2702. Violation of Court Order: Protective Order or Stay Away - Physical Injury
If you find the defendant guilty of violating a court order, you must then decide whether the People have proved that the defendant's conduct resulted in physical injury to another person.
The People have the burden of proving this allegation beyond a reasonable doubt. If the People have not met this burden, you must find that this allegation has not been proved.
If the prosecution alleges that the defendant's violation of the court order resulted in physical injury, the court has a sua sponte duty to instruct on this sentencing factor.
This instruction must be given with CALCRIM No. 2701, Violation of Court Order: Protective Order or Stay Away.
The court must provide the jury with a verdict form on which the jury will indicate if the prosecution has or has not been proved the allegation.
Elements. Pen. Code, §§ 166(c)(2), 273.6(b).
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Governmental Authority, § 30.
1 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 11, Arrest, § 11.02 (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes Against the Person, § 142.13 (Matthew Bender).
(New January 2006)