What is Level 1 protective order California?

Under California Penal Code Section 136.2 PC, the Court will typically issue a protective order against a defendant who has been charged with a crime of domestic violence. The protective order may prohibit any contact or may be a “Level One” protective order that allows peaceful contact between the parties.

Is PC 273.5 a wobbler?

California Penal Code Section 273.5 is a wobbler, meaning that the prosecution has the discretion to charge it as a felony or a misdemeanor, depending upon the facts and allegations in the case.

What does 273.6 a PC mean?

California Penal Code [CPC] §273.6(a) – Violation of Court Order – California Penal Code §273.6(a) makes it illegal to violate any “protective order” as defined under one of five sections of state law. Failure to follow the terms of a protective order can result in arrest and prosecution.

Are California restraining orders public record?

Generally speaking, restraining orders are public record in California. Unless they have been sealed for some reason, like any other court order or document, a restraining order, or protective order as they are otherwise known, are a matter of public record.

Can a 273.5 be expunged?

A conviction under Penal Code 273.5 can be expunged if you were convicted of misdemeanor domestic violence or didn’t serve any state prison time for your conviction. Felony charges cannot be expunged.

Can I violate my own restraining order in California?

Penal Code 273.6 defines the violation: “Any intentional and knowing violation of a protective order is a misdemeanor offense that is punishable by up to one year in a county jail, and fine up to $1,000, or both jail and a fine. “

What happens if the victim violates the order of protection in California?

Penal Code 273.6 defines the violation: “Any intentional and knowing violation of a protective order is a misdemeanor offense that is punishable by up to one year in a county jail, and fine up to $1,000, or both jail and a fine.

How do I look up a restraining order in California?

There are three primary ways to find restraining orders:

1. Go to the courthouse and request to look at the paper records.
2. Go to the courthouse and request to look at the electronic records.
3. Use remote access to find the court case documents online if your court offers this method.

Is California Penal Code 273.5 a an aggravated felony?

A conviction under Penal Code § 273.5 counts as a crime involving “moral turpitude” and may be classified as an “aggravated felony” even if the individual is sentenced to a misdemeanor. A conviction can also result in an individual being denied naturalization and being denied re-enty to the United States.