A law enforcement officer, responding to a domestic violence call, may find reasonable grounds to believe that a person is in immediate danger of domestic violence. In this situation, the officer can contact a judge who may then issue a temporary protective order without holding a hearing. This temporary order, lasting from 5 to 7 days, will allow time for the abused person to go to court to ask for a Domestic Violence Restraining Order (DVRO). This is a civil court order that is signed by a judge and tells the abuser to stop the abuse or face serious legal consequences. It is usually based on the person’s allegations of recent domestic violence or threats of domestic violence and offers civil legal protection from domestic violence to both female and male victims.
Penal Code 273.6 PC makes it a crime to violate the terms or conditions of a DVRO, as well as a variety of other protective orders. A violation of this law occurs when the judge issues such an order and you intentionally ignore the terms of that order.
Intentional violations of protective orders are in themselves criminal acts in California. They bring charges in addition to the original charges that may have stemmed from the violence that motivated the victim to seek the protective order in the first place. Conversely, for lack of evidence or a number of other reasons, an offender may not face charges for committing domestic violence but may face only the charge of violating a protective order.
Any intentional and knowing violation of a protective order under Section 273.6(a) which does not result in physical injury is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
In the event of a violation of Section 273.6(a) that 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, there may be circumstances which could change this sentence considerably in a particular case.
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