Violating a Restraining or Protective Order – California Penal Code 273.6

California Penal Code 273.6 makes it a crime to intentionally violate the terms of a valid protective order, restraining order, or stay-away order.

These cases most commonly arise in domestic violence prosecutions, but they can also involve workplace violence, elder abuse, stalking, or criminal threats.

California courts treat protective orders seriously. A violation can result in arrest, jail time, fines, probation, and, in some cases, felony charges.

California courts also take domestic violence allegations seriously. A domestic violence restraining order may be issued even if there are no criminal charges or physical injuries.

Our domestic violence legal guide provides clear, helpful information about California's laws. It covers criminal charges, protective orders, penalties, related statutes, legal defenses, examples, and answers to common questions.

If you have been accused of violating a protective order, understanding how the law works — and what defenses may apply — is critical.

Your best hope for a favorable outcome in a probation violation case is with a highly experienced criminal defense attorney at Esfandi Law Group.

To schedule a free consultation, call (310) 274-6529 or contact us here.

What Is Penal Code 273.6?

Penal Code 273.6 prohibits the intentional and knowing violation of a court-issued protective order.

To convict you, prosecutors must prove:

A valid protective order was issued
You were properly served or knew about the order
You had the ability to comply
You willfully violated the order

Willfully means you intentionally committed the act that violated the order. The prosecution does not need to prove you intended harm — only that you deliberately did something you knew was prohibited.

Types of Protective Orders in California

California recognizes several types of protective orders that, if violated, fall under PC 273.6.

Criminal Protective Orders (CPO)

California Penal Code 136.2 PC authorizes courts to issue criminal protective orders, known as CPOs, in cases involving domestic violence, threats, harassment, stalking, sexual assault, child abuse, and related offenses.

Issued in criminal court by a judge, typically in domestic violence cases.

CPOs may include:

Full stay-away orders (no contact)
Peaceful contact orders
No harassment, threats, or stalking

Criminal protective orders often remain in effect while the case is pending and can be extended for 3 to 10 years after conviction.

Although courts can swiftly issue temporary restraining orders based on minimal information, a judge will only approve a final restraining order after examining evidence during a formal hearing.

Civil Restraining Orders

Issued in civil court at the request of an alleged victim.

Common types include:

Domestic Violence Restraining Orders
Workplace Violence Restraining Orders
Elder Abuse Restraining Orders

These orders can last from a few days (emergency order) to up to 5 years.

Full Stay-Away vs. Peaceful Contact Orders

Full Stay-Away Order

Prohibits:

Any contact whatsoever
Physical proximity within a specified distance
Communication by phone, text, email, or social media

Violation can occur even if the alleged protected person initiates contact.

Peaceful Contact Order

Allows limited communication or contact so long as it remains peaceful and non-threatening.

These are often issued when:

The parties share children
They live together
Custody or visitation exchanges must occur

Even peaceful contact orders prohibit harassment, threats, stalking, or violence.

Common Domestic Violence Charges Related to PC 273.6

Violations of protective orders frequently arise alongside other domestic-related charges such as:

Penal Code 243(e)(1) domestic battery
Penal Code 273.5 corporal injury to a spouse
Penal Code 422 criminal threats
Penal Code 646.9 stalking
Penal Code 136.1 witness intimidation
Penal Code 368 elder abuse
Penal Code 273d child abuse

California mainly tackles doxing via California Penal Code 653.2 PC, which makes it a crime to electronically share personal information to threaten or harass someone. If you are facing multiple charges, your exposure increases significantly.

California Penal Code 601 PC defines aggravated trespass as unlawfully entering a home or workplace within 30 days to carry out a credible threat of serious injury, which occurs when someone threatens harm and then enters with intent.

California Penal Code 653.2 PC makes it a crime to use electronic communications to place another person in reasonable fear for their safety or that of their immediate family, also known as cyber harassment.

Penalties for Violating a Protective Order

First Violation

Typically charged as a misdemeanor:

Up to 1 year in county jail
Up to $1,000 fine
Summary probation
Mandatory compliance with the existing order

The protective order remains in effect.

Second or Violent Violation

If violence is involved or you have prior violations, the offense becomes a wobbler.

This means it can be charged as:

A misdemeanor, or
A felony

Felony penalties include:

Up to 3 years in state prison
Fines up to $10,000
Formal probation
Increased restraining order duration

What Counts as a Violation?

Even minor contact can qualify, including:

Sending a text message
Showing up at a shared residence
Driving past the protected person's home
Asking a third party to deliver a message
Responding to a contact initiated by the protected person

The order controls — not the wishes of the alleged victim.

Legal Defenses to Penal Code 273.6

Several strong defenses may apply depending on the circumstances.

Lack of Knowledge

If you were never properly served or did not know about the order, you cannot be convicted.

No Willful Violation

Accidental contact or incidental proximity is not a crime. The prosecution must prove the violation was intentional.

Invalid or Expired Order

If the protective order:

Was not properly issued
Had expired
Was not legally enforceable

You may have a complete defense.

False Allegations

False accusations are common in emotionally charged domestic cases.

Motives may include:

Anger
Revenge
Custody disputes
Immigration leverage

An experienced defense attorney can investigate communications, location data, and witness credibility.

Frequently Asked Questions

Can I go to jail for texting someone who has a restraining order against me?

Yes. Even a single text message can lead to arrest.

What if the protected person contacted me first?

You can still be arrested. Only the court can modify the order.

Can a protective order be modified?

Yes, but only by court order. You cannot privately agree to change it.

Does violating a protective order affect child custody?

Yes. A violation can negatively impact custody and visitation decisions.

Why You Need a Defense Attorney

Protective order violations are aggressively prosecuted in California.

A defense lawyer can:

Review the validity of the order
Challenge service and notice
Examine communications evidence
Negotiate dismissal or reduction
Argue for probation instead of jail
Prevent felony filing

Early intervention can significantly reduce penalties and protect your record.

Take Action Immediately

If you have been arrested or accused of violating a restraining or protective order, do not contact the alleged protected person and do not discuss the case without legal counsel.

These cases move quickly and often involve mandatory arrest policies.

In California, domestic violence cases are considered public records once criminal charges are filed with the court.

Consult with an experienced California criminal defense attorney immediately to protect your rights and evaluate your legal options.

Esfandi Law Group is here to help. Schedule your free consultation at (310) 274-6529 or use the contact form here.

Violate Restraining Order