Violating A Protective Order PC 273.6(a) (Penal Code 273.6(a))
Crime: Violating a Protective Order
Code Section: Penal Code 273.6(a) (click here to view the statute)
Related CALCRIM: 2701, 2702
PC 273.6(a) Brief Summary:
Penal Code 273.6(a) is a misdemeanor crime commonly charged in domestic violence cases that involve the violation of a court-issued protective order. Prosecutors charge this offense when they believe there has been a willful violation of a protective order. This charge is commonly related to domestic violence cases because a protective order is required in every pending domestic violence case and it doesn’t take much to violate the protective order. For example, if the protective order forbids any contact with the protected party, a mere phone call to that person could be grounds for a violation of Penal Code 273.6.
PC 273.6(a) 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 273.6(a) Punishment:
A violation of Penal Code 273.6(a) 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 30 days in county jail unless the judge chooses to eliminate this requirement in the interests of justice.
PC 273.6(a) 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 273.6(a).
PC 273.6(a) Related Charges:
- Penal Code 166(c)-Violating A Court Order
- Penal Code 166(c)(4)-Violating A Court Order With Violence
- Penal Code 243(e)(1)-Domestic Battery
- Penal Code 273.5(a)-Domestic Violence
Charged with domestic violence?