A court ruling can apply to any instruction, ruling, or direction given by a court or a judge. It either requires a person to take a specific action or it insists that they abstain from taking certain actions. Willfully violating a court order is a crime in the state of California. It is charged as Contempt of Court and it is a serious charge. If you are facing this or other criminal charges then we encourage you to contact Chambers Law Firm at 714-760-4088 right away for a consultation.
What does California law say about Contempt of Court?
California Penal Code Section 166 defines and lays out Contempt of Court. It notes that it includes disorderly or disruptive behavior during court, publicizing anything that’s false or grossly inaccurate about court proceedings, a breach of the peace such as loud noises, refusing to be sworn as witness, refusal to answer questions as a witness, and resisting a court order (such as violating a restraining order).
The prosecution must work hard to get a guilty verdict for Contempt of Court
In order for the prosecution to get a conviction, they have quite a few things to prove. First, they must prove that the order in question was valid and legal. Second, they must prove that the person who allegedly was in contempt of court knew about the order and understood it. Finally, they must prove that the person still went ahead and willfully disobeyed the court order. If we can prove just one of these false then we can get an acquittal.
Potential penalties for violating court orders
If you are charged with Criminal contempt then you will likely be charged with a misdemeanor that comes with a maximum of six months in jail and fines of up to $1,000. It can also come with three years of informal probation.
If you are charged with Aggravated Criminal Contempt, which may be the case if you violated a restraining order and have a prior conviction for stalking, you owned or bought a firearm even though a protective order prevented it, or you otherwise violated a protective order in an elder abuse or domestic violence case. These types of cases can be charged as either felonies or misdemeanors. If convicted of felony criminal contempt, you could be facing three years in prison. If convicted of a misdemeanor, the maximum punishment is a year in county jail and three years of probation.
An experienced attorney can help you fight these and other charges
It is often the case that a charge of Contempt of Court comes with additional charges. No matter how simple or complicated your case is, you need the help of an experienced criminal defense attorney. You have found that in Chambers Law Firm. Contact us today at 714-760-4088 for your free legal consultation.
