California Penal Code 273.6 PC makes violating a valid protection order a misdemeanor, carrying up to one year in jail and/or $1,000. It does not matter if the person you were ordered to stay away from asks to meet with you.
A second-time 273.6 PC conviction can be a misdemeanor or felony if the case involves violence, threats of violence, or injury to the victim. Felony penalties include:
- 16 months, 2 years, or 3 years in jail and/or
- up to $10,000.
In this article, our California criminal defense attorneys discuss the following topics re. restraining order violations:
- 1. Elements of 273.6 PC
- 2. Defenses
- 3. Jail Time
- 4. Immigration Consequences
- 5. Background Checks
- 6. Expungements
- 7. Effect on Gun Rights
- 8. Can a victim violate a restraining order?
- 9. Related Offenses
- Additional Reading
1. Elements of 273.6 PC
To convict you under 273.6 PC, California prosecutors must prove beyond a reasonable doubt the following five elements of California Jury Instructions “CALCRIM” 2701:
- A court lawfully issued a written order against you,
- The order was a protective order,
- You knew of the court order,
- You had the ability to follow the court order, and
- You willfully violated the court order.
As to the knowledge element, you must have had the opportunity to read the order (even if you did not do so). As to the willfulness element, your violation must have been deliberate and on purpose.
Example: Nia has a restraining order against Maurice following a domestic violence dispute. One day Maurice runs into Nia at a restaurant where he had no idea she would be. Here, Maurice is not guilty of violating the protective order because he accidentally saw Nia and did not act with any willfulness.
Note that if you commit another crime while violating a restraining order, you can be guilty under both 273.6 PC and the statute governing the other crime.1
273.6 PC is the California statute that makes it a crime for you to violate the terms or conditions of a restraining order.
2. Defenses
Here at Shouse Law Group, we have represented literally thousands of people charged with violating restraining orders. In our experience, the following three defenses can be very effective with prosecutors, judges, and juries at getting 273.6 PC charges reduced or dismissed.
1) The Restraining Order Was Not Valid
Just because a judge issues an order does not necessarily mean it is lawful. We have seen restraining orders that were issued with no lawful basis or in violation of proper judicial procedures.
Once we show the prosecutor how your restraining order is invalid, they will likely dismiss your charge.
2) You Were Not Aware of the Restraining Order
If you were not properly served with the restraining order, you are under no obligation to follow it. We use this defense when the process server served the wrong person or simply forgot to serve it.
3) You Did Not Willfully Violate the Restraining Order
This defense is useful whenever you accidentally run into the person protected by the order. This typically happens when you are on the way to or from work, are out shopping, or going to a park or event like a concert or movie.
Even if the protected person panics and claims you violated the order, the prosecutor should drop the charge once they see it was not on purpose.
Defying a protective order is usually a misdemeanor.
3. Punishment
Violating a protective order in California is a misdemeanor in most cases. The crime is punishable by:
- imprisonment in the county jail for up to 1 year and/or
- a maximum fine of $1,000.
Note, however, that 273.6 PC becomes a wobbler if:
- it is your second conviction for violating a protective order, and
- the violation involved an act of violence.
A wobbler is a crime that a prosecutor can charge as either a misdemeanor (carrying the above penalties) or a felony, which is punishable by:
- 16 months, 2 years, or 3 years in jail and/or
- a maximum fine of $10,000.2
4. Immigration Consequences
Violating a restraining order in California will not impact your immigration status in most cases. However, if you also have a domestic violence-related conviction in addition to the 273.6 PC violation, that could be deportable.
Non-citizens facing criminal charges should contact an attorney right away to learn their options for remaining in the U.S.
5. Background Checks
Restraining orders usually do not show up in criminal background checks since they are technically civil matters. However, if you get convicted of violating 273.6 PC in California, that conviction will appear in criminal background checks.
Defying a protection order is usually not deportable and can be expunged.
6. Expungement
In California, you should be able to get a 273.6 PC conviction expunged from your criminal record after you complete your jail sentence or probation. Once it is expunged, it should no longer appear in future background checks.3
7. Gun Rights
A felony conviction for violating a restraining order will strip you of your gun rights for life. However, a misdemeanor conviction of 273.6 PC should not affect your gun rights in California.4
8. Can a victim violate a restraining order?
Victims named as the “protected person” in a restraining will not get into trouble for contacting the “restrained person” against whom the order was taken out. Only the restrained person faces arrest and criminal charges for violating the restraining order.
That being said, it is not a good idea for victims to contact the restrained person. The restrained person could use it as evidence in future court proceedings that the victim does not fear the restrained person, and that the restraining order is no longer necessary.5
9. Related Offenses
- Domestic battery (243e1 PC) – using force or violence against a cohabitant, the other parent of your child, or a current or former spouse, fiancé, fiancée, or dating partner.
- Corporal injury on an intimate partner (273.5 PC) – causing physical injury to your spouse, cohabitant, dating partner, or parent of your child through an act of domestic violence.
- Stalking (646.9 PC) – following, harassing, or threatening someone to the point that the person fears for their safety.
- Criminal threats (422 PC) – making threats of death or great bodily injury that place victims in reasonable and sustained fear for their safety or the safety of their families.
- Elder abuse (368 PC) – physical or emotional abuse, neglect, endangerment, or financial exploitation of a victim 65 years old or older.
- Vandalism (594 PC) – maliciously damaging, destroying or defacing someone else’s property.
- Contempt of court (166 PC) – defying court orders or court decorum.
Additional Reading
For additional resources, refer to the following:
- California Courts Self-Help Center: Restraining Orders – The California Courts official site provides forms, FAQs and Step-by-Step guides on filing for restraining orders.
- California Attorney General: Gun violence Restraining Orders – Overview on obtaining gun violence restraining orders.
- WomensLaw.org: Restraining Orders in California – WomensLaw.org provides California-specific legal information and resources on getting a restraining order.
- National Domestic Violence Hotline – Resources for victims.
- California Partnership to End Domestic Violence – Coalition of advocates advancing public policy to end domestic violence.
Legal References:
- Penal Code 273.6 PC.
(a) Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
(b) In the event of a violation of subdivision (a) that results in physical injury, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment. However, if the person is imprisoned in a county jail for at least 48 hours, the court may, in the interest of justice and for reasons stated on the record, reduce or eliminate the 30-day minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.
(c) Subdivisions (a) and (b) shall apply to the following court orders:
(1) Any order issued pursuant to Section 6320 or 6389 of the Family Code.
(2) An order excluding one party from the family dwelling or from the dwelling of the other.
(3) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the order described in subdivision (a).
(4) Any order issued by another state that is recognized under Part 5 (commencing with Section 6400) of Division 10 of the Family Code.
(d) A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or “a credible threat” of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170.
(e) In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than six months nor more than one year, by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. However, if the person is imprisoned in a county jail for at least 30 days, the court may, in the interest of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.
(f) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders described in subdivisions (a), (b), (d), and (e).
(g) (1) Every person who owns, possesses, purchases, or receives a firearm knowing they are prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825.
(2) Every person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code.
(h) If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(1) That the defendant make payments to a domestic violence shelter-based program or to a shelter for abused elder persons or dependent adults, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.
(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.
(i) For any order to pay a fine, make payments to a domestic violence shelter-based program, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a domestic violence shelter-based program be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of their spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
CALCRIM No. 2701 – Violation of Court Order, Protective Order, or Stay Away. Judicial Council of California Criminal Jury Instructions (2024 edition).To prove that the defendant is guilty of this crime, the People must prove that:
1. A court [lawfully] issued a written order that the defendant <insert description of content of order>;
2. The court order was a (protective order/stay-away court order/ ), issued under [in a pending criminal proceeding involving domestic violence/as a condition of probation after a conviction for (domestic violence/ elder abuse/dependent adult abuse)].
3. The defendant knew of the court order;
4. The defendant had the ability to follow the court order;
AND
5. The defendant (willfully/intentionally) violated the court order.People v. Gonzalez (1996) 12 Cal.4th 804; and In re Berry (1968) 68 Cal.2d 137. People v. Saffell (1946) 74 Cal.App.2d Supp 967. CALCRIM No. 2701 – Violation of Court Order, Protective Order, or Stay Away. See also People v. Lara (1996) 44 Cal.App.4th 102. People v. Smith (2006) 142 Cal.App.4th 923. See also People v. Planchard (Cal.App. 2025) . - California Penal Code 273.6 PC.
- 1203.4 PC.
- 29800 PC.
- See also Patterson v. State (2012) 979 N.E.2d 1066.