--- title: "PC 273.6 - Violating a Protective or Restraining Order" description: "PC 273.6 makes violating a domestic violence restraining order a crime, with steeper penalties for repeat or injury-causing violations in California." url: "https://www.thehfirm.com/penal-codes/pc-166-273-6-violating-a-protectiverestraining-order" site: "H Law Group" --- # PC 273.6 - Violating a Protective or Restraining Order PC 273.6 makes violating a domestic violence restraining order a crime, with steeper penalties for repeat or injury-causing violations in California. Topics: Domestic Violence, Penal Code ## **California Penal Code 273.6: Violating a Protective or Restraining Order** Once a domestic violence restraining order is in place, almost any contact with the protected person, even a text message meant to apologize or coordinate picking up a child, can turn into a new criminal charge. PC 273.6 is the statute that makes violating a protective order its own separate crime, independent of whatever conduct led to the order in the first place. General contempt of a court order can also be [charged under PC 166](/penal-codes/pc-166-contempt-of-court), but PC 273.6 is the section written specifically for domestic violence protective orders and is what prosecutors typically file in these cases. ## **What the Law Actually Says** Penal Code [273.6](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=273.6.&lawCode=PEN) covers intentional and knowing violations of a broad range of protective orders, including those issued under the Family Code, the Penal Code, and the Welfare and Institutions Code. Subdivision (a) sets out the base offense: > "Any intentional and knowing violation of a protective order...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." The penalties increase when the violation causes physical injury. Under subdivision (b), a first offense causing injury is punishable by a fine of up to $2,000 and a mandatory minimum of 30 days, up to a maximum of one year, in county jail. Under subdivision (e), a subsequent violation within one year that causes physical injury carries a fine of up to $2,000 and a minimum of six months, up to a maximum of one year, in county jail, or it can be charged as a felony. ## **Elements Prosecutors Must Prove** - A valid protective order existed and the defendant had actual knowledge of it - The defendant intentionally and knowingly violated a term of that order - The violation was not accidental or the result of a misunderstanding about the order's terms Knowledge of the order is critical. If the defendant was never properly served or genuinely didn't know the order existed or what it prohibited, that can defeat the charge entirely. ## **Misdemeanor or Felony: How the Charge Is Decided** A first violation without injury is charged as a misdemeanor. The analysis changes when there's physical injury involved, or when it's a repeat violation. Courts weigh: - Whether the violation caused any physical injury to the protected person - Whether the defendant has a prior conviction for violating the same or a related order within the past year - Whether the violation involved an act of violence or a credible threat of violence ## **Penalties Upon Conviction** First offense, no injury: - Up to one year in county jail, a fine of up to $1,000, or both First offense with physical injury: - A mandatory minimum of 30 days, up to one year, in county jail, and a fine of up to $2,000 Subsequent offense within one year, with physical injury: - A mandatory minimum of six months, up to one year, in county jail, a fine of up to $2,000, or a felony sentence under California's determinate sentencing law Courts have some discretion to reduce or eliminate the mandatory minimum jail time in appropriate cases, but only if the court states its reasons on the record and considers the protected person's safety and the defendant's progress in counseling. ## **Common Defenses** - The defendant was never properly served with the order and had no actual knowledge of its terms - The contact was accidental, such as an unplanned encounter at a shared workplace or school pickup - The protected person initiated the contact, which doesn't legally excuse a violation but can affect how the case is charged or resolved - The alleged conduct didn't actually violate any specific term of the order - The order had expired, been modified, or been dissolved before the alleged violation ## **Related Offenses** Protective order violations often overlap with, or lead to, other domestic violence charges: - [PC 646.9 - Stalking, when repeated violations form a pattern of harassment](/penal-codes/pc-646-9-stalking) - PC 422 - Criminal threats, if the contact included a threat of harm - [PC 273.5 - Corporal injury to a spouse or cohabitant, often the underlying offense that led to the original order](/penal-codes/pc-273-5-corporal-injury-to-spouse-or-c) ## **Frequently Asked Questions** ### What if the protected person contacted me first? The order still applies to the restrained person regardless of who initiated contact. Responding to a message from the protected person can still count as a violation, though the circumstances may be relevant to how the case is handled. ### Can a violation be charged as a felony? Yes, in certain circumstances, particularly a subsequent violation within one year that causes physical injury. A related contempt charge under PC 166 can also become a felony wobbler when a prior violation, an act of violence, or a credible threat of violence is involved. ### What counts as "knowing" violation of the order? The defendant must have actual knowledge that the order existed and that the specific conduct violated its terms. Being properly served with the order is usually central to establishing this element. ### Does a text message violate a no-contact order? Generally yes, if the order prohibits any contact. Calls, texts, emails, and messages sent through a third party can all constitute a violation, depending on the exact terms of the order. ### Can the order be modified or lifted? Yes, but only through the court that issued it. A protected person's informal willingness to resume contact doesn't modify the order. Only a judge can change or terminate a protective order. ## Related California penal codes - [PC 646.9 - Stalking](https://www.thehfirm.com/penal-codes/pc-646-9-stalking) - [PC 422 - Criminal Threats](https://www.thehfirm.com/penal-codes/pc-422-criminal-threats) - [PC 273.5 - Corporal injury to spouse or cohabitant](https://www.thehfirm.com/penal-codes/pc-273-5-corporal-injury-to-spouse-or-c) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.