Prior issues and disputes with your ex-wife could trigger her to obtain a restraining order against you. While restraining orders are crucial court orders that help protect victims of domestic violence cases, they have strict life-changing terms and requirements that the restricted individual must comply with.

If you are under arrest on suspicion that you have violated the terms of a restraining order issued against you, you should speak with a defense attorney as soon as possible. Violation of a restraining order is a severe crime that carries steep penalties upon conviction under Penal Code (PC) 273.6. These consequences include fines, lengthy jail times, and the loss of child custody rights.

If you or a loved one is under arrest or has a pending PC 273.6 charge in Fresno, our skilled attorneys at California Criminal Lawyer Group can help. Aside from being your legal counsel, we can raise several defenses to assist you in securing the best possible outcome at every phase of the court process.

We will take time to investigate the details of your unique case and craft defenses to help you secure a desirable outcome, including dismissal of the charge or a less severe penalty.

An Overview of Violation of a Restraining Order Offense Under PC 273.6

According to PC 273.6, violating or breaching the terms and conditions of a restraining or protective order issued against you is a crime. While it is issued primarily in domestic violence-related cases, any person facing any form of abuse can obtain a restraining order.

A domestic violence (DV) restraining order prevents you from contacting or visiting the protected person, who could be your ex-wife or any person you had an intimate relationship with. Aside from restricting physical contact or interaction, a restraining order, also known as a protective order, makes it unlawful to contact the protected person electronically via phone, email, text, or social media.

When you abuse or inflict injury on your wife or any other person, he/she can obtain a temporary or permanent restraining order against you. If that happens, you will become the restrained person, and the victim or accuser will be the issuing or protected person.

When the judge presiding over the case grants a protective order request, he/she will set the time and date of the order hearing. Then, he/she will issue you restraining order documents to notify you about the petition, the action required, and the set hearing date. Once you receive these papers, you have up to twenty days to file your response to the accuser's or victim's allegations.

Generally speaking, the judge cannot issue a protective order against you if you have not received the order documents through the proper and legal channels. That means it could be a viable defense to argue that you were not served with protective order papers when charged with a PC 273.6 violation. Below are examples of acts that could attract charges under PC 273.6:

  • A defendant in a DV-related criminal case making frequent threatening phone calls to harass the protected individual.
  • Texting your ex-wife and you know she has obtained a civil harassment protective order against you.
  • Stalking your co-worker and you know that you have a workplace violence protective order issued against you.

Different Time-Based Protective Order Classifications that You Ought to Know

Various levels or classifications of a protective order are available under PC 273.6, including:

Emergency Protective Orders

The responding police officer in a domestic violence case could organize to have an emergency protective order (EPO) issued against you. The primary purpose of this short-term court order is to protect victims of domestic violence from imminent danger or continued abuse. Apart from protecting the victim or accuser, an EPO could make you unable to see or visit your children.

Failing to comply with the terms of an emergency protective order shows you are a notorious offender. If you are unsure of what you can and cannot do if you have an EPO issued against you, you should speak with your defense attorney for guidance.

Temporary Protective Order (TPO)

As the name suggests, the court will issue a TPO to people who need protection for a short period. A victim of domestic violence could secure a TPO against you if he/she can satisfactorily prove to the court that:

  • He/she is a victim of harassment.
  • He/she already has an EPO issued against you that he/she wants to extend.

Generally speaking, a TRO will last for no more than three (3) weeks.

Permanent Protective Order (PPO)

A PRO will limit the restrained individual from contacting the restrained individual for up to five (5) years. As you can see, a PPO is a serious issue and could significantly restrict your freedom and liberty. Aside from limiting your physical interactions with the protected individual, a PRO could make you lose properties, spousal rights, and child custody rights.

Fortunately, the court will hold a hearing to determine whether to issue a PPO against you. During this hearing, your defense attorney should be ready with appropriate arguments and evidence to prove that a PPO is unnecessary in your case.

What the Prosecution Team Must Prove for a PC 273.6 Violation Conviction

The prosecutor must prove the facts listed below at trial to obtain a guilty verdict against you for a PC 273.6 violation:

  • The court legally issued a protective order against you.
  • You were aware of the protective order.
  • You had the mental and physical capability to follow the court-set instructions.
  • You knowingly and willfully violated the protective order.

You could be guilty of a PC 273.6 charge if the prosecution team can provide sufficient evidence to support these facts beyond a reasonable doubt. Here is a further clarification of various critical terms in the above elements of the crime:

You Were Aware

You would not be guilty of a PC 273.6 violation if you were unaware of the protective order issued against you.

Willfully

For the sake of PC 273.6, you commit an act willfully if you do it:

  • Willingly.
  • On purpose.

Potential Sentence for a PC 273.6 Violation Conviction

Unfortunately, when the prosecutor obtains a conviction against you for a PC 273.6 violation, your case will proceed to the sentencing phase of the legal justice system. Listed below are possible legal penalties you should anticipate at the end of your sentencing hearing:

  • A jail sentence of not more than one year.
  • Informal probation.
  • A fine not exceeding $1,000.

Under the following circumstances, the prosecution team could file a PC 273.6 charge as a wobbler, meaning you should expect felony or misdemeanor penalties upon conviction:

  • It is your second PC 273.6 charge.
  • The violation of this statute involved an act of violence.

When charged as a felony, a conviction under this statute could carry a jail term of up to three (3) years and up to $10,000 maximum fine. Another detrimental repercussion of a felony conviction under PC 273.6 is that you will likely lose your legal rights to possess, carry, or own a firearm.

While several DV-related offenses attract negative immigration consequences, a PC 273.6 charge is not one of them. That means you will not face deportation upon conviction if you are an alien. However, like any other criminal offense, a conviction under this statute will remain in your criminal record, making it challenging or impossible to do the following:

  • Qualify for college admission.
  • Obtain a professional license.
  • Secure an apartment to live in.
  • Secure a reliable job.

You should work with your attorney to secure an expungement to avoid these detrimental consequences after serving your sentence for a PC 273.6 violation. An expungement under PC 1203.4 can give you a fresh start to enjoy life and chase your dreams without worrying that a past mistake could affect your reputation and quality of life.

How to Challenge a PC 273.6 Charge

One of the main reasons you need an attorney if you have a PC 273.6 charge is to craft defenses that could work in your favor at trial to obtain a desirable outcome. Below are some common viable defenses to challenge a PC 273.6 charge:

The Protective Order Was Not Lawful

For a PC 273.6 violation conviction, the prosecutor must prove that you violated a legally issued court protective order. Therefore, it is a valid defense to argue that the protective order issued against you was not legal. For instance, that would be possible if the judge presiding over the case had no legal basis to issue the order.

You Were Not Aware of the Protective Order

Arguing that you were unaware of the protective order is a viable defense for a PC 273.6 charge. That would be possible if you were not issued a copy of the protective order to notify you about the petition and the action you must take.

If your attorney can prove beyond a reasonable doubt that you did not receive a notice about the court order and did not know it existed, the court could reduce or dismiss the case.

You Did Not Violate the Order Willfully

A reliable and seasoned attorney could argue that you violated the order but did so accidentally, meaning you did not do so on purpose. If the court finds your attorney's argument reasonable, he/she could reduce or drop your PC 273.6 charges to a lighter offense.

The Allegations You are up Against are Untrue

Arguing that you are a victim of false allegations is a viable defense for a PC 273.6 charge. The person who has obtained a protective order against you can falsely accuse you of contacting or following him/her to satisfy his jealousy or revenge motives.

If you are a victim of false allegations, an experienced attorney will know and leave no stone unturned when preparing defenses to help you obtain a favorable outcome.

The Prosecutor's Evidence Against You is Insufficient

Like in any other criminal case, the prosecutor must provide the court with sufficient and clear evidence to obtain a guilty verdict against you for a PC 273.6 violation. The court will drop or reduce your PC 273.6 charges if the prosecutor cannot support his arguments with sufficient and convincing evidence.

PC 273.6 Charge and Related Offenses

Below are several other offenses the prosecutor could file against you if his/her evidence is insufficient to obtain a guilty verdict against you under PC 273.6:

Domestic Violence

Domestic violence laws make it a criminal offense to threaten or harm your former or current spouse, co-parent, cohabitant, or intimate partner. Some of the most common domestic violence crimes include:

  • Domestic battery under PC 243e1.
  • Inflicting corporal injury on an intimate partner.

Upon a conviction for a domestic violence offense, your penalties could include:

  • Fines and victim restitution.
  • Jail term.
  • Enroll in a batterers intervention program.
  • Loss of child custody rights.
  • A protective or restraining order.
  • Loss of your gun rights.
  • A criminal record.

Stalking

According to PC 646.9, it is a criminal offense to harass, follow, or threaten someone to the extent of making him/her fear for the safety of his/her life.

Here are a few examples of situations that can attract stalking charges:

  • Sending your ex-wife dead flowers every Wednesday evening with a note that clearly says, "Watch your ".
  • Calling your colleague every day after work without an invitation to do so and telling her that "she will regret it if she refuses to have sex with you".

Since it is a wobbler crime, the prosecutor presiding over your case could file it as a felony or misdemeanor. A felony stalking charge conviction could attract severe penalties, including:

  • Detention in the state prison for up to five (5).
  • A fine amounting to up to $1,000.
  • Felony probation.

However, if the facts of your unique case make it a misdemeanor, your penalties upon conviction at trial could include the following:

  • Up to one (1) year of jail time.
  • Misdemeanor probation.
  • A fine amounting to up to $1,000.

Criminal Threats

According to PC 422, you commit the offense of criminal threats when you threaten to inflict physical injury or kill another person, making him/her fear for his/her life or safety. For instance, the prosecutor can secure a guilty verdict against you for a PC 422 violation if he/she can prove that you threatened to kill another person while holding a gun.

Like stalking, making criminal threats could attract felony or misdemeanor penalties because it is a wobbler. A misdemeanor charge conviction under PC 422 could result in up to one (1) year of jail time and a fine amounting to up to $10,000. However, if you are guilty of a felony PC 422 violation, your penalties could include a fine of not more than $10,000 and up to three (3) years of jail time.

Vandalism

PC 594 defines vandalism as malicious damage, destruction, or defacing of another person's property. When most people hear the term vandalism, they often think of neighborhood children who end up in the juvenile delinquency system for smashing other people's mailboxes.

However, vandalism charges could arise from several situations that you would not immediately think were illegal, for example:

  • Writing your name or other drawings on wet cement.
  • Keying the vehicle of a person you know as an act of revenge for something they did to you.
  • Breaking an asset you own with your wife after a quarrel or disagreement.

The prosecutor presiding over your case could file vandalism charges as a felony or misdemeanor, depending on the monetary worth of the property or asset in question and your criminal record.

If the value of the defaced or destroyed property is $400 or more, your case will become a felony. A conviction under PC 594 will carry the following possible legal penalties upon conviction:

  • Up to three (3) years of jail sentence.
  • Up to $10,000 maximum fine.
  • Felony probation.

However, when charged with a misdemeanor vandalism offense, your penalties upon conviction at trial will be lighter, including:

  • Up to $1,000 maximum fine.
  • Up to one (1) year of jail sentence.
  • Misdemeanor probation.

Elder Abuse

PC 368 defines elder abuse as emotional or physical neglect, abuse, or financial exploitation of a person aged 65 years or older. Here are examples of acts that can attract elder abuse charges under PC 368:

  • Not feeding a 90-year-old parent who cannot feed herself.
  • Using fraud to convince an 80-year-old neighbor to make you the sole beneficiary in his/her will.
  • A caregiver ridiculing a 75-year-old patient for being a wheelchair user.

The prosecutor will generally file this criminal offense as a misdemeanor, carrying the following penalties upon conviction:

  • A fine amounting to up to $1,000.
  • Detention in the county jail for not more than one year.
  • Misdemeanor probation or parole.

However, under certain circumstances, elder abuse charges could attract felony penalties. Some of these penalties include:

  • Up to four (4) years of jail sentence.
  • Up to $10,000 maximum fine.
  • Felony probation.

Contempt of Court

According to PC 166, engaging in disrespectful behavior or conduct in court is illegal. Examples of acts that the judge could consider disrespectful to the court include:

  • Declining to be sworn in an eyewitness during a criminal trial.
  • Being belligerent or loud in court.

A PC 166 violation is typically a misdemeanor crime. If you are guilty of a PC 166 violation, your sentence could include a fine amounting to up to $1,000 and detention in the county jail for not more than six (6) months.

Child Abuse

You commit the offense of child abuse when you willfully inflict cruel corporal punishment on a child, leading to an injury or a traumatic condition. The prosecutor could file the offense of child abuse as a misdemeanor or felony. To secure a conviction against you for the offense of child abuse under PC 273d, the prosecutor must prove that:

  • You willfully inflicted cruel punishment or injury on a minor (a person aged below eighteen years).
  • The injury or punishment led to a traumatic physical condition.
  • When you acted, you were not reasonably disciplining the minor.

If you are guilty of a felony child abuse offense, your sentence could include:

  • Detention in the state prison for not more than six years.
  • A fine not exceeding $6,000.
  • Felony probation.

On the other hand, if your child abuse offense is a misdemeanor, a conviction under PC 273d will carry the following possible sentence:

  • Detention in the county jail for not more than one (1) year.
  • Misdemeanor probation.
  • A maximum of up to $6,000 in fine.

What to Expect When Sentenced to Probation Upon Conviction for a PC 273.6 Violation

Depending on your case's facts and your attorney's mitigating arguments, the judge could sentence you to probation instead of jail time upon a PC 273.6 violation conviction. While it is a favorable alternative sentence upon a conviction, you must be ready to comply with certain court-set terms and conditions, including:

  • Stay crime-free and arrest-free.
  • Stay away from the accuser or victim of the offense.
  • Perform community service.
  • Enroll in a drug and alcohol counseling session.
  • Attend a batterers intervention program.
  • Pay fines and restitutions if necessary.

Since every case is unique, the specific terms and conditions the court could require you to comply with upon a conviction for a 273.6 violation could vary.

To avoid a re-arrest and another criminal charge, you should abide by these terms for the required period set by the court. For felony convictions, the court could require you to comply with these terms and conditions for up to five (5) years. However, if you are guilty of a misdemeanor PC 273.6 violation, probation will only last for no more than three (3) years.

Find a Criminal Defense Attorney Near Me

As you can see above, a PC 273.6 charge is a severe offense in the eyes of the court, but luckily, there are several defenses your attorney could use to help you obtain a desirable outcome in the case.

We invite you to contact our reliable defense attorneys at California Criminal Lawyer Group at 559-712-8377 if you or someone you care about is under investigation or arrest for a PC 273.6 charge in Fresno. We will work hand in hand with you to craft the best legal defenses to help you secure a desirable outcome, including dismissal of the case or a less severe charge.