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Existing law generally punishes the willful disobedience of a court order as contempt of court by imprisonment in a county jail for a term not exceeding 6 months, a fine not exceeding $1,000, or both that imprisonment and fine. Existing law makes the willful and knowing violation of specified protective orders or stay-away court orders punishable by imprisonment in a county jail for not more than one year, by a fine of not more than $1,000, or by both that imprisonment and fine for a first offense, and makes a 2nd or subsequent conviction for a violation of these specified protective orders or stay-away court orders occurring within 7 years of a prior conviction and involving an act of violence or credible threat of violence punishable as either a misdemeanor or a felony. If a violation of specified protective orders or stay-away court orders results in a physical injury, the individual is required to be in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence suspended.
Existing law generally authorizes a court to issue an order for the protection of certain persons, including, among others, the victims of domestic violence. Existing law prohibits the intentional and knowing violation of a protective order, as specified, and makes a violation of these provisions a misdemeanor. Existing law also makes a subsequent violation of these provisions after a conviction, as specified, punishable as either a misdemeanor or a felony.
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