California Penal Code 422.77 – (a) Any willful and knowing violation of any order issued …
(a) Any willful and knowing violation of any order issued pursuant to subdivision (b) or (c) of § 52.1 of the Civil Code shall be a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.
(b) A person who has previously been convicted one or more times of violating an order issued pursuant to subdivision (b) or (c) of § 52.1 of the Civil Code upon charges separately brought and tried shall be imprisoned in the county jail for not more than one year. Subject to the discretion of the court, the prosecution shall have the opportunity to present witnesses and relevant evidence at the time of the sentencing of a defendant pursuant to this subdivision.
Terms Used In California Penal Code 422.77
- county: includes "city and county". See California Penal Code 7
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: includes a corporation as well as a natural person. See California Penal Code 7
(c) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders issued pursuant to § 52.1 of the Civil Code.
(d) The court may order a defendant who is convicted of a hate crime to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than their hours of employment or school attendance.
(Amended by Stats. 2021, Ch. 434, Sec. 3. (SB 827) Effective January 1, 2022.)