What Is a Restraining Order Violation Under Penal Code 273.6?
The rationale behind restraining and protective orders is to protect people who have been abused, or threatened with abuse. Restraining orders are not, by themselves, a criminal charge or penalty, and having a restraining order made against you does not result in a criminal conviction. However, it is an offense under Penal Code 273.6 to violate the terms of a restraining order. In cases where the DA has filed criminal charges, they will often seek a criminal protective order, sometimes known as a ‘stay-away’ order.
Unfortunately, restraining or protective orders can sometimes be imposed regardless of whether the alleged victim requests one or not. Criminal judges will often make an order with little regard for whether the victim feels it is needed, but the domestic violence defense attorneys with Summit Defense will work to avoid the imposition of restraining orders wherever possible.
Understanding Restraining and Protective Orders in California
There are several different kinds of restraining and protective orders that a court can make, but in domestic violence cases ‘domestic violence restraining orders’ are most commonly used. These orders can be made pursuant to Division 10 of the California Family Code – otherwise known as the Domestic Violence Protection Act.
This law aims “to prevent the recurrence of acts of violence and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence.” It gives the courts the power to issue orders to protect people who allege that they have been subject to a recent incident of violence, or a threat of violence, from someone that they are in a domestic relationship with. There are three types of domestic violence restraining orders.
Types of Restraining and Protective Orders in California
Different types of orders create different restrictions or have different durations. Your restraining order defense attorney can help you understand the kind of order placed against you, and help you fight against any allegations that you violated it.
Emergency Restraining Orders
These are orders that the police can obtain at short notice, by calling a judge. The judge authorizes the order over the phone, and they can be made 24 hours a day.
Emergency restraining orders begin immediately, and they can last for up to seven days. These orders can include provisions that the alleged abusive person leave the home, or stay away from the alleged victim and any children. The aim of an emergency restraining order is to give the alleged victim time to go to court and properly file for a temporary restraining order, or to give the police time to investigate a matter before a criminal protective order is made.
Temporary Restraining Orders
These are orders that are in place between the time that someone applies for a restraining order, but before a full hearing is held. So, when someone goes to court to request that a restraining order be made, if the judge believes that temporary protection is warranted, they will make a temporary order.
Temporary restraining orders usually last between 20 and 25 days – that is, until the final court hearing date for the permanent order. In criminal cases, temporary orders can also be made until there is a final determination of the charges against the defendant.
'Permanent' Restraining Orders
These orders are made once there has been a court hearing. If the person requesting the order satisfies the judge that hears the case that protection is needed, the judge can make a permanent order that lasts up to three years. At the end of that time, the order will lapse – unless the person seeking protection applies for it to be extended, and goes through another hearing to determine if an order is still warranted.
Criminal Protective Orders
In cases where criminal charges have been filed against a defendant, the Prosecutor will usually also request a criminal protective order, sometimes also known as a ‘stay away’ order. Even if the DA does not make such a request, judges can decide to issue an order on their own volition.
Criminal protective orders operate in virtually the same way as restraining orders, and run alongside a criminal case. They usually remain temporary while the case is progressing, and can be made ‘permanent’ if the defendant is found guilty.
What Is a Civil Restraining Order in California?
Even if there is no criminal case pending, a person can still apply for a civil restraining order against someone with whom they are in a domestic relationship. These orders are made by the Family Court, and are often seen in the context of divorce cases. They can cover situations where the person is alleging violence and threats, or where they allege harassment. Again, these orders do not represent a criminal conviction – but violating an existing order is an offense.
Who Is Covered by a Restraining or Protective Order in California?
Domestic violence restraining orders, and criminal protective orders, apply to people who are in close domestic or family relationships. In California, these orders can be made in relation to people who are:
- married or registered domestic partners;
- divorced or separated;
- dating or used to date;
- lived together, or used to live together – that is, ‘cohabitants’;
- parents together of a child;
- otherwise closely related – for example, siblings, grandparents, in-laws.
Parents can also apply for orders on behalf of their children, and children over twelve years of age can apply for their own orders.
What Are the Consequences of a Restraining Order Against You?
Restraining and protective orders are court orders and, as such, must be taken seriously – criminal charges will be filed against a person who violates an order.
By making an order, the court can order you to:
- not contact or go near you spouse, your children, other relatives, or other people who live with you;
- move out of your house;
- give up your gun;
- follow child custody and visitation orders;
- pay child support;
- pay spousal or partner support;
- stay away from your pets
- pay certain bills; and
- release or return certain property, usually to the protected person.
How Our Bay Area Restraining Order Violation Lawyers Can Help
In cases where the parties want to remain in contact with one another, we are usually able to persuade the judge to grant what is known as a ‘peaceful contact order’. This restrains the person from being violent or threatening the protected person, but it can still allow the person to live in the home and keeps the family together.
We understand that the usual restraining and protective orders can make day-to-day life very difficult, and can cause families great pain – that’s why we will always work to make sure that any orders made in your case are ones that you can live with. We will also aggressively defend any criminal charges against you, so as you are not subject to the additional ‘penalty’ of having a permanent order made against you that is available as a matter of public record.
Can a Restraining Order Violation Affect Your Immigration Status?
Yes, a restraining order can affect your immigration status. If someone has applied for a restraining order against you, or you are already subject to an order, you should contact Summit Defense Attorneys and speak to our criminal immigration defense attorney immediately. Even though a restraining order is not a criminal charge, an order can still affect your immigration status if you are on a visa, trying to get legal papers, or applying for a green card. We will develop a strategy that protects your immigration status, and aggressively defend any criminal charges against you.
Can a Restraining Order Be Issued Even If the Protected Person Doesn’t Want One?
Yes, a restraining order can still be made, despite what the alleged victim wants, and regardless of whether the parties have sorted out their differences. The DA can apply for an order if there are criminal charges pending, and a judge can make an order of their own volition.
If you have reconciled with your partner, or if the alleged victim does not want an order made, your best chance of avoiding the imposition of an order – or of having a less restrictive order made – is to have an attorney from Summit Defense in court for you.
When the judge is considering whether to make an order or not, and what the terms of the order should be, we can make sure that they hear all of the facts from your side, and present your relationship in the best light.
We are often successful in having ‘peaceful contact’ orders granted, even in cases where criminal charges are pending. This gives our clients the best chance of being able to get on with their day-to-day lives, and to maintain their family relationships.
Can a Restraining Order Be Lifted or Dropped in California?
When an order is made in the context of criminal proceedings, the only person who can decide what happens to the order is the judge. If the order is not final, however, there are steps your attorney can take to make a difference.
Every case is different, but if you or your partner is unhappy with the order, or the terms of the order, you should contact a Summit Defense Attorneys to discuss how we can assist in your case.
What Happens If You Contact the Protected Person and Violate a Restraining Order?
If the order made against you prohibits you from contacting or communicating with the protected person, then you must obey that order. If you violate the restraining order, and the police are informed, then they will charge you with an offense.
We outline the elements of the offense of violating a restraining order in more detail, above. If you do need to contact your partner, or if you and your partner think that the order in place is too restrictive, you should contact an attorney for assistance – we can speak to your partner on your behalf, and depending on whether the order is temporary or not, we may be able to ask the judge to impose a peaceful contact order so you and your partner can still speak to and see each other.
What Must the Prosecution Prove in a PC 273.6 Restraining Order Violation Case?
In many domestic violence cases, the police or a judge may issue a restraining or protective order against the alleged aggressor. Having an order issued against you is not, by itself, a criminal charge. However, if the order is violated, then a criminal offense may have been committed, even if the violation was inadvertent or unintentional.
When the Prosecutor alleges a violation of a restraining or protective order under Penal Code 273.6, they must prove several elements beyond a reasonable doubt. Specifically, they must show that a court lawfully issued a written order against you, that the order was the type covered by the statute, that you knew about it, that you were able to follow it, and that you willfully violated its terms.
A Lawful Written Restraining or Protective Order Existed
This offense depends on the existence of a valid order. The Prosecutor must prove that, at the time of the alleged violation, a lawful written protective or restraining order was actually in place.
The Order Was the Type Covered by Penal Code 273.6
Not every court order qualifies. Penal Code 273.6 generally applies to protective or stay-away orders issued in connection with domestic violence or situations involving a domestic relationship. The Prosecutor must prove the order falls within the type addressed by this law.
You Knew About the Restraining Order
The Prosecutor must also prove that you were aware of the order and had the opportunity to read and understand it. For example, if an order was issued but you were never informed of it, you cannot be found guilty of violating it.
You Were Able to Comply with the Order
In addition to knowledge, the Prosecutor must show you had the ability to follow the order. This is rarely disputed, but it can arise in unusual situations, such as where a defendant suffers from a mental impairment affecting their ability to control their actions.
You Intentionally Violated the Restraining Order
Finally, the Prosecutor must prove the violation was willful, meaning it was done on purpose rather than by accident.
For instance, if an order prohibits contacting someone and you repeatedly call or text them anyway, that may qualify as an intentional violation. But accidental contact is different. If you unexpectedly run into the protected person in a public place without seeking them out, that is not necessarily a willful violation.
More Serious Restraining Order Violations: Injury or Violence
A violation can become more serious if the Prosecutor claims the conduct caused physical injury to a spouse or cohabitant under Penal Code 273.6(b).” . Even minor injuries, such as bruising or broken skin, may be enough.
The charge may also be enhanced under Penal Code 273.6(d) if the Prosecutor alleges the violation involved an act of violence or a credible threat of violence. Violence does not always require actual injury, and a threat may qualify if it would reasonably cause fear for safety.
What Evidence Can Be Used to Prove a Restraining Order Violation?
To prove the required elements above, prosecutors rely on many different forms of evidence. The specific evidence will depend on the alleged violation, such as prohibited contact, coming too close, threats, or physical harm.
In most cases, the Prosecutor will introduce the protective order itself, along with records showing that you were notified of it and understood its restrictions. They may also use communications, witness accounts, police documentation, or other records to argue that the violation was intentional rather than accidental.
Common types of evidence include:
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The written protective or restraining order, showing the restrictions that applied
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Proof that you knew about the order, such as court records, service documents, or acknowledgments
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Phone records, text messages, emails, voicemails, or social media messages showing prohibited contact
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Testimony from the protected person, bystanders, family members, or responding officers
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Police reports, 911 recordings, and body camera footage
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Surveillance video, photographs, GPS data, or electronic monitoring evidence in proximity-based cases
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Medical records or injury photographs if physical harm is alleged
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Evidence of threats or violent conduct, including recorded statements or property damage
The Prosecutor cannot convict you simply by showing that contact occurred. They must prove beyond a reasonable doubt that a valid protective order existed, that you knew about it, that you were able to comply, and that you intentionally violated its terms.
Restraining Order Violation FAQ – California PC 273.6
What are the penalties for violating a restraining order in California?
Violating a restraining order under Penal Code 273.6 is typically charged as a misdemeanor, punishable by up to one year in county jail, a fine of up to $1,000, and mandatory probation. However, if the violation involved violence or caused physical injury, the charge can be elevated to a felony with up to three years in state prison. A second or subsequent violation within seven years can also be charged as a felony. Additional consequences may include a permanent criminal record, immigration complications, and loss of firearm rights.
Can I go to jail for accidentally violating a restraining order?
To be convicted of violating a restraining order under PC 273.6, the prosecution must prove that the violation was willful, meaning you intentionally did something prohibited by the order. Accidental or unintentional contact may be a valid defense. For example, if you encountered the protected person at a public location by coincidence, or if a third party facilitated contact without your knowledge, these circumstances could support your defense. An experienced restraining order violation attorney can evaluate the facts of your case and build a defense strategy.
What defenses are available against a restraining order violation charge?
Common defenses against a PC 273.6 charge include: lack of knowledge of the order (you were never properly served), the violation was not willful or intentional, the order was not lawfully issued, you were unable to comply due to circumstances beyond your control, or false accusations by the protected party. In many cases, the alleged victim may have initiated contact or the evidence may not clearly show a violation occurred. A skilled defense attorney can challenge the prosecution’s evidence and work to get charges reduced or dismissed.
Will a restraining order violation affect my criminal record?
Yes. A conviction for violating a restraining order will appear on your criminal record and can be found in background checks. This can affect employment, housing, professional licensing, and immigration status. However, depending on the circumstances of your case, it may be possible to have a misdemeanor conviction expunged under Penal Code 1203.4 after completing probation. Contact our attorneys to discuss your options for protecting your record.
How much does it cost to hire a restraining order violation lawyer in the Bay Area?
The cost of hiring a defense attorney for a restraining order violation case varies depending on the complexity of the charges, whether it is charged as a misdemeanor or felony, and the specific circumstances involved. At Summit Defense, we offer free, confidential consultations so you can understand your legal options before making any financial commitment. Contact us today to discuss your case at no cost.
Accused of Violating a Restraining Order in California? Get Help Now.
A restraining order violation charge can carry serious consequences, including jail time, heavy fines, and a permanent criminal record. Whether you are facing a misdemeanor or felony charge under Penal Code 273.6, the experienced defense attorneys at Summit Defense are ready to fight for you. We serve clients throughout the Bay Area, including San Jose, San Francisco, Oakland, Redwood City, Burlingame, Pleasanton, San Rafael, and Sacramento. Call us today at 866-504-2922 for a free, confidential consultation—available 24/7.
