Trent Reznor, founder of band Nine Inch Nails and noted composer, has filed for a restraining order against his neighbor.
Trent Reznor Gets Restraining Order Against Neighbor
52-year-old Reznor has filed for a restraining order against his neighbor, claiming “there have been a series of escalating and increasingly hostile, threatening, irrational and harassing encounters.” Reznor alleges he has seen his neighbor drunk and half-naked in a Santa hat.
Allegedly, the neighbor across the street, has yelled obscenities at his nanny and children and at one point “erratically raced his black Mustang around our cul-de-sac at high speeds, revving his engine, and saying Satan’s going to get me.”
Apparently the neighbor has been upset over ongoing construction on the rocker’s house. Reznor claims the neighbor told his assistant “she should go back to work and tell the ‘king’ that his neighbors are sick of him and his construction.”
The latest incident happened on January 8 when Reznor and his neighbor got into an argument. Allegedly that argument was over the placement of the musician’s trash cans.
Reznor says his neighbor’s previous erratic behavior has given him reason to fear for the safety and security of his family as well as visitors to his home. He says police recommended that he file for the restraining order against his neighbor.
The restraining order extends protection to Reznor’s family, including his wife and children. As part of the order, the neighbor must stay 10 yards away from Reznor and his property until the formal hearing in February.
Reznor founded Nine Inch Nails in 1988 in Cleveland, OH. and has also contributed as a composer on soundtracks “The Social Network,” “The Girl with the Dragon Tattoo” and “Gone Girl.” He received an Oscar for “The Social Network.”
Restraining Order Violations and Contempt of Court
When a civil court order, such as restraining orders, are violated, this is considered “Contempt of Court.” A violation such as this happens if you intentionally ignore a legal restraining order, also known as a “protective order,” issued by a judge. Under California Penal Code Section 273.6, contempt violations are considered a criminal act, punishable by fines and/or imprisonment.
In order to prove a conviction for violation of a restraining order under Penal Code 273.6, a prosecutor must prove: (1) a judge issued a legal protective order; (2) the defendant was aware of the legal protective order; and (3) the defendant knew they were intentionally violating the legal protective order.
California Restraining Order Violation Penalties
Even though protective order violations are usually considered misdemeanors, the penalties under Penal Code 273.6 can be up to a year in county jail and a fine of as much as $1,000. If convicted of violating a protective order a second time, it can either be charged as a misdemeanor or felony, which includes anywhere from probation and as much as one year in jail, to three years in a state prison and maximum fine as much as $10,000. If the second conviction is within one year of the first, the penalties and fines are greater. If the violation of a protective order results in personal bodily injury, there is also a statutory minimum requirement of 30 days in jail.
California Restraining Order Violation Defenses
Legal defenses that can be used if you are charged with violating a protective restraining order include the following:
1. Lack of Intent: If a person is unaware that a protective order has been issued, and therefore violates it, they cannot be convicted of a violation. An example is if you accidentally have a chance encounter with somebody in a public place or at a social function who has had a protective restraining order issued against you.
2. Lack of Knowledge: To be convicted of a restraining order violation, the court must prove you had knowledge of the protective order. If you are unaware that a protective order has been issued, you cannot be convicted for violating it.
3. False Accusation: A person who has been issued a protected order may falsely accuse you of attempting to contact them in violation of the order. They may also try to arrange a meeting with you in order to make you violate a restraining order. These are some ways a protected person can try to falsely accuse you of violating their protective restraining order.
If you have been accused of violating a protective restraining order, you need the expert legal assistance of Sevens Legal, APC. Schedule a consultation today!
Criminal Defense Attorneys
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San Diego, CA 92103
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