Violating a Restraining or Protective Order in California
Penal Code 273.6 Defense Lawyer
Violating a restraining or protective order in California is a serious criminal offense.
Under California Penal Code 273.6, a person may be arrested and prosecuted for knowingly and intentionally violating a court-issued order, even if no physical violence occurs.
These cases frequently arise in domestic violence, harassment, and stalking situations—and prosecutors pursue them aggressively. A single violation may result in incarceration, fines, mandatory counseling, firearm restrictions, and a permanent criminal record.
If you have been accused of violating a restraining or protective order in Los Angeles County, early legal intervention is critical.
Cron, Israels & Stark is here to help. Schedule your consultation at (424) 372-3112 or contact us here.
What Is Penal Code 273.6?
Penal Code 273.6 makes it a crime to willfully and knowingly violate the terms of a restraining or protective order issued by a California court.
These orders are designed to protect alleged victims from:
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Physical abuse
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Repeated unwanted contact
A violation does not require violence. Any prohibited contact—including texts, calls, emails, social media messages, or accidental encounters—can trigger arrest.
Common Examples of Restraining Order Violations
Violations under PC 273.6 often include:
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Sending text messages or emails after a no-contact order
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Calling the protected person, even once
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Contact through social media or third parties
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Showing up at the protected person's home, work, or school
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Threatening behavior or intimidating language
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Repeatedly following or monitoring the protected person
Even if the protected person initiates contact, the restrained person can still be arrested.
Types of Restraining and Protective Orders in California
Domestic Violence Restraining Orders (DVRO)
Issued when allegations involve intimate partners, spouses, ex-spouses, co-parents, or dating relationships.
Civil Harassment Restraining Orders
Used when the parties are not intimate partners—such as neighbors, roommates, or acquaintances.
Elder or Dependent Adult Abuse Orders
Protect individuals 65 or older, or adults with disabilities, from elder abuse or exploitation.
Workplace Violence Restraining Orders
Requested by employers to protect employees from threats or violence at work.
Emergency Protective Orders (EPO)
When police respond to a domestic violence call, they may contact a judge and obtain an Emergency Protective Order on the spot.
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Takes effect immediately
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Lasts up to 7 days
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Requires no court hearing at issuance
Police will inform the restrained person verbally, and verbal notice is legally sufficient.
Temporary Restraining Orders (TRO)
After an EPO expires—or when harassment is alleged—a court may issue a Temporary Restraining Order, which:
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Can last up to 3 weeks
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Is issued before a full hearing
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Often appears on background checks
The court then schedules a hearing to determine whether a permanent order should be issued.
Permanent Restraining Orders (PRO)
After a hearing, a judge may issue a Permanent Restraining Order, which:
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Can last up to 3 years
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Can be extended
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Imposes strict conditions
Common restrictions include:
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No contact of any kind
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Stay-away distances
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Mandatory move-out orders
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Payment of restitution or attorney fees
What Must the Prosecutor Prove?
To convict someone under PC 273.6, prosecutors must prove all of the following (CALCRIM 2701):
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A valid court order existed
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The defendant knew about the order
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The defendant willfully violated the order
If any element fails, the charge can be defeated.
Penalties for Violating a Restraining Order
Misdemeanor Violation
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Up to 1 year in county jail
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Fine up to $1,000
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Possible mandatory 30 days in jail if an injury occurred
Felony Violation
A violation becomes a wobbler if:
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There is a prior conviction within 7 years, and
Felony penalties include:
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16 months, 2 years, or 3 years in state prison
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Fine up to $10,000
Firearm Restrictions
If a restraining or protective order is active:
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You cannot own, possess, or purchase firearms
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You must turn in or sell existing firearms
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Attempting to buy a firearm is a new felony offense
Violating firearm restrictions can result in additional prison time.
Related Criminal Charges
Restraining order cases often overlap with:
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Penal Code 136.1 – Witness Intimidation
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Penal Code 422 – Criminal Threats
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Penal Code 646.9 – Stalking
Each charge carries distinct penalties and defenses.
Defenses to Penal Code 273.6 Charges
Effective defenses may include:
Lack of Knowledge
You were never properly notified, nor did you know the order existed.
Lack of Intent
The contact was accidental, unavoidable, or initiated by the protected person.
Invalid Order
The court lacked jurisdiction, or the order was legally defective.
False Allegation
Accusations were made to gain leverage in custody, divorce, or family court disputes.
Why These Cases Must Be Taken Seriously
Restraining order violations are often charged quickly and harshly, with little investigation. Judges and prosecutors view them as public-safety issues, not as technical violations.
A conviction can affect:
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Employment
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Housing
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Firearm rights
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Family court proceedings
Speak With a California Criminal Defense Lawyer
If you have been accused of violating a restraining or protective order under Penal Code 273.6, do not speak to police and do not attempt to contact the protected person.
Early legal intervention can:
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Prevent additional charges
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Challenge the validity of the order
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Minimize penalties
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Protect your record and future
Contact Cron, Israels & Stark in Los Angeles at (424) 372-3112 for a free case evaluation.
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