While violating a domestic violence emergency protective order in Bakersfield is a misdemeanor, you should take the charges seriously. A judge will issue the order to prevent the alleged defendant from contacting a victim, mainly if the victim fears for their safety. If you are charged with Penal Code 273.6, you should hire an established restraining order defense lawyer. There is more than serving time. A conviction also attracts a criminal record, fines, and child custody implications. The skilled legal team at California Criminal Lawyer Group can investigate whether the order was lawfully issued, whether you were informed of the order when you violated it, and whether you broke the order’s specific terms.

An Overview of a California Emergency Protective Order

An emergency protective order (EPO) is a court order issued to an individual at immediate risk of domestic violence. Upon a police officer's request, the judge can issue the order at any time via phone.

The order lasts five business days or seven calendar days, whichever comes later. The EPO safeguards the petitioner until they can apply for a domestic violence (DV) protective order in court. 

The alleged victim should satisfy specific grounds, arguing they are at immediate risk of DV. They can obtain the emergency restraining order if the statements below are correct:

  • The individual is at immediate risk of DV based on prior domestic violence accusations or the latest incidents of threats or abuse.
  • The alleged victim is a minor at immediate risk of abuse by a household or family member.
  • The victim is at present or immediate risk of abduction by a relative or parent.
  • The individual seeking the protective order is a dependent adult or older adult in present or immediate risk of abuse.

Abuse does not have to be physical. It can involve emotional, psychological, or verbal harassment. Abuse is defined as:

  • Sexual assault.
  • Physically attempting to injure somebody else, either recklessly or physically.
  • Making an individual fear for their safety reasonably.
  • Engaging in actions like hitting a person, stalking, harassing, threatening, and disturbing another person’s peace.

Most people think that EPO is for children and spouses involved in DV. Parties qualifying to request the restraining order should have a relationship with their abuser. The following people can request the court order:

  • A former or current spouse.
  • A former or current cohabitant.
  • An individual whom the victim is dating or has previously dated.
  • The person with whom the respondent had a baby.
  • Any individual related to the defendant through an affinity.

What is Included in the EPO?

After the court issues the protective order, the aspects below should exist to determine its viability.

  • A statement highlighting the elements of the court order should assert.
  • The time and date the restraining order will last.
  • The address of the victim's residence.
  • A statement printed in Spanish and English.

How EPO is Implemented

Some of the conditions you must comply with include the following:

  • Relocating from Your Home

The alleged victim can request that you move from your residence:

  1. If you are married to them, and the home is jointly rented or owned by you and the victim, or
  2. If the lease or title is in their name.

  • Parenting Time and Child Custody

The court can grant the victim custody, subject to your parenting time. The petitioner can request from the judge that the parenting time be supervised. You should pay for the supervision expenses.

  • Stay Away Order

The court order can request that you stay away from their residence, workplace, daycare, or children’s school. In the petition, the victim should indicate how close you can get to them. They do not have to reveal their address when filing their petition.

  • Emergency Monetary Relief

The victim can ask the judge to order you to pay rent, purchase tickets, or change locks. The court can request emergency monetary relief if the restraining order is linked to the victim’s safety.

The court order can also request that you not contact the alleged victim. Contact can include texting, emailing, commenting on the petitioner’s social media posts, making calls, making in-person contact, leaving notes, or causing a third party to contact the victim on your behalf. However, the court can allow an exemption associated with exercising parenting time.

Note: Refrain from purchasing or possessing ammunition or firearms.

How an EPO Differs from a Temporary Restraining Order (TRO) or Permanent Protective Order

The main difference is that judges issue EPOs without notifying the abuser (respondent). In all other court proceedings, the court should alert the respondent so they can attend the hearing and be heard.

Can an EPO be Dropped?

Your EPO can end if the alleged victim does not seek an extension before the date the judge has set for it to end.

If the alleged victim wants the protection the EPO offers to continue, they should file a permanent or temporary protective order.

If you want the court to modify or remove the EPO, you should bring a motion. The alleged victim’s statement indicating that they do not plan to seek enforcement of the order and support the termination should support your motion. Your defense lawyer should help you make the statement.

Then, the court will schedule a hearing where both the victim and you, the respondent, should attend and present proof against and for the motion. Finally, the court will continue the protective order or modify or remove it.

What Occurs After Violating an EPO?

Before sentencing an accused person for Penal Code Section 273.6 PC, the prosecution must prove the following elements of the crime:

  • The judge issued a restraining order.
  • They were aware of your court order.
  • they could have abided by the order.
  • They willingly violated the court order.

Regarding knowledge, you should have known that the court order existed. It involves the opportunity to read the court order. It does not matter if you did not read it.

Willfully means violating the court order deliberately.

If you violate another offense while breaking the EPO, you could be charged with the statute governing the other criminal activity and Penal Code 273.6.

Penalties and Consequences of Violating PC 273.6

Breaking PC 273.6 is a misdemeanor that attracts the following consequences and penalties:

  • A one-year county jail sentence.
  • A fine of one thousand dollars.

Nevertheless, the crime is a wobbler if the following exist:

  • It is your subsequent PC 273.6.
  • There was violence during the crime commission.

The prosecutor can charge a California wobbler as a felony or a California misdemeanor.

A felony attracts the following consequences and penalties:

  • Three (3) years in state prison.
  • A fine of ten thousand dollars.

Will Your Conviction Affect Your Firearm Rights?

A conviction will not impact your firearm legal rights unless you are convicted of a felony.

In California, felons cannot possess or own a firearm.

Immigration Penalties

Violating your EPO is not an aggravated felony. Therefore, a defendant cannot be marked as inadmissible or deported.

Does the EPO Appear on Background Checks?

A protective order will not appear in the background check since it is a civil matter.

However, any person who conducts a background check will see your restraining order violation.

Fighting Your Penal Code Section 273.6 PC Criminal Charges

Your competent criminal defense attorney should collect and review evidence to develop an effective legal strategy. Some of the common defenses include the following:

The EPO Was Unlawful

The judge can only find you guilty if you break a legally issued court order. Therefore, it is a defense to argue that the protective order was illegal. For instance, the judge did not have a legal basis to issue a restraining order.

You Did Not Have Knowledge

One fact of the crime is knowing about the EPO. That means proving you were unaware of the court order is a legal defense.

You Did Not Act Willfully

A defendant must willfully break the EPO to violate PC 273.6. Therefore, it is a defense to claim that while you violated the order, you did not act so intentionally. You could have committed the violation accidentally.

Related Offenses

Some of the criminal activities prosecuted together with or in lieu of a violation of an emergency protective order include the following:

Domestic Violence

Per Penal Code 13700, domestic violence is abuse committed against an intimate partner. You commit abuse when you recklessly or intentionally threaten to use or use physical force against an intimate partner.

Some DV crimes include the following:

Penal Code Section 273.5 makes it a crime to inflict a corporal injury that leads to a physical injury to your intimate partner. It is a felony, carrying ten thousand dollars in fines and four years in prison.

  • Domestic Battery

Under Penal Code Section 243(e)(1), it is a California misdemeanor to inflict physical violence or force on an intimate partner. It carries a one-year jail sentence and a fine of two thousand dollars. 

If the domestic battery results in severe injuries, it becomes a felony.

  • Child Abuse

PC 273d makes it illegal to inflict corporal punishment that causes injury or is cruel to a minor. It is punishable by a $6,000 fine and six years in prison.

Contempt of Court

PC 166 makes engaging in any conduct that disrespects the court process illegal.

The crime is a misdemeanor punishable by six months in jail and a fine of one thousand dollars.

California Vandalism

PC 594 defines vandalism as maliciously destroying, damaging, and defacing another person’s property.

It is a California misdemeanor if the value of the damaged asset is below $400. The charge becomes a felony if the damage is more than $400.

Criminal Threats

PC 422 makes it illegal to make threats of death or great bodily injuries designed to make the victim fear for their safety or that of their loved ones.

It is a California wobbler.

Tips on Navigating California Criminal Justice System

Facing a crime can be daunting. First, you risk facing life-altering penalties. Second, the criminal justice system is full of intricacies, making it more overwhelming and confusing. The section below discusses tips on navigating the judicial system.

Know Your Constitutional Rights as a Defendant in Bakersfield

You must understand that you have legal rights if you have been arrested and charged with violating EPO. They are as follows:

  • Right to legal representation — Hiring a criminal defense lawyer can assist you in understanding what you are required to do at every stage of the criminal process. The legal professional will negotiate a plea bargain, represent you in court, offer legal guidance, and protect your rights. If you cannot retain an attorney, the court can appoint a public defender at no cost.
  • Right to a speedy trial —The law requires the court to schedule your trial within a reasonable time. Otherwise, your case could be dismissed.
  • Right to a public trial.
  • Right against self-incrimination.
  • Right to cross-examine and confront witnesses.

Understanding the Criminal Charges You Are Facing

You should understand the nature of the alleged crime, its potential penalties, and your legal defenses. Consult your skilled defense lawyer if you are unsure about the criminal charge. The attorney will listen to you and answer your questions.

Talking to the Police Officer

Along with understanding your legal protections when speaking with officers, here are some practical tips on what you should keep from telling law enforcers.

  • Anything — You are not obligated to answer any police questions, and you can decline to answer them. You can refuse any police questioning if the officers come to your workplace or home. If you are arrested, you should plead your Miranda rights per the 5th Amendment to the U.S. Constitution and keep quiet. Ensure that you are polite and remain calm.
  • “You can search my"—Law enforcers require probable cause to search the suspect property or person. However, the police can bypass this requirement if you permit them to search your cell phone, house, and car. The court will suppress any evidence the police gather without probable cause.
  • “I did it.” — It is the police’s responsibility to establish that you violated the law. Regardless of what the officer might tell you, admitting to the crime would not increase your chances of winning. If you are contemplating pleading guilty, you should do so with an attorney.
  • Lying — You should not lie to the law enforcer. Making a false statement can result in obstruction of justice charges, which is a California felony.

Maintain Constant Communication with Your Defense Lawyer

While your defense attorney will be responsible for developing a legal strategy and fighting the charges, you should be updated on the case's progress. Constant communication makes it easier for you and your defense lawyer to make adjustments if necessary.

Remember to be honest with your defense attorney. Half-truths and lies can damage your case and make the lawyer lose credibility in court, increasing your risk of losing a case. Irrespective of the ugly truth, it is wise to share it with your attorney so they can assist you.

What to Do During the Court Hearing

Make arrangements to arrive at the courtroom early during your court hearing date. Think about traffic and where to park your car, or figure out how to get there on public transportation.

Dress like you are going to a job interview. Do not wear shorts, flip-flops, or baseball hats.

Carry a notebook, pen, and folder with copies of your court papers, documents you want the court to review, and notes on what you plan to ask or say.

There can be many court hearings in a day. Therefore, you should wait for your turn in the waiting space at the back of the courtroom.

When talking to the judge, do not interrupt them. Refer to the judge as the “judge” or “your honor.”

What and When to Tell Your Boss About Your Arrest

If you have been arrested, you might be afraid of telling your employer about it. Any seasoned defense attorney will tell you that defendants wonder how a criminal record will impact their employment.

Your arrest is nobody’s business but yours. Nonetheless, there are work-related circumstances where you should inform your boss.

After employment, most people sign a contract outlining their responsibilities. Sometimes, the handbook states that workers should tell them of the arrest or charges against them. If this applies to you, you should report your arrest. Otherwise, you risk facing severe repercussions, like termination.

If you do not know whether to report the arrest, you can find this information in the firm’s code of conduct, website, human resources department, and employment contract.

You only have to tell your employer if you possess a professional license. That means the decision is yours. It is wise to tell your boss about your arrest if they are likely to discover it. Mugshots are posted online, and it can be challenging to tell who is conducting a background check. 

If you decide to tell the company, remind your boss of your contribution to the organization and assure them that the criminal offense will not affect your performance. Also, request that they wait until your case is resolved before taking action.

Expunging Your Penal Code 273.6

Under PC 1203.4, an expungement permits you to withdraw a no-contest or guilty plea, re-enter a plea of not guilty, and dismiss your case. The process releases you from the penalties and consequences of a conviction.

You qualify for expungement as long as:

  • Completed probation.
  • Are not currently charged with a crime or serving time.

How to Expunge Your Criminal Record

Below are the steps involved in criminal record expungement:

  • Hiring a Defense Attorney

California expungement is paper-and-time intensive and complicated. Your defense lawyer can help you avoid making mistakes that could cause a denial of your application. 

Your defense lawyer knows the form to use and will ensure you file it correctly and timely. Also, expungement application forms are accessible via an internet search or at the courthouse.

  • Filing for Expungement

After filling out your forms, you should bring them to court, where your case was heard. Typically, the court should respond within five (5) months.

Each jurisdiction has its fees and policies. You can submit your petition via mail or in person.

Filing your paperwork on time is vital. For instance, you should give the prosecution fifteen days before the court hearing. It allows the prosecutor to analyze your case.

  • Preparing for Your Expungement Court Hearing

Whether you should attend the expungement hearing depends on your case. Your defense lawyer should advise you and prepare you for the hearing.

During the court hearing, the court will:

  • Allow you to withdraw your nolo contendere plea or guilty plea and enter a not-guilty plea, or
  • If you have been found guilty after a not-guilty verdict, set aside the guilty verdict.

The judge will determine whether to grant an expungement. You are more likely to obtain a California expungement if you maintain employment without a previous criminal record.

If the judge grants your petition, your case will be sealed, making it available to the public.

If the judge denies your expungement, you can bring another petition without the necessary changes after six (6) months.

To know whether your criminal record was expunged, your lawyer should give you a signed order by the California Superior Court judge setting aside your conviction and dismissing your case.

How Much is the Expungement Filing Fee?

The filing fee varies depending on where you reside and whether you were sentenced for a felony or a misdemeanor.

All counties offer financial assistance if you cannot raise the amount.

Benefits of Expunging Your Criminal Record

Things expungement can do include the following:

  • You can easily acquire a state professional license.
  • Your expunged conviction cannot be used to impeach your credibility as a witness in a courtroom.
  • You can easily secure employment because employers cannot discriminate against your application based on expunged convictions.

Find an Aggressive Defense Lawyer Near Me

A DV emergency restraining order goes beyond restricting your contact with the victim. It also limits how close you can get to the alleged victim. EPOs can be challenging to understand and comply with. A conviction can affect different aspects of your life. If you have been charged with violating the court order, you should hire the California Criminal Lawyer Group. Our Bakersfield attorney can guide you throughout the process and protect your constitutional rights. Please contact us at 661-750-8230 to get started.