Penal Code 273.6 PC – Violating a Restraining Order in California
Los Angeles Restraining Order Violation Defense Lawyers
A charge for violating a restraining order under California Penal Code 273.6 is a serious criminal offense that can lead to jail time, steep fines, extended protective orders, probation violations, and even felony exposure in repeat or violent cases.
These cases most often arise from domestic violence prosecutions, but they can also involve criminal protective orders (CPOs), stay-away orders, elder abuse orders, and workplace violence orders.
Even minor or accidental contact can trigger an arrest if law enforcement believes a court order was violated.
If you are accused of violating a restraining order in Los Angeles County, early legal intervention is critical.
The criminal defense attorneys at the Hedding Law Firm in Los Angeles are here to help. Schedule your initial consultation at (866) 986-2092 or contact us here.
What Is Penal Code 273.6?
California Penal Code 273.6 makes it a crime to willfully violate any term of a valid court-issued restraining order, protective order, or stay-away order.
Unlike other contempt offenses, violations of protective orders—especially those tied to domestic violence cases—carry enhanced penalties because California law prioritizes alleged victim safety.
Types of Court Orders Covered by PC 273.6
Penal Code 273.6 applies to violations of several types of court orders, including:
Criminal Protective Orders (CPOs)
Issued by a criminal court judge during a domestic violence or violent-crime case. These orders often prohibit:
-
Contact with the alleged victim
-
Coming within a specific distance
-
Harassment, threats, or intimidation
Restraining Orders (Civil Orders)
Issued in civil court, often at the request of an alleged victim. Common types include:
-
Domestic Violence Restraining Orders (DVROs)
-
Elder Abuse Restraining Orders
-
Workplace Violence Restraining Orders
Stay-Away Orders
A form of criminal protective order initiated by a judge, often lasting throughout the criminal case or up to 10 years after sentencing.
Violating any provision—no matter how small—can result in arrest and prosecution.
What Must the Prosecutor Prove?
To secure a conviction under Penal Code 273.6, the district attorney must prove all elements beyond a reasonable doubt, including:
-
A lawful restraining or protective order existed
-
You knew about the order
-
You had an opportunity to read and understand the order
-
You were capable of obeying the order
-
You willfully violated one or more of its terms
“Willfully” means on purpose—not accidentally or unknowingly.
Accidental Contact vs. Willful Violation
Not every encounter qualifies as a crime. Common scenarios that may not constitute a violation include:
-
Incidental or unavoidable public encounters
-
Contact initiated by the protected person
-
Situations where compliance was impossible
However, police often arrest first and investigate later, making defense representation essential.
Peaceful Contact vs. Full Stay-Away Orders
Full Stay-Away Orders
-
No contact of any kind
-
Must remain a specific distance away
-
Common when injuries or threats are alleged
Peaceful Contact Orders
-
Allow limited contact
-
Prohibit violence, threats, stalking, or harassment
-
Often used when parties share children
Violating either type can trigger prosecution under PC 273.6.
Penal Code 273.6 Penalties
Misdemeanor Violation
Most first-time violations are charged as misdemeanors and punishable by:
-
Up to 1 year in county jail
-
Up to $1,000 fine
-
Summary probation
-
Mandatory counseling
-
Extended restraining order
Felony Violation
A violation may be charged as a felony if:
-
There is a prior violation
-
Violence or injury is involved
-
The violation occurs after prior convictions
Felony penalties include:
-
Up to 3 years in state prison
-
Fine up to $10,000
-
Formal probation or prison
Additional Consequences of a Conviction
A PC 273.6 conviction may also result in:
-
Probation violations in other cases
-
Loss of firearm rights
-
Immigration consequences for non-citizens
-
Employment and licensing issues
-
Extended or permanent restraining orders
Crimes Commonly Charged With PC 273.6
Violating a restraining order is often charged alongside:
Each additional charge increases exposure and complexity.
Common Legal Defenses to PC 273.6 Charges
An experienced defense lawyer may raise defenses such as:
Lack of Knowledge
If you were never properly served or notified, you cannot be convicted.
No Willful Violation
Accidental or unavoidable contact does not qualify.
Invalid or Expired Order
Orders must be legally valid and in effect at the time of the alleged violation.
False Allegations
Some accusations arise from anger, jealousy, or custody disputes.
Impossibility of Compliance
Orders that are impossible to obey may be challenged.
Why Early Legal Defense Matters
Restraining order violation cases move quickly and often rely on:
-
Police reports
-
Alleged victim statements
-
Prior domestic violence allegations
Early representation allows your lawyer to:
-
Challenge the service and validity of the order
-
Prevent felony filing
-
Seek dismissal or charge reduction
-
Modify protective order terms
-
Protect your freedom and record
Speak With a Los Angeles Restraining Order Violation Lawyer
If you are accused of violating a restraining order under Penal Code 273.6, do not attempt to explain yourself to law enforcement. Statements made early can severely harm your defense.
Hedding Law Firm has decades of experience defending domestic violence-related charges and restraining order violations throughout Los Angeles County.
📞 Call 866-986-2092 now for a confidential consultation and immediate legal guidance.
Related Content:
