Violation of a Restraining or Protective Order in California

California Penal Code § 273.6

Violating a restraining order or criminal protective order in California is a serious criminal offense that can result in immediate arrest, additional charges, and severe penalties. These cases most commonly arise in domestic violence matters, but they can also stem from civil harassment, stalking, or family law disputes.

Under California Penal Code § 273.6, any willful violation of a court-issued protective or restraining order is a crime—even if the protected person initiates contact or appears to consent.

If you are accused of violating a restraining or protective order in Los Angeles County, you need experienced legal representation immediately. A violation can drastically complicate your existing case and expose you to jail time.

The Hedding Law Firm is here to help. Schedule your consultation at (866) 986-2092 or contact us here. 

What Is Penal Code § 273.6?

California Penal Code § 273.6 makes it illegal to knowingly and willfully violate the terms of a court-issued restraining order, protective order, or stay-away order.

These orders commonly prohibit:

  • Direct contact (calls, texts, emails)

  • Indirect contact through third parties

  • Coming within a specified distance (often 100 yards)

  • Harassment, stalking, or threats

  • Social media communication or posts directed at the protected person

Even one brief or indirect violation can result in arrest.

Protective Orders vs. Restraining Orders

Understanding the difference between these two orders is critical.

Criminal Protective Orders (CPOs)

Civil Restraining Orders

  • Issued by a civil court

  • Requested by a private party

  • Used for harassment, stalking, or domestic violence

  • Violation still results in criminal prosecution

  • Does not require a criminal conviction to be issued

Both carry equal criminal consequences if violated.

Common Ways People Violate Protective Orders

Many violations occur unintentionally, but intent is not a defense under the law. Common violations include:

  • Calling or texting the protected person

  • Responding when they contact you

  • Sending messages through friends or family

  • Posting about them on social media

  • Accidentally encountering them and failing to leave

  • Entering a prohibited distance zone

  • Attempting reconciliation without court approval

Even peaceful or invited contact is illegal if prohibited by the order.

Full Stay-Away Protective Orders in Domestic Violence Cases

In Los Angeles County, prosecutors frequently request full stay-away protective orders at the first court appearance, even for misdemeanor domestic battery cases.

These orders can:

  • Force you out of your home

  • Prevent contact with your children

  • Block communication entirely

  • Last throughout the pendency of the case

Prosecutors often seek full orders regardless of the alleged victim's wishes.

What Must the Prosecutor Prove?

To convict you under Penal Code § 273.6, the prosecution must prove:

  1. A valid protective or restraining order existed
  2. You were aware of the order
  3. You had the ability to comply
  4. You willfully violated the order

No physical harm is required. A single phone call or message can be enough.

Penalties for Violating a Protective Order

Misdemeanor Violation

  • Up to 1 year in county jail

  • Fines up to $1,000

  • Summary probation

  • Mandatory counseling

Felony Violation (Aggravating Factors)

Aggravating factors include:

  • Prior violations

  • Violence or threats

  • Injury to the protected person

  • Existing probation or parole

Why These Cases Are So Dangerous

A violation of a protective order often leads to:

  • A new criminal case

  • Probation or parole violations

  • Harsher bail conditions

  • Loss of credibility with the court

  • Increased likelihood of a conviction in the original case

Judges and prosecutors treat these violations extremely seriously.

Defenses to Penal Code § 273.6 Charges

An experienced defense attorney may raise defenses such as:

  • Lack of knowledge of the order

  • Improper service of the order

  • Ambiguous or unclear terms

  • False or exaggerated accusations

  • No willful violation

  • Mistaken identity

  • Unlawful arrest or constitutional violations

Each case requires a fact-specific legal strategy.

What to Do If You're Accused of Violating a Protective Order

  • Do not contact the protected person

  • Do not respond to messages

  • Document all communications

  • Contact a criminal defense attorney immediately

  • Do not attempt to “fix” the situation yourself

Any additional contact can worsen the situation.

Criminal Defense for Protective Order Violations in Los Angeles

Violations of restraining and protective orders carry serious, long-term consequences, especially when tied to domestic violence cases.

Our criminal defense attorneys have decades of experience handling Penal Code § 273.6 cases throughout Los Angeles County. Early intervention can make the difference between dismissal, reduced charges, or jail time.

Speak With a Criminal Defense Attorney Today

If you or a loved one has been accused of violating a restraining or protective order, contact our law firm immediately to protect your rights.

📞 Call the Hedding Law Firm at 866-986-2092
📍 Los Angeles, California
🕘 Confidential consultations available

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