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Domestic Violence 8 min read February 2026

Violating a Restraining Order (PC 273.6): Consequences and Defenses

What happens if you're accused of violating a protective order in California—charges, penalties, and how to defend yourself.

Violating a restraining order is a serious criminal offense in California. Even accidental or seemingly minor violations can result in arrest, jail time, and additional criminal charges. If you're subject to a protective order, understanding exactly what's prohibited—and the consequences of violation—is critical.

What Is PC 273.6?

California Penal Code 273.6 makes it a crime to intentionally and knowingly violate any lawful court order issued under the domestic violence prevention laws. This includes violations of:

Domestic Violence Restraining Orders (DVRO)
Emergency Protective Orders (EPO)
Criminal Protective Orders (CPO)
Civil Harassment Restraining Orders
Elder/Dependent Adult Abuse Orders
Workplace Violence Orders
Gun Violence Restraining Orders (GVRO)
Stay-away orders in criminal cases

Types of Violations

Restraining orders typically prohibit various types of contact and conduct. Common violations include:

Common Restraining Order Violations

Direct Contact
Calling, texting, emailing, or speaking to the protected person
Indirect Contact
Sending messages through friends, family, or third parties
Physical Presence
Going within the prohibited distance (e.g., 100 yards)
Location Violations
Going to protected person's home, work, school, or children's school
Social Media
Contacting through Facebook, Instagram, or other platforms
Property
Damaging, destroying, or taking protected person's property
Firearm Violations
Possessing firearms while subject to a restraining order

The "They Contacted Me First" Trap

One of the most common mistakes: the protected person contacts you, you respond, and YOU get arrested. Even if they initiated contact, you are still bound by the order. The protected person cannot "waive" the order or give you permission to violate it. Only the court can modify the order.

Penalties for PC 273.6

SituationClassificationPenalty
First violation (no violence)MisdemeanorUp to 1 year jail, $1,000 fine
Second violation within 1 yearMisdemeanorMinimum 48 hours jail
Violation with violence/threatWobblerUp to 1 year or 16 mo-3 yr prison
Violation with prior convictionWobblerUp to 1 year or 16 mo-3 yr prison
Violation causing injuryWobblerUp to 1 year or 2-4 yr prison

Additional Consequences

  • Extended order: The protective order may be extended or made permanent
  • Probation violation: If on probation, you face additional penalties
  • Custody impact: Violations severely damage custody/visitation rights
  • Firearm prohibition: Violation adds to existing gun restrictions

Elements Prosecutors Must Prove

To convict you of violating a restraining order, the prosecution must prove:

1

Valid Court Order

A lawful protective order was in effect at the time of the alleged violation

2

Knowledge of the Order

You knew about the restraining order and its terms

3

Intentional Violation

You intentionally violated the order (not accidentally)

4

Ability to Comply

You had the ability to comply with the order but chose not to

Defense Strategies

Lack of Knowledge

You were never properly served with the restraining order or didn't know about specific terms. This is a complete defense—you cannot violate an order you didn't know about.

No Intentional Violation

The contact was accidental or unintentional. For example, encountering the protected person at a random public place you didn't know they'd be at.

Invalid Order

The restraining order itself was defective—improperly issued, expired, or otherwise invalid. An invalid order cannot be violated.

Impossibility

You couldn't comply with the order. For example, if the protected person moved next door to you after the order was issued.

False Accusation

The protected person is lying about the violation—perhaps to gain advantage in custody proceedings or out of spite.

Constitutional Issues

In some cases, overly broad orders may violate First Amendment rights, particularly regarding indirect social media contact.

How to Handle a Restraining Order

If you're subject to a restraining order, protect yourself by following these guidelines:

Best Practices

  • Read and understand every term of the order
  • Keep a copy of the order with you at all times
  • NEVER respond if the protected person contacts you
  • Leave immediately if you accidentally encounter them
  • Document any contact the protected person initiates
  • Work with an attorney to modify unfair terms

Key Takeaways

  • Any intentional contact or proximity violation can result in arrest
  • Even if the protected person contacts you first, responding is still a violation
  • Penalties increase significantly with violence, prior violations, or injuries
  • Lack of knowledge about the order is a complete defense
  • Only the court can modify or terminate a restraining order

Accused of violating a restraining order? The consequences are serious. Get defense representation immediately.

Get a Free Case Evaluation