Contact Us for a Consultation (559) 266-5555

Fresno Criminal Defense Attorney

PC Section 273.6 Protective Order Violations Pursuant to Family Code and Code of Civil Procedure subsequent Convictions; Order to Undergo Counseling; Conditions of Probation.

PC 273.6(a) Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions code, is a misdemeanor punishable by a fine of not more than one thousands dollars ($1,000), or by imprisonment in a county jail for not more than one year or by both that fine and imprisonment.

PC 273.6(b) In the event of a violation of subdivision (a) which results in physical injury, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment.  However, if the person is imprisoned in county jail for at least 48 hours, the court may, in the interest of justice and for reasons stated on the record reduce or eliminate the 30-day minimum imprisonment required by the subdivision.  In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.

PC 273.6(c) Subdivisions (a) and (b) shall apply to the following court orders:

(1) Any order issued pursuant to Section 6320 or 6389 of the Family Code.

(2) An order excluding one party from the family dwelling or from the dwelling of the other.

(3) An order enjoining a party from specified behavior which the court determined was necessary to effectuate the order described in subdivision (a).

(4) Any order issued by another state that is recognized under part 5 (commencing with Section 6400) of Division 10 of the Family Code.

PC 273.6(d) A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or "a credible threat" of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or in the state prison.

PC 273.6(a) In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than sex months nor more than one year, by both that fine and imprisonment, or by imprisonment in the state prison. However, if the person imprisoned in a county jail for at least 30 days, the court may, in the interest of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision.  In determining whether to reduce or eliminate the minimum imprisonment pursuant to the subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegation of a violation of the order during the pendency of the case before the court, the probability of future violation, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.

PC 273.6(f) The prosecuting agency of each county shall have the primary responsibility of the enforcement of orders described in subdivisions (a), (b), (d), and (e).

PC 273.6(g)(1) Every person who owns, possesses, purchases or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under the provisions of Subdivision (g) of Section 12021.

(c) Every person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to (f) of Section 527.9 of the Code of Civil Procedure or Subdivisions (h) of Section 6389 of the Family code

PC 273.6(h) If probation is granted upon conviction of a violation of subdivisions (a),(b), (C), (d), or (e), the court shall impose provisions of Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements:

(1) That the defendant make payments to a battered women's shelter tor to a shelter for abused  elder person or dependent adults up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.

(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant's offense.

PC 273.6(i) For any order to pay a fine, make payments to a battered women's shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendant's ability to pay. In no event shall any order to make payments to a battered women's shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury t a married person is caused in whole or in party by the criminal acts of his or her spouse in violation of this section, the community may not be used to discharge the liability of the offending spouse for restitution to the injured spouse required by Section 1203.4, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. (See PC 166 Contempt of Court)

Return To Home Page

Get the Help You Need

Jonathan Rooker can help you, when you need it most. The road to justice may sometimes be a long road, but it is a worth fighting for. Don't try to handle a criminal allegation without first consulting and educated experienced attorney to see if they can help and/or advise you on the best defense.

Schedule Today

191 West Shaw
#209

Fresno, CA 93704
(559) 266-5555
(559) 412-2082 (fax)
Mon, Tue, Wed, Thu, Fri: 07:30am - 07:30pm
Sat, Sun: 09:00am - 01:00pm

Menu