Violating a Restraining Order (Penal Code § 273.6) in California
Violating a Restraining Order Can Lead to Jail Time, Fines, and Lasting Consequences.
Restraining orders—sometimes called protective orders—are court-issued orders meant to protect an individual from harassment, threats, or abuse. In California, intentionally and knowingly violating a restraining order is a crime under Penal Code § 273.6.
What many people don’t realize is how easy it can be to face allegations of violating such an order. A phone call, a text message, showing up in a place where the protected person happens to be, or even indirect contact through a third party can be enough for the prosecution to move forward with charges.
At The Nieves Law Firm, we represent clients accused of violating restraining orders, often in situations involving misunderstandings, accidental contact, or disputes within family and domestic relationships. Here’s what you need to know about the law, the potential penalties, and the defenses that may be available.
What Does Penal Code § 273.6 Prohibit?
California Penal Code § 273.6 makes it a crime to intentionally and knowingly violate the terms of a protective order.
Protective orders may be issued in several contexts, including:
- Family law restraining orders under the Family Code (e.g., domestic violence restraining orders)
- Civil harassment restraining orders under the Code of Civil Procedure
- Workplace violence restraining orders
- Elder or dependent adult abuse restraining orders under the Welfare and Institutions Code
- Criminal protective orders issued as part of a pending criminal case
The statute applies broadly to any valid order recognized by California courts, including out-of-state orders enforceable under the Family Code.
What Counts as a Violation?
Violations can take many forms, including:
- Contacting the protected person by phone, text, email, or social media
- Showing up at their home, workplace, or other protected location
- Attempting to communicate indirectly through a third party
- Possessing firearms while subject to a protective order
- Any conduct the restraining order specifically prohibits (such as harassment or threats)
The prosecution must prove that you knew about the restraining order and willfully violated it. Accidental contact or not being aware of the order may serve as defenses.
Penalties for Violating a Restraining Order
Violations of PC § 273.6 are typically charged as misdemeanors, but penalties increase if there are injuries, repeat violations, or aggravating factors.
Misdemeanor Penalties (PC § 273.6(a))
- Up to 1 year in county jail
- Fines of up to $1,000
- Probation and mandatory counseling programs
- Restitution to the victim for counseling or related expenses
Violation Resulting in Injury (PC § 273.6(b))
If the violation causes physical injury, penalties increase:
- 30 days to 1 year in county jail
- Fines of up to $2,000
- The court may reduce the minimum jail term to 48 hours in certain cases
Repeat Offenses (PC § 273.6(d)–(e))
- A subsequent conviction within 7 years involving violence or credible threats can result in up to 1 year in county jail or felony sentencing under PC § 1170(h).
- If the repeat offense results in physical injury, the minimum jail term increases to 6 months (though it can be reduced to 30 days in some cases).
Firearm Prohibition (PC § 273.6(g))
Anyone subject to a restraining order is generally prohibited from owning, purchasing, or possessing a firearm. Violating this restriction can result in additional felony charges under PC § 29825.
Factors Courts Consider
In deciding penalties, judges may look at:
- The seriousness of the violation
- Whether the violation caused injury
- The likelihood of future violations
- Whether the accused has prior violations
- Whether the accused is participating in counseling or intervention programs
- The ongoing safety of the protected person
Legal Defenses to Violating a Restraining Order
At The Nieves Law Firm, we know that not every alleged violation is intentional or even clear. Common defenses include:
1. Lack of Knowledge of the Order
You cannot be convicted unless you were properly notified of the restraining order. If you were never served or made aware of it, you may not be guilty of willful violation.
2. No Willful Violation
The statute requires intent. Accidental contact, such as running into the protected person in public without prior planning, may not qualify as a violation.
3. False Allegations
Restraining orders often arise from contentious personal or family disputes. False or exaggerated claims are not uncommon, and credibility issues can be raised.
4. Insufficient Evidence
The prosecution must prove beyond a reasonable doubt that you knowingly and intentionally violated the order. If evidence is weak or circumstantial, the charge can be challenged.
5. Invalid or Expired Order
If the restraining order was not lawfully issued, or if it expired before the alleged violation, there may be grounds for dismissal.
Why These Charges Should Be Taken Seriously
A restraining order violation may be classified as a misdemeanor, but the consequences extend far beyond fines and short jail terms. A conviction can:
- Create a permanent criminal record that impacts employment and housing
- Affect child custody or visitation rights in family court
- Lead to immigration consequences for noncitizens
- Escalate quickly into felony charges if there are repeat violations or injuries
Because these cases often arise in emotionally charged circumstances, prosecutors and judges tend to treat them with caution and severity.
How The Nieves Law Firm Can Help
We understand that restraining order violations often happen in complicated contexts—ongoing family disputes, custody battles, or strained relationships. In many cases, what the prosecution sees as a violation is far less clear when all the facts are reviewed.
- We examine the circumstances of the alleged violation, including timing, intent, and context.
- We investigate service records and whether you were properly notified of the order.
- We challenge weak or uncorroborated allegations.
- We work toward reducing charges, negotiating alternatives to jail, or obtaining dismissals where possible.
Accused of Violating a Restraining Order? Take the Next Step Today.
If you’re facing charges under Penal Code § 273.6 for allegedly violating a restraining order, you may feel trapped in a situation where any action—or even inaction—leads to more legal trouble. But you still have rights, and a strong legal defense can make a difference.
Call The Nieves Law Firm today or request a consultation online. We’ll review your case, explain your options, and help you protect your future.
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Author Bio
Jo-Anna Nieves is the Founder and Managing Attorney of The Nieves Law Firm, an Oakland criminal defense law firm she created in 2012. With more than 11 years of experience in criminal defense, she has zealously represented clients in a wide range of legal matters, including DUIs, domestic violence, expungement, federal crimes, juvenile law, motions to vacate, sex crimes, violent crimes, and other criminal charges.
Jo-Anna has received numerous accolades for her work, including being named a Super Lawyer Rising Star the past 9 years, the #12 Fastest Growing Law Firm in the U.S. by Law Firm 500 in 2019, and one of the fastest growing companies in the U.S. by Inc 5000 in 2023 and 2024.