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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I have a restraining order against me til 2009 of april 26th.

Customer Question

I have a restraining order against me til 2009 of april 26th. The plantiff fill a alleging a violation of Section 166.4 of the CA Penal Code. I am going to be arrainged in a month. What do I do now?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.

hi

 

you have a violation of the restraining order - as the law you cite reads

 

(4) Willful disobedience of the terms as written of any process or
court order or out-of-state court order, lawfully issued by any
court, including orders pending trial.

 

and 166 further reads

 

(b) (1) Any person who is guilty of contempt of court under
paragraph (4) of subdivision (a) by willfully contacting a victim by
phone or mail, or directly, and who has been previously convicted of
a violation of Section 646.9 shall be punished by imprisonment in a
county jail for not more than one year, by a fine of five thousand
dollars ($5,000), or by both that fine and imprisonment.

 

(c) (1) Notwithstanding paragraph (4) of subdivision (a), any
willful and knowing violation of any protective order or stay away
court order issued pursuant to Section 136.2, in a pending criminal
proceeding involving domestic violence, as defined in Section 13700,
or issued as a condition of probation after a conviction in a
criminal proceeding involving domestic violence, as defined in
Section 13700, or that is an order described in paragraph (3), shall
constitute contempt of court, a misdemeanor, punishable by
imprisonment in a county jail for not more than one year, by a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.

 

what you will need to do is know exactly when the violation is being alledged and try to show that it is impossible because you were not available at that time. you can file your appearance pro se and request that information for the DA or you can consult with an attorney in your area to represent you and they can get it through Discovery and work a defense based on what is stated

 

 

Customer: replied 8 years ago.
Which of these strategies is the one you would advise?
Expert:  Samuel II replied 8 years ago.

hi

 

i cannot give advice - only guidance and that is why i presented both options to you.

Samuel II and 3 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.

I want to know if past record of 25 years ago affects this case

 

Customer: replied 8 years ago.

It is a separate case with out these people

Customer: replied 8 years ago.

How do I pay the $30 for the answer? Please assist