Los Angeles prosecutors use California Penal Code Section 273.6: Violating a Restraining, Protective, or Stay Away Order to charge individuals who ignore protective orders. Ignoring lawful restraining orders of any kind can result in criminal charges.
All types of protective or stay away orders issued by the court must be obeyed, including restraining orders for:
- Workplace Violence
- Civil Harassment
PC 273.6 also covers domestic violence protective orders and elder or dependent adult abuse protective orders.
The Simmrin Law Group can help you understand the legal definition of PC 273.6. Our team of legal professionals may be able to help if you are facing charges for violating a restraining, protective, or stay away order.
Breaking Down PC 273.6
PC 273.6 can appear complicated to understand at first glance. This law is used to prosecute anyone who violates a protective order. The court often uses different terms to refer to protective orders, including:
- Restraining Orders
- Stay Away Orders
Individuals should only be prosecuted under PC 273.6 if they:
- Are Subject to a Legally Issued Protective Order
- Are Aware of the Court Order
- Can Comply with the Court Order AND
- Still Violate the Court Order Intentionally
Charges for violating a restraining, protective, or stay away order can apply if the court order is temporary or permanent. Emergency protective orders must also be obeyed.
Charges Related to PC 273.6 in Los Angeles
The court generally orders restraining or protective orders after initial acts of violence. An individual may be subjected to a stay away order after facing charges related to:
- California Penal Code Section 273.5(a): Corporal Injury To Spouse
- California Penal Code Section 273(d): Child Abuse / Inflicting Physical Punishment On A Child
- California Penal Code Section 273(a): Child Endangerment
Any form of domestic violence may result in a restraining order. Convictions for domestic battery commonly allow courts to hand down incredibly harsh protective orders that can make it difficult for people to go about their daily life.
Defenses for PC 273.6 Violations
There are a number of possible defenses that can be used when facing charges under PC 273.6. A Los Angeles criminal defense lawyer may be able to build a defense if:
You Violated a Restraining Order Accidentally
PC 273.6 should only be used to prosecute intentional violations of restraining, protective, or stay away orders. A lawyer could be able to prove that any breach of the order was the result of an accident.
You Did Not Actually Violate the Order
In some cases, an individual will lie about someone else violating a restraining order. Proving that you were falsely accused of disobeying a protective order can be difficult without professional help.
The Restraining Order was not Legally Issued
Judges must order protective, restraining, or stay away orders legally for them to be considered valid. Sometimes this legal action is not carried out properly.
Repercussions for Violating a Restraining, Protective, or Stay Away Order
There are many serious legal consequences if an individual is convicted of violating a restraining, protective, or stay away order. The court may prosecute violations of PC 273.6 as a misdemeanor or a felony. PC 273.6 may be charged as a felony if:
- An Individual Violated a Restraining Order Multiple Times
- Physical Injuries Resulted from the Restraining Order Violation
Misdemeanor charges for PC 273.6 may include 1 year of jail time and fines of up to $1,000. A felony conviction can lead to 3 years of prison time and fines of $2,000. The court may also penalize PC 273.6 violations by ordering an individual to pay for:
- Counseling Services for the Victim
- Medical Services for the Victim
Additionally, individuals convicted under PC 273.6 may have to relinquish their firearms while under the restraining order. Individuals faced with protective orders are generally forbidden from purchasing or otherwise acquiring additional firearms.
Legal Help for Violating a Restraining, Protective, or Stay Away Order
The Simmrin Law Group can provide professional legal advice for individuals facing California Penal Code Section 273.6: Violating a Restraining, Protective, or Stay Away Order. Make sure that you are ready to meet this charge by calling (310) 997- 4688 or completing our online contact form.
We provide a FREE case evaluation so you can learn more about PC 273.6 today.