California Penal Code 273.6 PC makes it a crime to intentionally and knowingly violate a court-issued restraining order, protective order, or stay-away order. A first violation is a misdemeanor punishable by up to 1 year in county jail and a $1,000 fine. A violation causing physical injury carries a minimum 30 days in jail, and repeat violations involving violence or injury can be charged as felonies with up to 3 years in custody.

Restraining order cases move fast, and even a text message, a phone call, or an "accidental" encounter can produce an arrest. If you have been accused of violating a protective order anywhere in California, contact the criminal defense attorneys at The Bulldog Law for a free, confidential consultation.

What Is Penal Code 273.6 PC?

PC 273.6 criminalizes the violation of protective orders issued under California's civil and family law statutes. It applies to every term of the order,  not just physical contact. Depending on how the order is written, a violation can be committed by calling, texting, emailing, messaging on social media, contacting the person through a third party, coming within the prohibited distance, going to the person's home or workplace, or refusing to move out of a shared residence under a residence-exclusion order.

The orders covered by PC 273.6 include:

These orders come in escalating stages,  an emergency protective order (EPO) obtained by police at the scene, a temporary restraining order (TRO) pending a hearing, and a final order after a hearing that can last up to five years. Violating any stage is a crime. Note that violating a criminal protective order (CPO) issued by a judge in a pending criminal case is typically charged under a companion statute, Penal Code 166(c), which carries comparable penalties,  prosecutors choose the charge based on the type of order involved.

The Bulldog Law's domestic violence defense page covers the full range of domestic violence-related charges,  including restraining order violations,  and explains how these cases are defended across California.

What Must the Prosecutor Prove?

Under California jury instruction CALCRIM No. 2701, a conviction requires proof beyond a reasonable doubt of four elements:

1. A court lawfully issued a written protective order;

2. You knew about the order,  meaning you were served with it, were present in court when it was made, or otherwise had the opportunity to learn its terms;

3. You had the ability to follow the order; and

4. You willfully violated it.

Each element is a potential defense. If the order was never properly served, if the contact was genuinely accidental, or if the order itself was legally defective, the charge fails.

Penalties for Violating a Restraining Order (2026)

A felony conviction can also carry a fine of up to $10,000. Courts routinely attach probation conditions as well: mandatory counseling or a batterer's intervention program, payments of up to $5,000 to a battered women's shelter, and restitution to the protected person for counseling and other expenses caused by the violation,  with the court required to consider your ability to pay.

Firearms Consequences

Anyone subject to a qualifying protective order must relinquish their firearms and is barred from buying or possessing guns while the order is in effect. Possessing a firearm while restrained is itself a separate crime under Penal Code 29825, and federal law (18 U.S.C. § 922(g)(8)) imposes its own prohibition. A new criminal conviction under PC 273.6 can extend those firearm restrictions further.

Does It Matter if the Protected Person Contacted Me First?

No,  and this is the single most common trap in these cases. Only the court can change or lift a restraining order. If the protected person calls you, invites you over, or wants to reconcile, and you respond by making prohibited contact, you have still violated the order and can be prosecuted. Their invitation is not a legal defense, though it can be powerful mitigation when negotiating with prosecutors. If both sides want contact, the lawful path is a court motion to modify or terminate the order,  never informal agreement.

Understanding which court handles which type of order can also matter significantly for your defense strategy. The Bulldog Law blog has an in-depth look at why it matters which court hears a domestic violence case,  a detail that can affect everything from the available defenses to how aggressively the case is prosecuted.

Legal Defenses to PC 273.6 Charges

You didn't know about the order. Knowledge is an element. If you were never served and were not in court when the order issued,  for example, you allegedly violated a TRO before the process server ever found you,  there is no crime.

No willful violation. Accidental or incidental contact is not a violation. Running into the protected person at a grocery store, a school event, or on a shared street is not willful,  especially if you left promptly.

The order was not lawfully issued. An order issued without proper notice, beyond the court's jurisdiction, or that had already expired cannot support a conviction.

Inability to comply. The law requires that you had the capacity to follow the order,  circumstances that made compliance impossible undermine the charge.

False accusation. Restraining order violations are easy to allege and are sometimes weaponized in divorce, custody, and property disputes. Phone records, GPS and cell-site data, surveillance video, and witness accounts can prove the contact never happened or happened very differently than claimed.

Unlawfully obtained evidence. As in any criminal case, statements taken in violation of Miranda and evidence from unlawful searches can be suppressed.

Additional Consequences of a Conviction

Immigration: Under federal law, a court finding that a non-citizen violated the protective portions of a restraining order,  the terms guarding against violence, threats, or harassment,  is a specific ground of deportability. Non-citizens should consult a defense attorney before resolving any PC 273.6 case. The Bulldog Law's page on deportation consequences of criminal convictions explains exactly which types of findings trigger immigration consequences.

Future court proceedings: A violation makes it far harder to contest renewal of the restraining order and is used against you in custody and divorce litigation.

Probation exposure: If the violation occurred while you were on probation in another case, it can trigger a separate probation violation with its own penalties.

Criminal record: The restraining order itself is civil, but a PC 273.6 conviction is criminal and appears on background checks,  affecting employment, housing, and more. The Bulldog Law blog's piece on how a criminal record can affect your housing options explains the practical consequences in detail. The good news: a conviction is generally expungeable under PC 1203.4 after successful completion of probation or the sentence. The Bulldog Law's expungement and post-conviction relief page covers who qualifies and how the process works.

Related California Offenses

• PC 166(c) – Violating a criminal protective order (contempt of court)

• PC 646.9 – Stalking; stalking in violation of a restraining order is a felony carrying 2, 3, or 4 years

• PC 273.5 – Corporal injury to a spouse or intimate partner

• PC 243(e)(1) – Domestic battery

• PC 422 – Criminal threats

• PC 653m – Annoying or harassing phone calls and electronic contact

• PC 29825 – Possessing a firearm while subject to a protective order

Frequently Asked Questions

Is violating a restraining order a felony in California?

Usually it is a misdemeanor. It becomes a wobbler chargeable as a felony with up to 3 years when it is a second violation within 7 years involving violence or a credible threat, or a second violation within 1 year that causes physical injury.

Can I go to jail for texting the protected person?

Yes. If the order prohibits contact, any contact counts,  texts, calls, emails, DMs, social media comments, and messages passed through friends or family. Each contact can be charged as a separate violation.

What if the protected person invited the contact?

You can still be prosecuted. The protected person has no power to suspend a court order; only a judge can modify or terminate it. Their invitation may help in negotiations, but it is not a defense.

What if I was never served with the restraining order?

Knowledge of the order is a required element. If you were never served and were not present in court when it was issued, you cannot be convicted of violating it.

Will a restraining order violation affect my gun rights?

Yes. Being subject to a qualifying protective order already requires you to surrender your firearms, and possessing a gun while restrained is a separate crime under PC 29825 and federal law. A conviction can extend the prohibition.

Can a PC 273.6 conviction be expunged?

Generally yes. After you successfully complete probation or your sentence, you can petition for expungement under Penal Code 1203.4, which dismisses the conviction for most purposes.

Accused of Violating a Protective Order? Contact The Bulldog Law Today

These cases often come down to a swearing contest,  one person's accusation against your word, layered over an order that may never have been properly served, in the middle of an emotional divorce or custody fight. Prosecutors file them aggressively, but each of the four elements gives the defense a real target.

The criminal defense team at The Bulldog Law defends clients across California against restraining order violations and all domestic violence charges. We move quickly to gather phone records, video, and service records, expose false and exaggerated allegations, and fight for dismissals and outcomes that protect your record, your family relationships, and your rights.

Call The Bulldog Law now for a free, confidential case evaluation. Available 24/7.