Violating a Restraining Order (Penal Code 273.6) in California

All it takes is one accusation of violating a restraining order to put your freedom at risk. Under California Penal Code § 273.6, even one alleged text, call, or chance encounter can lead to criminal charges—whether you intended to break the order or not.

Prosecutors take these cases seriously, and judges don’t hesitate to impose harsh penalties that can affect your freedom, your record, and your future opportunities. If you’re facing allegations of violating a restraining order, you can’t afford to wait and see what happens next. Every move you make now could decide how this plays out in court.

What is California Penal Code § 273.6?

California Penal Code § 273.6 makes it a crime to violate  a protective order knowingly. This covers restraining orders from domestic violence cases, civil harassment cases, elder abuse cases, and workplace violence cases.

For prosecutors to convict you, they need to prove:

1. A court issued a written protective order against you
2. You knew about the order
3. You could have followed the order
4. You broke the order on purpose
5. The order was valid

The “on purpose” part is key—if you accidentally ran into the protected person, that shouldn’t count. But even small violations can get you in trouble if you did them intentionally.

Here’s a scary fact: Even if the protected person contacts you first, you can still be charged. If your ex calls you or asks to meet up, and you respond or show up, you could be arrested. The law doesn’t care who started it.

How Normal Actions Can Get You Arrested

Restraining order violations often happen in ways you might not expect:

When They Contact You First

This happens all the time:

• Your ex calls to talk about the kids
• They text saying they miss you and want to talk
• They invite you to pick up your stuff from the house

Even when they reach out first, you’ll be the one in trouble if you respond. The law puts all the responsibility on you to keep your distance.

Random Run-ins

Sometimes it’s just bad luck:

• You shop at the same grocery store
• You end up at the same movie theater
• You live or work near each other

While truly accidental meetings shouldn’t get you arrested (since you didn’t plan it), proving it was an accident can be tough, especially if they claim otherwise.

Little Mistakes

Some violations happen because you didn’t fully get what the order meant:

• Driving past their house on your way to work
• Sending a message through a friend
• Talking about something not allowed in the order
• Going somewhere you didn’t realize was off-limits

These might seem like no big deal, but courts often take a hard line on these things.

What Are the Penalties for a Violation?

The penalties for breaking a restraining order depend on your history and what exactly happened:

First Offense

If it’s your first time breaking a restraining order, it’s usually a misdemeanor. That means:

• Up to one year in county jail
• A fine up to $1,000
• Possibly having to attend counseling or domestic violence classes
• Probation with rules you have to follow

Second Offense or Violence

If you’ve been convicted of breaking a restraining order in the past seven years AND your current violation involves violence or threats, things get much worse. The charge becomes what lawyers call a “wobbler,” meaning it could be:

• A misdemeanor with the penalties above, or
• A felony with 16 months, 2 years, or 3 years in prison and/or a fine up to $10,000

If it’s your second violation within one year AND the protected person gets hurt, you could face felony charges with even tougher penalties.

Beyond these direct penalties, a conviction for breaking a restraining order can also mess up:

• Your job prospects
• Professional licenses
• Housing applications
• Child custody
• Immigration status
• Gun rights

Violating a restraining order can lead to jail time, fines, and long-term damage to your record. But penalties aren’t automatic, and every case has its own facts.

Common Defenses Against Restraining Order Charges

Several defense strategies work well when fighting restraining order charges:

Challenge the Original Order

A strong defense is arguing that the restraining order itself wasn’t valid. If the order was:

• Issued without good reason
• Based on lies
• Issued by a court that didn’t have authority
• Never properly delivered to you

Argue You Didn’t Know About the Order

You can’t break an order you don’t know about. If you were never properly served with the restraining order or didn’t get a chance to read it, you’ve got a solid defense.

This works well when:

• They served the wrong person
• They tried to serve you but failed
• You never actually learned what the order said

Prove It Was an Accident

The most common defense is showing that any violation wasn’t intentional. This works when:

• You ran into the protected person by accident
• You didn’t mean to break the order
• You left as soon as you realized they were there

Call Out False Claims

Unfortunately, some people use restraining orders as weapons in ugly breakups or custody battles. If the protected person is lying about a violation that never happened, you’ll need evidence to back up your side.

This could include:

• What witnesses saw
• Security camera footage
• Location data from your phone
• Proof you were somewhere else when they claim you violated the order

Whether you were falsely accused, misunderstood the order, or the facts don’t support the claim, a strong defense can protect your rights and reputation.

Frequently Asked Questions

Can the protected person get in trouble for contacting me?

No. The restraining order only restricts you, not them. The protected person can’t violate the order by calling or texting you. But if they keep contacting you, this might help you get the order changed or canceled later.

What if I run into them by accident?

If it truly was an accident, you shouldn’t get charged since the law requires a purposeful violation. If you accidentally see the protected person, leave right away and write down what happened. But watch out – if these “accidents” keep happening, cops might think you’re doing it on purpose.

If I reply to their message, am I breaking the law?

Yes. Even if they text or call you first, responding in any way could get you arrested. The law puts all the responsibility on you to avoid contact, no matter who starts it.

If my violation case gets dismissed, does the restraining order go away, too?

No. The criminal case for violating the order is separate from the restraining order itself. Even if your violation case gets dismissed or you’re found not guilty, the restraining order stays in effect until it expires or you get it changed through a separate court process.

Charged With Violating a Restraining Order? Call Now.

Whether this is your first time in trouble or you’re facing harder penalties for a second violation, we can help you understand your options and build a defense that fits your situation. Call our office today for a private case review.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.