Criminal Defense Q&A: The DA Charged Me with Penal Code 273.6, Violating a Restraining Order. Can the Victim Drop the Charges?
Answer:
In general, violating a restraining order is a misdemeanor, and prosecutors have up to one year from the date of the violation to decide if they want to file misdemeanor charges. See Penal Code sections 273.6(a), 802(a).
Violation of a restraining order under Penal Code 273.6 is punishable by up to 1 year in jail, a fine of up to $1,000, or both jail time and the fine. However, depending on the nature of the violation, the punishment can be enhanced.
For instance, if the violation involved physical violence, the punishment is a minimum of 30 days in jail (up to a maximum of 1 year), a fine of up to $2,000, or both. See Penal Code 273.6(b). if the violation was for purchasing or receiving a firearm when prohibited from doing so, then the violation can be punished as a misdemeanor or a felony. See Penal Code 273.6(g)(1), 29825(a). These are just two instances, but there other circumstances that enhance the punishment for this offense.
Continue reading criminal defense attorney Michael J. Ocampo’s answer at Avvo: I was charged with violating a restraining order (pc 273.6)?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
