California Penal Code § 273.6 PC – Violation of a Restraining Order

Restraining orders are serious legal tools designed to protect individuals from harm. When someone disobeys the terms of a restraining order in California, they may be charged under Penal Code § 273.6 PC. This statute makes it a crime to intentionally violate the conditions of a court-issued protective order.

In this article, we’ll explain what this law means, how it works, and what someone can expect if accused of violating a restraining order.

What Is a Restraining Order?

A restraining order (also called a protective order) is a court directive that prohibits a person from certain actions, like:

• Contacting the protected individual (via phone, email, social media, etc.)

• Coming within a certain distance (like 100 yards) of the protected person

• Visiting their home, work, or school

These orders are commonly issued in cases involving:

• Domestic violence

• Stalking or harassment

• Elder abuse

• Workplace violence

• Civil harassment

California Penal Code § 273.6 PC 

According to Penal Code § 273.6(a): “Any intentional and knowing violation of a protective order…is a misdemeanor.” In simpler terms, if a person is aware that a restraining order has been issued against them and they willfully disobey it, they can be prosecuted.

What Are the Legal Requirements for a Violation?

To be convicted under PC 273.6, the prosecution must prove four key elements:

1. A valid restraining order existed

2. The defendant knew about the order

3. The defendant was able to comply

4. The defendant intentionally violated the order

Common Types of Restraining Orders

California courts can issue different types of restraining orders, including:

• Emergency Protective Orders (EPOs) – usually issued by law enforcement after a domestic violence incident

• Temporary Restraining Orders (TROs) – valid for a short time until a court hearing

• Permanent Restraining Orders – may last up to 5 years, extendable

• Criminal Protective Orders (CPOs) – issued as part of a criminal case

Violating any of these can lead to charges under PC 273.6.

Examples of Violations

Here are some scenarios that may count as violations:

• Sending a text to someone you’re ordered not to contact

• Showing up at the person’s house despite a no-contact order

• Tagging them on social media

• Asking a friend to relay a message to them

Even indirect contact can be considered a violation.

Penalties for Violating Penal Code 273.6

First-Time Offense (Misdemeanor):

• Up to 1 year in county jail

• Fines up to $1,000

• Possible counseling, anger management, or protective order enforcement classes

If Injury Occurred:

• Mandatory 30 days in jail (may be reduced by the court in special cases)

• Fines up to $2,000

Repeat Offenses or Felony Violation:

If the violation occurs within 7 years of a previous conviction and involves violence or threats:

• Charged as a felony

• 16 months, 2 years, or 3 years in state prison

• Fines up to $10,000

Legal Defenses Against PC 273.6 Charges

Here are some common defenses used in restraining order violation cases:

1. Lack of Knowledge

The defendant did not know a restraining order existed or was not properly served.

2. No Intent to Violate

Any contact was accidental or incidental (e.g., running into someone in a public place).

3. False Allegations

The protected person may have made up or exaggerated the claim.

4. Invalid or Expired Order

The restraining order was not valid or had expired at the time of the alleged violation.

Immigration & Employment Consequences

A conviction for violating a protective order can have lasting consequences, especially for:

• Non-citizens: may face immigration issues, such as denial of naturalization or deportation.

• Job seekers: a criminal conviction can limit employment options, especially in government, healthcare, education, or security.

Can a PC 273.6 Conviction Be Expunged?

Yes, in many cases, a person convicted of PC 273.6 can have the conviction expunged under Penal Code § 1203.4, assuming they:

• Successfully completed probation or jail sentence

• Are not currently facing other criminal charges

An expungement helps clean your record and can improve job and housing opportunities.

Final Thoughts: 

Violating a restraining order under California Penal Code § 273.6 is more than just a technical mistake—it’s a crime that can carry heavy consequences.

If you’re facing charges or under a restraining order:

• Read the order carefully and follow every detail

• Avoid all direct or indirect contact

• Document your actions to protect yourself

• Speak to an experienced criminal defense attorney

FAQs – California PC 273.6

Q: What if the protected person contacts me first?
A: Even if the protected person initiates contact, you may still be in violation if you respond. Only the court can modify or terminate the order.

Q: Is accidentally running into the protected person a violation?
A: Accidental contact may not be a violation if there’s no intent and you leave immediately. Still, document the incident and speak to a lawyer.

Q: Can restraining orders be dropped?
A: Yes, the protected person can request modification or dismissal, but only the judge has authority to change or cancel the order.