CA Penal Code 166 – Violating a Court Order

The court system in California uses CA Penal Code Section 166 – Violating a Court Order to bring charges against individuals accused of contempt of court. The court can treat this charge as a misdemeanor or felony, with convictions resulting in fines, incarceration, and other penalties.

You can learn more about this charge and other California penal codes with a skilled legal professional. An attorney can give you the information you’re looking for and work on a defense if you face charges under PC 166.

What Can Lead to CA Penal Code Section 166 – Violating a Court Order Charges

Individuals can face PC 166 charges for many alleged actions that could qualify as “contempt of court.” For example, the court can use this charge against someone who:

• Disobeys a lawful and written order of the court
• Refuses to allow the court to swear them in as a witness
• Refuses to answer material questions when serving as a witness
• Publishes a false account about court proceedings
• Disobeys the terms of any lawful injunction

Individuals can also face this charge if they behave disrespectfully during a court proceeding. Individuals may engage in disrespectful behavior if they:

• Make loud noises
• Breach the peace
• Taunt a court clerk
• Imply that the judge took a bribe

You can learn more about the potential causes for a PC 166 arrest from a criminal defense attorney.

Individuals Can Face Charges for Violating a Range of Court Orders

Violating a direct court order carries harsh penalties. Some of the common types of court orders people often fail to adhere to include:

• Restraining orders
• Child support orders
• Child custody and visitation orders
• Protective orders
• Stay away orders

An attorney can tell you more about all of these court orders. You should know that adults and minors can face these charges.

What’s the Most Common Reason for a PC 166 Charge?

Disobeying a court order represents the most common alleged behavior that results in a CA Penal Code Section 166 – Violating a Court Order arrest. Individuals should only face a conviction under this charge if the prosecution can show that:

• A judge made a legal order
• The accused knew about the order AND
• The accused could follow the order AND
• The accused willfully refused to follow the order

An attorney can discuss your legal options regardless of the inciting incident that resulted in PC 166 allegations.

How Lawyers Defend Against PC 166 Charges

One of the top ways to defend yourself when you face charges for violating a court order under California PC 166 is to challenge the elements of the offense. Your attorney could show that you had no intent to violate a court order, the prosecutor should not move forward with the case against you, or that the court should drop the charges you face entirely. 

It is also possible that someone could make false allegations of court order violations. False accusations may happen in domestic violence cases when one party attempts to get the other in trouble with the law.

Your attorney will carefully consider the specific details of your case to determine which defenses are most likely to result in your acquittal. You can rely on a criminal defense attorney to help you figure out how to clear your name when facing criminal contempt of court charges.

How Lawyers Resolve PC 166 Allegations

Attorneys can use several strategies to help clients facing charges under California Penal Code Section 166 – Violating a Court Order. Depending on the situation, an attorney may focus on:

Getting the Charges Dismissed

The court may dismiss PC 166 charges if your lawyer can show that the prosecution lacks evidence that you carried out a criminal act. You will not face any legal penalties if the court dismisses the charges against you, and you will not have a conviction on your record.

Reducing the Charges

Your attorney may also focus on plea bargaining with the prosecution. A plea bargain allows you to reduce the penalties you face because you accept a less severe charge.

Taking a plea deal will require you to admit fault for another criminal act, so you should always confer with your attorney before taking one of these deals.

Fighting PC 166 Charges in Court

You can also count on your attorney to aggressively fight against CA Penal Code Section 166 – Violating a Court Order charges in the courtroom, representing your best interests, and presenting your case before a judge and jury. 

You do not have to try to take on these serious charges alone. Instead, you can rely on an attorney to provide the personalized support you deserve.

How the Prosecutor Obtains a Conviction

The district attorney can only obtain a guilty verdict for a violation under California PC 166 if they can prove the elements of the offense as follows:

• There was an existing court order.
• The defendant knew there was an existing court order.
• The defendant was capable of following the existing court order.
• The defendant intentionally and willfully violated an existing court order.

It is important to note that failure to follow the sentencing conditions does not constitute an offense under CA Penal Code 166. For example, if you were placed on probation and failed a drug test, you should not be found in violation of a court order.

However, suppose you were issued a restraining order during a domestic violence case and were accused of contacting or attempting to contact the subject of the restraining order. In that case, the prosecution could accuse you of a violation under CA PC 166.

An attorney can give you more information about the specifics of this charge.

Examples of PC 166 Violations

Here are some examples of when charges under California Penal Code 166 might apply:

Let us suppose one party has a protective order taken out against another, and they subsequently cross paths in a public place. Neither party should have charges brought against them for violating a court order since the violation was not intentional or willful.

Alternatively, suppose a man has a protective order against him due to domestic violence allegations. He may choose to contact the subject of the domestic violence protective order in an effort to reconcile the situation.

However, if the order prohibits communication with the subject of the protective order, the man would violate a court order under CA PC 166.

A Lawyer Can Tell You More About Your Specific Situation

It is natural to have concerns about how you will approach your defense when you are charged with violating a court order or believe these charges should not apply. Be sure to discuss these concerns and the circumstances of your case with your criminal defense attorney.

Similar Charges You Could Be Facing

You could face multiple additional charges for criminal offenses in conjunction with a California Penal Code 166 violation. Examples of such charges could include:

• CA Penal Code 273.6 – Violating a Restraining Order 
• CA Penal Code 1203 – Probation and Probation Violations
• CA Penal Code 166.5 – Failure to Pay Spousal or Child Support 
• CA Penal Code 1320 & 1320.5 – Failure to Appear

Your defense lawyer can tell you more about charges for a probation violation, failure to pay child support, and other crimes that could result in fines, jail time, community service, and other penalties.

Criminal Penalties You Can Face for a PC 166 Conviction

Violating a court order is a wobbler offense, which means you could face felony or misdemeanor charges based on the individual details of your case. Some of the factors that may be taken into consideration when determining how the prosecution will handle your charges include:

• Your criminal history
• The type of court order you are accused of violating
• Whether anyone was injured or killed
• Whether you used a deadly weapon

Your defense lawyer can provide you with more information about the specific allegations you face.

Misdemeanor Charge

If you face misdemeanor charges under CA PC 166, you could expect to face one or more of the following penalties:

• Up to one year in a county jail
• Fines up to $1,000
• Summary probation

You do not have to try to face these harsh charges alone. An attorney can get to work on a defense for misdemeanor allegations right away, providing the support that you deserve and potentially helping you avoid a conviction.

Felony Charge

If you face felony charges under California Penal Code 166, the penalties will be more severe. Potential consequences could include:

• Up to three years in a California state prison
• Fines up to $10,000
• Formal probation

If there are aggravating factors present, you will likely face charges at the felony level. Your lawyer will work diligently to get the charges against you reduced to a misdemeanor or lesser offense so you can avoid some of the more severe consequences of a criminal conviction.

Can a Public Defender Help With PC 166 Charges?

If you face charges for a criminal offense, your life can change if you do not take action. Unfortunately, when you go with a public defender, your case may not receive the attention it needs and deserves.

Public defenders are dedicated legal professionals, but they often face incredibly high case loads that can prevent them from providing clients with personalized attention. Instead, you may want to entrust your future to a criminal defense lawyer with the time and resources to dig into the facts of your situation.

How Much Does It Cost to Hire a Lawyer for PC 166 Charges?

The cost to hire a criminal defense lawyer will vary. Each law firm sets its own rates, so you need to speak to the firm you want to work with to find out how much they charge to handle these charges.

Many criminal defense law firms have hourly rates, so the nature of your charges can also impact the costs of hiring a lawyer. You can immediately reach out to a law firm to ask what they charge and to learn more about the specific services they provide to clients in your situation.

How Soon Should You Contact a Lawyer?

You should reach out to an attorney for help as soon as possible after an arrest under PC 166. Getting help quickly can improve your chances of successfully resolving these serious charges in California.

Connect With an Experienced Lawyer for Help Today

Charges under CA Penal Code Section 166 – Violating a Court Order may seem minor, but the consequences of a conviction will affect you for the rest of your life. For this reason, you must be proactive and fight for your freedom. You can work with an experienced lawyer to present a compelling defense strategy.

Our team at Los Angeles DUI Lawyer can further discuss which options are most likely to produce a favorable outcome in your case when you contact our team for a confidential consultation. You can reach us through our online contact form or phone to speak to a professional.

We can help you get in contact with a criminal defense law firm that can handle your charges and provide the support you need during this challenging time.