When you are given a court order, it is not a suggestion. A court order is an official proclamation signed by a California judge that requires you, by law, to adhere to the decisions or judgments made and filed. If you fail to comply with your order, you run the risk of facing jail time, criminal charges, and being held and ultimately charged with contempt of court.
However, life happens, and for various reasons, you may have accidentally violated your mandatory court order. If this is the case, it is pertinent you reach out to a knowledgeable criminal defense attorney as quickly as possible. Bernal Law will work with you to help minimize the penalties of your violation and help you reach an outcome that does not have dire consequences for your future.
Understanding Contempt of Court
Court orders look different for everyone and can be issued for a variety of reasons, ranging from a request to testify to an obligation to pay your child support. No matter the specifics of the order, the underlying idea is the same: a judge has made an official decision and you must adhere to the proclamation or be charged with contempt of court. Under California Penal Code 166 PC, you can be charged with contempt of court for the following violations:
- Violating the terms of your court-mandated injunction or restraining order
- Refusing to testify
- Showing up late to your court date
- Refusing to supply evidence
- Refusing to answer a question
If you have a history of prior convictions for violating court orders, your contempt of court charges can be aggravated, and the consequences may be more severe.
Penalties for Violating Your Court Order in California
The penalties for violating your court order can vary depending on the specifics of your order. If you are convicted for contempt of court in California, you can possibly face up to six months in jail and $1,000 in fines.
There are certain exceptions to this violation that will aggravate your charges. For example, if you have a past of violating former court orders, your penalties will be more severe. Other reasons for the exacerbation of your charges include retaining a firearm that violates your order or violating an order of protection in the case of a domestic violence charge. Aggravated charges can result in mandatory jail time of up to 12 months, up to $10,000 in fines, and more.
Just because you have violated your court order does not mean you have to face charges. When you partner with a dedicated criminal defense attorney, you are giving yourself access to someone who will use their expertise and knowledge to defend your rights and your future. Common examples of reasons you may have violated your court order that will result in lessened or dismissed charges include a general unawareness of the order, not having enough time to have learned about the order, the order being unconstitutional, or the order being a direct result of a false accusation.
Consult an Experienced Contempt of Court Attorney Today
Violating your court order in California can directly affect your future and your ability to find employment, secure housing, and more. However, former Deputy District Attorney Pedro Bernal, Esq. of Bernal Law possesses the legal knowledge and compassion necessary to listen to your story and immediately begin building a defense strategy appropriate for your specific circumstances. As a former prosecutor, he knows how the other side thinks and what strategies they use, giving your case the upper hand.
For a free consultation today in either English or Spanish, do not hesitate to reach out to our office at (619) 736-9092 or use our online contact form.