Penal Code 273.6 PC: Violating a Protective or Restraining Order

Penal Code 273.6 makes it a crime to intentionally and knowingly violate a domestic violence restraining order, a civil harassment, workplace violence or elder abuse order, or a similar court order. A first violation is a misdemeanor with up to 364 days in county jail and a fine of up to $1,000, and a repeat violation involving violence or a credible threat can be charged as a felony.

What PC 273.6 means

PC 273.6 applies to restraining orders issued in civil and family court: domestic violence restraining orders under the Family Code, civil harassment orders, workplace violence orders, orders protecting students at colleges and universities, and elder or dependent adult abuse orders (PC 273.6(a), (c)). It also covers orders that remove you from a shared home and qualifying orders from other states. Criminal protective orders, the stay-away orders a judge issues in a criminal case, are usually charged as contempt under PC 166(c)(1), with similar penalties.

The order must have been lawfully issued, and you must have known about it, usually because you were served with it or were in court when the judge made it. Contact the order forbids, such as a text, a social media message, a call through a friend, or coming within a set distance, can be a violation even if the protected person started it or agreed to it.

To convict you, the prosecutor must prove each of these beyond a reasonable doubt (CALCRIM 2701):

1. A court lawfully issued a written order that you not do something, such as contact or go near the protected person
2. You knew about the order
3. You had the ability to follow the order
4. You willfully violated the order

PC 273.6 penalties

• First violation: a misdemeanor with up to 364 days in county jail, a fine of up to $1,000, or both (PC 273.6(a), 18.5)
• Violation that causes physical injury: 30 to 364 days in county jail, a fine of up to $2,000, or both; the judge can reduce or drop the 30-day minimum if you have served at least 48 hours (PC 273.6(b))
• A later violation within seven years of a prior conviction, involving violence or a credible threat of violence: up to 364 days in county jail, or 16 months, two or three years as a felony (PC 273.6(d), 1170(h))
• A later violation within one year of a prior conviction that causes injury: a fine of up to $2,000, six months to 364 days in county jail, or both, or a felony term (PC 273.6(e))
• Owning, buying or having a gun while an order forbids it is a separate crime (PC 273.6(g), 29825)

If you are granted probation, the court must follow California's domestic violence probation law, which includes at least 36 months of probation and a batterer's program of at least one year (PC 273.6(h), 1203.097). Instead of a fine, the judge can order payments of up to $5,000 to a domestic violence shelter program, or repayment of the protected person's counseling and other costs caused by the violation (PC 273.6(h)).

Restraining orders, protective orders and PC 166

A domestic violence restraining order is usually requested by the protected person in family court. A criminal protective order is issued by the judge in a criminal case, often at the first court date, and after a domestic violence conviction it can last up to 10 years, or up to 15 years after a PC 273.5 conviction (PC 136.2(i), 273.5(j)). Violating either kind is a crime. A criminal protective order violation is usually charged under PC 166(c)(1), and starting January 1, 2027, it can be charged as a felony when the case behind the order was charged as a felony, unless that charge was reduced or dismissed (AB 1877).

Consequences beyond jail

• Guns: a misdemeanor conviction brings a 10-year California ban on owning or having a gun (PC 29805), and a felony a lifetime ban (PC 29800). While a restraining order is in effect, you generally cannot own or have a gun at all
• Family court: a violation can affect custody and visitation and can lead to a longer or broader restraining order
• New charges: the conduct itself, such as a threat or a battery, can be charged separately
• Immigration: for non-citizens, violating the part of an order that protects against violence, threats or harassment can be a deportable offense, so talk to us before any plea

Common defenses to PC 273.6

It depends on the evidence. Common defenses include:

• You were never served and did not know about the order, or did not know what it required
• The contact was accidental, such as running into the person in a public place, and you left
• The order was not lawfully issued, had expired, or did not forbid what you did
• The accusation is false or exaggerated, often during a breakup, divorce or custody dispute
• The messages or calls can't be tied to you
• Insufficient evidence to prove the charge beyond a reasonable doubt

We review the order and the proof of service, the messages, call logs, location data and any video to find the weaknesses in the case.

Related charges

• PC 273.5 corporal injury on a spouse or partner
• PC 422 criminal threats
• PC 242 battery
• PC 646.9 stalking
• PC 166 contempt of court
• Restraining Orders (practice page)
• Domestic Violence (practice page)

PC 273.6 cases in Riverside and San Bernardino counties

In both counties, a violation is often charged together with the conduct behind it, such as a battery or a threat, and the judge can raise bail or tighten the order at the first court date. In San Bernardino County, cases from Rancho Cucamonga, Ontario, Upland, Chino, Chino Hills, Montclair, Fontana and Rialto are heard at the West Valley courthouse in Rancho Cucamonga; cases from San Bernardino, Colton, Highland, Redlands, Loma Linda and Yucaipa at the San Bernardino Justice Center; and cases from Victorville, Hesperia and Apple Valley at the Victorville courthouse. In Riverside County, criminal cases are heard at five courthouses: the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the Banning Justice Center, the Larson Justice Center in Indio and the Blythe courthouse.

If you need the order changed, the request goes to the court that issued it, which may be a family law court rather than the criminal court hearing the violation. Our office is in Riverside, and Yvonne Todd began her career as a Public Defender in San Bernardino.

Read the official text of PC 273.6 on the California Legislative Information site.

This page is general information about California law, not legal advice about your case. Reading it does not create an attorney-client relationship.