Description

Any intentional and knowing violation of a protective order may be charged as Violating a Restraining Order.

What does the prosecutor have to prove?

1. The defendant violated a protective order, as defined in Section 6218 of the Family Code or Section 527.6 or 527.8 of the Code of Civil Procedure.
2. The defendant acted knowingly and with the intention of violating a protective order, as defined in Section 6218 of the Family Code or Section 527.6 or 527.8 of the Code of Civil Procedure.

Punishment
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?No
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?Yes
Is this charge considered a “controlled substance violation” for immigration purposes?Yes
Is this charge considered a “domestic violence” for immigration purposes?Yes
Is this charge considered a “firearm conviction” for immigration purposes?Yes