Can a defendant be found guilty of contempt of court for his "willful and knowing violation" of a protective order or stay-away order?

California, United States of America


The following excerpt is from People v. Oronia-Carrillo, F076116 (Cal. App. 2019):

The record shows defendant was served a criminal protective order on October 12, 2016. The order expressly prohibited any contact with A.Q. Nevertheless, on December 23, 2016, he violated the order when he drove to A.Q.'s residential parking lot and asked her to help him retrieve another vehicle. (See 166, subd. (c)(1) ["[A] willful and knowing violation of a protective order or stay-away court order . . . shall constitute contempt of court, a misdemeanor . . . ."]; see also 7, subds. (1), (5) ["The word 'willfully,' when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act . . . . It does not require any intent to violate law, or to injure another, or to acquire any advantage. [] . . . [] . . . The word 'knowingly' imports only a knowledge that the facts exist which bring the act or omission within the provisions of th[e] [Penal] code. It does not require any knowledge of the unlawfulness of such act or omission."].) After A.Q. refused his plea for assistance, she left the scene without incident. Defendant made no attempt to compel A.Q. to stay. (See People v. Bamba (1997) 58 Cal.App.4th 1113, 1123 ["[T]he essential element of false imprisonment is restraint of the person."].)

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