Penal Code 273.6 PC – Violating a Restraining Order in California
A charge of violating a restraining order under California Penal Code 273.6 PC is a serious criminal offense with life-altering consequences.
A conviction can lead to county jail or state prison time, mandatory counseling programs, severe probation conditions, firearm bans, and immigration risks for non-citizens.
Restraining order allegations frequently arise during volatile domestic disputes, contested divorces, and child custody battles. Because police officers often make arrests based solely on an accuser's word or misconstrued digital messaging, early intervention by experienced criminal defense attorneys is essential.
Legal Definition of Penal Code 273.6 PC
Under California law, Penal Code 273.6 PC defines the criminal offense of intentionally disobeying a lawfully issued protective or restraining order.
Any intentional and knowing violation of a protective order, restraining order, or stay-away order lawfully issued by a court under California law constitutes a crime punishable under Penal Code 273.6 PC.
To secure a conviction under PC 273.6, the prosecution must prove each of the following legal elements beyond a reasonable doubt:
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Lawful Order Issued: A court legally issued a valid protective order, restraining order, or stay-away order against you.
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Knowledge of the Order: You knew about the court order and had a reasonable opportunity to read and understand its terms (usually established via formal service or in-court notice).
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Ability to Comply: You had the physical ability and opportunity to obey the order's provisions.
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Willful Violation: You intentionally and purposefully violated one or more conditions of the order.
Types of Court Orders Covered Under PC 273.6
Penal Code 273.6 applies to a wide range of court-issued protective mandates across civil, family, and criminal court systems:
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Criminal Protective Orders (CPOs): Issued by criminal court judges during domestic violence or felony prosecutions to protect alleged victims and witnesses.
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Domestic Violence Restraining Orders (DVROs): Issued in family or civil court to protect intimate partners, spouses, or cohabitants from alleged abuse or harassment.
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Civil Harassment Restraining Orders (CHROs): Issued to prevent harassment, stalking, or threats between neighbors, roommates, acquaintances, or non-intimate parties.
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Elder or Dependent Adult Abuse Orders: Issued to protect vulnerable adults from physical, financial, or emotional abuse.
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Workplace Violence Restraining Orders: Filed by employers to protect employees from credible threats or violence at a place of business.
Peaceful Contact vs. Full Stay-Away Orders
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Full Stay-Away Orders: Expressly prohibit all forms of direct or indirect communication, including physical proximity, phone calls, text messages, third-party messaging, and social media interactions.
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Peaceful Contact Orders: Allow limited interaction (often for co-parenting or child exchanges) but strictly prohibit threats, harassment, violence, or unlawful behavior. Violating the "peaceful" condition triggers immediate PC 273.6 prosecution.
Penal Code 273.6 PC Penalties and Sentencing
In California, Penal Code 273.6 is a wobbler offense, meaning prosecutors have discretion to file charges as either a misdemeanor or a felony based on prior criminal history and whether the violation involved physical violence or injury.
Misdemeanor Penalties
Standard first-time violations without physical injury are charged as misdemeanors and carry:
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Up to 1 year in county jail
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Fines up to $1,000
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Up to 5 years of summary (informal) probation
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Mandatory completion of a 52-week batterer's intervention program or domestic violence counseling
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Long-term criminal protective orders lasting up to 10 years
Felony Penalties
A violation can be elevated to a felony if you have prior convictions for violating protective orders within 3 to 7 years, or if the violation resulted in physical injury to the protected party:
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16 months, 2 years, or 3 years in California State Prison (or 2, 3, or 4 years if physical injury resulted)
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Fines up to $10,000
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Formal felony probation or state parole supervision
Collateral Consequences
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Firearm Prohibitions: Misdemeanor convictions trigger a 10-year ban on owning or possessing firearms under California law. Felony convictions carry a lifetime ban under state and federal law.
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Immigration Status: Violating a protective order is classified as an explicit deportable offense under federal immigration law, subjecting non-citizens to potential deportation or inadmissibility.
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Probation Violations: If you were on probation when the alleged violation occurred, you face an immediate probation violation hearing and potential execution of suspended jail time.
Common Legal Defenses Against PC 273.6 Charges
Building a strategic legal defense requires challenging the prosecution's evidence and identifying procedural flaws. Key defense strategies include:
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Lack of Knowledge or Improper Notice: If you were never properly served with the restraining order or were unaware of its formal entry, you cannot be convicted of a willful violation.
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Lack of Willful Intent (Accidental Contact): Accidental, brief, or unavoidable contact in a public space (such as bumping into the person at a grocery store or event) does not constitute a intentional violation.
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False Allegations: Accusers sometimes invent or fabricate claims of contact to gain leverage in pending divorce cases or child custody disputes.
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Invalid or Expired Order: If the underlying restraining order was legally defective, lacked jurisdiction, or expired prior to the alleged contact, the charges must be dismissed.
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Impossibility of Compliance: Demonstrating that compliance was physically impossible under the specific circumstances.
Hypothetical Examples
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Accidental Public Encounter: Jordan sees an ex-partner at a crowded shopping mall, immediately turns around, and leaves the building. Result: Jordan did not act willfully or intentionally to contact the protected party, meaning no PC 273.6 violation occurred.
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Fabricated Digital Evidence: During a contentious child custody dispute, an accuser submits edited screenshots showing incoming text messages from a former spouse. Defense investigators subpoena cellular carrier data proving the texts were spoofed from a third-party application. Result: The charges are dismissed due to false allegations.
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Third-Party Miscommunication: A mutual friend mentions a defendant's general well-being to a protected party without the defendant's knowledge or request. Result: Because the defendant did not direct or intend for third-party communication to occur, there is no willful violation.
Related Offenses
Penal Code 273.6 charges are frequently filed alongside or in lieu of other California offenses:
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Penal Code Section |
Offense Title |
Key Connection to PC 273.6 |
| PC 273.5 | Corporal Injury to Spouse or Cohabitant | Physical domestic violence allegations that often trigger temporary protective orders. |
| PC 243(e)(1) | Domestic Battery | Domestic violence battery without visible injury, commonly charged alongside order violations. |
| PC 646.9 | Stalking | Repeated harassing conduct or credible threats that violate existing court orders. |
| PC 422 | Criminal Threats | Threatening death or great bodily injury while subject to an active protective order. |
| PC 653m | Harassing Phone Calls | Using electronic devices or calls to annoy or harass a protected individual. |
| PC 136.1 | Intimidating a Witness | Attempting to prevent a protected victim or witness from reporting a crime or testifying. |
Frequently Asked Questions
What is the main difference between Penal Code 273.6 and Penal Code 166?
Penal Code 273.6 specifically governs violations of protective orders, domestic violence orders, and stay-away orders, carrying enhanced penalties and mandatory counseling requirements. Penal Code 166 PC is a general contempt of court charge used for disobeying broader, non-protective civil court orders.
Can I be charged under PC 273.6 if the protected person contacted me first?
Yes. Under California law, only a judge can alter or cancel a restraining order. Even if the protected party invites you over, sends text messages, or initiates contact, you remain legally bound by the order and can be arrested for responding.
Is violating a restraining order always a felony in California?
No. Most initial PC 273.6 offenses without physical injury are charged as misdemeanors. However, prosecutors will elevate the charge to a felony if the violation resulted in physical injury or if you have prior convictions for violating court orders within the statutory timeframe.
What happens if I accidentally bump into the protected party in public?
Accidental or incidental contact is not a crime because it lacks the required element of "willful" intent. However, to avoid false accusations, you should immediately and discreetly leave the area without interacting with or acknowledging the person.
Can a text message or social media "like" count as a restraining order violation?
Yes. Modern protective orders prohibit all forms of digital communication. Sending a text, direct message, email, or even liking/commenting on a protected person's social media post constitutes a violation of a full stay-away order.
What evidence is used to prove a PC 273.6 violation?
Prosecution evidence typically includes proof of service, police reports, text message records, phone logs, social media printouts, voicemail recordings, eyewitness statements, and security camera footage.
How does a criminal defense attorney contest a restraining order violation?
A criminal defense lawyer contests PC 273.6 charges by investigating the validity of the original order, proving lack of proper service, exposing false accusations or biased motives, establishing lack of willful intent, and presenting exculpatory digital evidence to prosecutors.
Will a conviction for PC 273.6 affect my right to own a gun?
Yes. A misdemeanor conviction under PC 273.6 results in a mandatory 10-year firearm prohibition under California law. A felony conviction results in a lifetime ban on owning, purchasing, or possessing firearms under state and federal law.
Speak With a Los Angeles Restraining Order Violation Lawyer
If you or a loved one face allegations under Penal Code 273.6 PC, do not attempt to clear up the situation by speaking with law enforcement or contacting the protected person. Unadvised statements made to police can severely damage your legal defense.
The legal team at Hedding Law Firm brings decades of hands-on defense experience navigating Los Angeles County courthouses. We work aggressively to challenge improper service, demonstrate lack of intent, seek charge reductions, or secure full case dismissals.
Contact the Hedding Law Firm today for a confidential, immediate case evaluation.
