Violating A Court Order PC 166c (Penal Code 166(c))
Crime: Violating a Protective Order or Stay Away Order
Code Section: Penal Code 166(c)
Related CALCRIM: 2701, 2702
PC 166(c) Brief Summary:
In California, violating a court order is a misdemeanor pursuant to Penal Code 166(c). Penal Code 166(c) is often charged in connection with domestic violence cases or elder abuse cases. It is charged in cases where the prosecutor believes there has been a willful violation of a protective order or stay-way order.
PC 166(c) Elements:
To prove someone guilty of this crime, the government must prove:
- A court issued a lawful written order;
- The court order is a protective or stay-away order;
- The defendant knew of the court order;
- The defendant had the ability to follow the order;
- The defendant willfully violated the court order.
PC 166(c) Punishment:
A violation of Penal Code 166 is a misdemeanor with a maximum exposure of up to a year in county jail. Other fines, fees, and possible probation terms could be applied. If the violation resulted in a physical injury to a victim, then a person convicted is required to serve at least 48 hours in county jail.
PC 166(c) Lesser Included Offenses:
A lesser included offense is one that contains all of the elements of the charged offense, but for which the consequences are less severe. Typically, a conviction for a lesser included offense only occurs when there is no conviction for the more serious offense. An attempt is often times a lesser included offense to a charged offense and occurs when the defendant intended and tried to commit the charged offense, but for whatever reason, was unable to finish committing that crime. In general, there are no other lesser included offenses for Penal Code 166(c).
PC 166(c) Related Charges:
Charged with domestic violence?