Criminal procedure: restraining order violation.

Existing law prohibits the intentional and knowing violation of a protective order, as specified. A violation of this prohibition is a misdemeanor. Existing law requires a minimum term of imprisonment if the violation results in physical injury. Existing law also makes a subsequent violation of these provisions after a conviction, as specified, punishable as either a misdemeanor or a felony. This bill would make a violation of this prohibition that involves a protective order between specified parties and that involves the restrained person forcibly entering or trespassing within the residential dwelling, as defined, of the protected party punishable by a fine not exceeding $2,000, or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment, except as specified. By increasing punishment for an existing offense, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.