Not following court orders can happen for a variety of reasons. In some cases, it’s a case of a person not agreeing with the order and refusing to follow it. In other cases, a person may not understand the specifics of the order and many inadvertently not follow it. No matter what the cause, there can be significant consequences for not following a court order.
What qualifies as a court order
First of all, let’s cover what we mean by a court order. According to California law, it’s a ruling, instruction, or direction issued by a judge or a court that requires a person to either do or abstain from specific acts. Willfully violating these instructions is a crime in California and is charged as Contempt of Court. If you’re accused of this crime, contact Chambers Law Firm at 714-760-4088 right away for a legal consultation.
What qualifies as Contempt of Court
While not following a court order can be charged as Contempt of Court, there are other acts that can be charged as such. They include:
- Acting disorderly or disruptively during court proceedings;
- Disrespecting an authority of the court;
- Publicizing false or inaccurate reports of court proceedings;
- Breach of peace including load noises;
- Refusing to be sworn in as a witness;
- Refusing to answer important questions after being sworn in;
- Resisting or disobeying a court order including a restraining order.
Requirements to convict a person of Contempt of Court for violating a court order
In order for the prosecution to get a conviction for Contempt of Court for violating a court order, they must prove first that there was not only a court order but that the court order was valid. Next, they must prove that the person it was issued against knew about the court order and what was in it. Finally, they must prove that the person willfully disobeyed it.
Potential penalties for violating a court order
In most cases, Contempt of Court is charged as a misdemeanor and can result in up to six months in jail and fines of up to $1,000. It can also result in three years of informal probation. However, there can be more significant penalties for what’s known as aggravated Criminal Contempt. This includes violating a restraining order for a person who already has a stalking conviction, owning a firearm when denied doing so due to violating a protective order, or violating a protective order that involves elder abuse or domestic violence.
If you are facing charges for violating a court order, or for other criminal charges, then you need the best possible legal representation. That’s what you can expect from Chambers Law Firm. Call us at 714-760-4088 right now for a no-obligation, no cost consultation. We’ll go over the basics of your case and offer our best advice on how you can proceed. Don’t go into this fight without someone on your side. Call us now.
