Violating a Restraining or Protective Order (Penal Code § 273.6)

A restraining order—also called a protective or stay‑away order—is a court directive that prohibits a person from contacting or approaching a protected individual. Violating such an order is a crime under California Penal Code § 273.6. Because protective orders are usually issued in the context of domestic violence, stalking or harassment cases, courts and prosecutors take violations very seriously. This article explains what the prosecution must prove, the potential penalties, common defenses, and how experienced counsel can help.

What Constitutes a Violation?

Section 273.6 makes it a misdemeanor for any person subject to a lawful protective order to intentionally and knowingly violate the order’s terms. The statute covers protective orders issued in a wide variety of contexts—domestic violence restraining orders, civil harassment orders, elder‑abuse protective orders and workplace violence orders.

Elements the Prosecution Must Prove

California’s jury instruction CALCRIM 2701 and case law require prosecutors to establish the following elements beyond a reasonable doubt:

  1. A court lawfully issued a written protective or stay‑away order.
  2. The order was a valid protective order. Not all court orders qualify; the order must restrain contact or behavior.
  3. The defendant knew of the order. Merely having an opportunity to read the order is sufficient; actual reading is not required.
  4. The defendant had the ability to comply with the order. For instance, if the order prohibits contact within 100 yards, the defendant must be physically able to avoid the protected person.
  5. Willful violation. The defendant intentionally violated the order. Accidental encounters (e.g., running into the protected person at a store with no prior knowledge) are not willful.

If any of these elements cannot be proved beyond a reasonable doubt, for example, if the defendant never received notice of the order, the case should be dismissed.

Penalties for Violating § 273.6

First‑Time Violations

  • Misdemeanor: A first conviction under § 273.6 is a misdemeanor punishable by up to one year in county jail and/or a fine of up to $1,000. Courts often impose counseling and domestic‑violence classes as a condition of probation.

Second Violations or Violations Involving Violence

  • Wobbler: A second conviction within seven years that involves violence, threats of violence or injury elevates the charge to a wobbler—prosecutors may file it as a misdemeanor or a felony. As a felony, the offense carries up to 16 months, 2 or 3 years in county jail and a fine up to $10,000.

Other consequences include mandatory protective orders, loss of firearm rights (for felonies), and potential immigration consequences if the violation is coupled with a domestic violence conviction.

Defenses to Protective‑Order Violations

Defending against a § 273.6 charge requires a detailed evaluation of the order and the circumstances of the alleged violation. Common defenses include:

  • Order not valid. The defense can argue that the protective order was issued without proper legal authority or did not meet statutory requirements. An invalid order cannot be enforced.
  • Lack of knowledge. If the defendant was never properly served or notified of the order, they are not legally obligated to comply.
  • No willful violation. Accidental or incidental contact—such as unexpectedly seeing the protected person in public—does not satisfy the willfulness requirement.
  • False accusation/mistaken identity. In cases involving electronic communication or indirect contact, the defense may show that someone else sent the message or that the protected person misidentified the defendant. Evidence such as phone records and witness testimony can be critical.
  • Constitutional issues. Occasionally, the terms of a protective order may violate the defendant’s constitutional rights (e.g., vague provisions that restrict lawful speech). Challenging overbroad provisions can sometimes lead to dismissal or modification.

Violating a protective order frequently occurs alongside other criminal charges. Domestic violence offenses (such as domestic battery under § 243(e)(1) and corporal injury under § 273.5) often lead courts to issue protective orders in the first place. Violations may also accompany stalking (§ 646.9), criminal threats (§ 422) or elder abuse (§ 368), depending on the facts.

A conviction for violating a restraining order will appear on criminal background checks. Misdemeanor convictions are typically eligible for expungement after probation, but felony convictions result in lifetime firearm prohibitions.

Why Retain Radford & Rome, LLP?

Violating a protective order may seem straightforward, but cases often hinge on technical details such as service of the order and the meaning of “contact.” At Radford & Rome, LLP, our attorneys are former prosecutors who understand how domestic violence units investigate and charge these cases. We use our experience to challenge the prosecution’s evidence, negotiate reductions and, when necessary, fight for acquittals at trial.

We serve clients throughout Southern California from our Los Angeles base, representing individuals in Los Angeles, Orange, Riverside, San Bernardino, Ventura and surrounding counties. If you have been accused of violating a restraining order, call us for a confidential consultation. We can explain your rights, evaluate potential defenses and help you protect your freedom and future.