--- title: "PC 166 - Contempt of Court: Penalties & Defenses" description: "PC 166 contempt of court in California: direct vs. indirect contempt, real penalty tiers, the 2022 AB 764 update, and defenses that actually apply." url: "https://www.thehfirm.com/penal-codes/pc-166-contempt-of-court" site: "H Law Group" --- # PC 166 - Contempt of Court: Penalties & Defenses PC 166 contempt of court in California: direct vs. indirect contempt, real penalty tiers, the 2022 AB 764 update, and defenses that actually apply. Topics: Contempt of Court, Court Orders, Domestic Violence, Penal Code, Criminal Defense Contempt of court under Penal Code 166 covers a lot more than restraining order violations. It reaches disorderly conduct in a courtroom, refusing to be sworn in as a witness, refusing to answer a proper question on the stand, publishing a false account of a court proceeding, and, yes, violating a protective order or other injunction too. That breadth is exactly why the penalties vary so much from case to case. A witness who refuses to answer a question faces a very different exposure than someone accused of repeatedly violating a domestic violence protective order. If your case involves a DV restraining order specifically, the details on that side of the statute get their own deeper breakdown in our PC 273.6 article. This one covers what 166 does across the board, including the parts most write-ups skip. ## What Actually Counts as Contempt Under PC 166 [Penal Code ยง 166](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=166&lawCode=PEN) lists several distinct categories of contemptuous conduct, not one single act. The most commonly charged include: - Disorderly, contemptuous, or insolent behavior toward the judge while the court is in session, or that disturbs the proceedings - Willful disobedience of the terms of a court order or legal process - Refusing to be sworn in as a witness, or refusing to answer a proper question once sworn in - Publishing a false or grossly inaccurate account of a court proceeding - Violating a protective order, restraining order, or other injunction issued by a California court For the order-violation category specifically, prosecutors have to prove a valid order existed, you knew about it, you had the ability to comply, and you willfully chose not to. "Willfully" is doing a lot of work in that sentence. An accidental or good-faith misunderstanding of what the order actually prohibited isn't contempt. ## Direct vs. Indirect Contempt: A Distinction That Changes How the Case Plays Out Most explanations of this statute skip a distinction that actually matters for how a case unfolds. Direct contempt happens in the judge's presence, in the courtroom itself: an outburst, a refusal to answer a question from the stand, disrespect toward the bench during a hearing. A judge can address this immediately, sometimes within the same proceeding. Indirect, or constructive, contempt happens outside the judge's immediate view. Violating a protective order somewhere other than the courtroom, such as a text message to a protected person, is the clearest example. This kind isn't handled on the spot. It requires notice of the specific violation alleged and a real opportunity to respond before any finding of contempt, which gives the defense considerably more room to work with than a courtroom outburst does. ## Penalties by Category - Base contempt (courtroom conduct, refusing to testify, publishing a false account): up to 6 months in county jail, up to $1,000 in fines, or both. Probation instead of jail time is common for a first offense. - Protective order violation: up to 1 year in county jail, up to $1,000 in fines, or both. If the violation caused physical injury, a mandatory minimum of 48 hours in jail applies. - Repeat violent protective order violation (a second or later violation within 7 years involving actual violence or a credible threat of violence): chargeable as a felony carrying 16 months, 2, or 3 years in state prison, or as a misdemeanor with up to 1 year in county jail. This is the one circumstance where PC 166 functions as a wobbler. - Contacting a protected person after a prior stalking conviction: up to 1 year in county jail, up to $5,000 in fines. Each separate contact counts as its own violation, so a string of messages can become a string of charges. Possessing a firearm while subject to a qualifying protective order isn't prosecuted under 166 itself. It's charged separately, typically under the firearm relinquishment statute. ## A 2022 Change Most Write-Ups Still Miss Assembly Bill 764 expanded the stalking-contact provision effective January 1, 2022. Before that, the enhanced penalty for contacting a protected person after a prior stalking conviction focused on phone calls and mail. AB 764 added social media and other electronic communication to the list. If a source describes this provision as covering only phone and mail contact, it's describing the law as it existed before 2022, not as it stands now. ## Common Defenses - No willfulness. You didn't know the order existed, weren't properly served, or genuinely misunderstood what it prohibited. - No contemptuous conduct actually occurred. What happened in the courtroom, or what was said, didn't cross the line the statute requires. - The order was invalid, expired, or exceeded the judge's authority. A court generally can't hold someone in contempt for violating an order that was void or no longer in effect. - Lack of proper notice or hearing. For indirect contempt in particular, you're entitled to know exactly what violation is alleged and to respond to it before any finding is made. - False accusation or disputed facts. Especially common in the protective-order context, where whether contact actually happened, or who initiated it, is often the entire case. ## Related Charges [PC 273.6 (violating a domestic violence protective order)](/penal-codes/pc-166-273-6-violating-a-protectiverestraining-order) is the statute prosecutors typically file when the order came out of a DV case specifically, and it carries its own penalty structure worth reading separately. [PC 646.9 (stalking)](/penal-codes/pc-646-9-stalking) is what triggers the enhanced contact-based contempt penalties in the first place. [PC 422 (criminal threats)](/penal-codes/pc-422-criminal-threats) is often charged alongside contempt when the contact included a threat. PC 1320 (failure to appear) covers a different kind of court-order problem entirely: missing a required court date rather than violating a protective order or injunction. ## Frequently Asked Questions **Can I be held in contempt for something I said in court?** Yes, if it rises to disorderly, contemptuous, or insolent conduct toward the judge, or disrupts the proceedings. Ordinary disagreement or frustration expressed respectfully generally doesn't meet that bar, but a judge has real discretion here. **What's the difference between PC 166 and PC 273.6?** PC 166 is the general contempt statute and covers courtroom conduct, witness refusals, and order violations broadly. PC 273.6 is a separate, more specific statute written for violating domestic violence protective orders, and it's what prosecutors usually file in DV cases rather than general contempt. **Does every text message to a protected person count as a separate crime?** Under the stalking-contact provision, yes. Each contact is charged as its own violation, so a series of messages sent over days or weeks can add up to multiple counts rather than one. **Can contempt of court ever be a felony in California?** Only in one specific circumstance: a second or later protective order violation within 7 years that involves actual violence or a credible threat of violence. Outside of that situation, PC 166 stays a misdemeanor. **What happens if I genuinely didn't know about the order?** Willfulness is an element the prosecution has to prove. If you were never properly served and had no actual knowledge the order existed, that can defeat the charge, though the facts of service and notice are usually contested rather than obvious. ## If You've Been Accused of Contempt Whether a contempt charge sticks usually comes down to proof of willfulness, proper notice, and what the order actually said, not just what happened. Those are fact-specific questions that play out differently in every case. Talk to a California criminal defense attorney before responding to the allegation or agreeing to anything in court. ## Related California penal codes - [PC 273.6 - Violating a Protective or Restraining Order](https://www.thehfirm.com/penal-codes/pc-166-273-6-violating-a-protectiverestraining-order) - [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) --- ## 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. 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