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In a domestic violence situation, violation of a restraining order is a serious crime that can net serious time in jail. Under the California Penal Code 273.6 PC, criminalizes any obstruction of this order. If you have been accused of a restraining order violation, now is the time to seek out proper representation. Only a skilled attorney can avail you of your rights and aggressively defend you on these matters.
There are four types of restraining orders under the California Penal Code:
Who can be charged with restraining order violations?
Restraining orders are very specific. If you have been told not to contact an individual under certain circumstances, you can be charged if you are in violation of specific elements:
What are prosecutors required to prove?
If you are charged with violation of a restraining order, there are certain elements that the prosecutor is required to prove to secure a conviction:
This is why a person who has been accused of violating a restraining order should seek out a skilled lawyer who handles these sort of issues. Not everything is cut and dry. Mistakes can and have been made. Find an attorney that will vigorously defend your case. Here are some common defense strategies:
If you have a good attorney on your side, there are a number of ways you can poke holes in an accusation of violating a restraining order. The best thing to do is go in for a free consultation. Allow your attorney to look over your case and formulate a successful strategy. Remember, you have rights under the law just as the other party. Cases like this are time-sensitive. Find an experienced attorney as quickly as you can so you will have a fighting chance of winning your case.