Is there double jeopardy attached when a defendant is convicted of contempt for violating a restraining order?

California, United States of America


The following excerpt is from People v. Casarez, A123927, A126667, No. 203934 (Cal. App. 2010):

In People v. Kelley, supra, 52 Cal.App.4th 568, the defendant argued that double jeopardy attached when he was convicted of contempt for violating a restraining order that precluded his later prosecution for violating section 646.9. The court stated, "In making this argument, he incorrectly assumes section 646.9 defines the crime of stalking in violation of a restraining order. The section merely defines stalking. The provisions relating to the violation of a restraining order do not define a crime. They merely create a

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