A restraining order—also called a protective order—is a court order intended to protect a person from harassment, threats, stalking, abuse, or violence. In California, violating a valid restraining or protective order can lead to criminal charges, even if the alleged contact seems minor or occurs in an emotionally charged situation. These cases often arise in domestic violence matters, but they may also involve civil harassment, workplace violence, elder abuse, or other court-issued protective orders.
At the Law Office of H. Charles Gorian, we understand that restraining order violation allegations are often more complicated than they first appear. In many cases, the key issues include whether the defendant actually knew about the order, whether the order was valid and in effect, and whether any alleged violation was truly intentional and knowing. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.
What Is a Restraining Order Violation Under California Law?
California Penal Code section 273.6 makes it a crime to intentionally and knowingly violate certain protective orders. The statute specifically applies to qualifying orders defined in Family Code section 6218, as well as orders issued under Code of Civil Procedure sections 527.6, 527.8, and 527.85, and Welfare and Institutions Code section 15657.03.
That means the prosecution generally must prove more than just contact or proximity. The case often depends on whether:
- a qualifying protective order existed
- the defendant knew about the order
- the order was still in effect
- the defendant intentionally violated one or more of its terms.
Because these cases often arise out of personal relationships or ongoing disputes, careful review of the order itself, service records, communications, and the surrounding circumstances is critical.
Types of Orders Commonly Involved
A violation charge under Penal Code section 273.6 may involve several types of protective orders, including orders covered by the Family Code, civil harassment restraining orders, workplace violence restraining orders, private post-secondary school violence orders, and elder or dependent adult abuse protective orders.
The statute also applies to certain out-of-state orders recognized under California law. Some cases involve orders that prohibit contact, require a person to stay away from a home or workplace, exclude a person from a dwelling, prohibit specified conduct, or restrict firearms possession under separate law.
Penalties for Violating a Restraining Order
A basic violation of Penal Code section 273.6 is a misdemeanor punishable by:
- up to one year in county jail
- a fine of up to $1,000
- or both.
If the violation results in physical injury, the penalties increase. In that situation, the offense may be punished by:
- a fine of up to $2,000
- 30 days to one year in county jail
- or both. The court may reduce or eliminate the 30-day minimum in the interest of justice after considering factors listed in the statute.
For certain subsequent convictions, the punishment can become more serious. A subsequent conviction within seven years of a prior qualifying conviction and involving an act of violence or a credible threat of violence may be punished by up to one year in county jail or under Penal Code section 1170(h).
A subsequent conviction occurring within one year of a prior qualifying conviction that resulted in physical injury may carry a fine of up to $2,000, six months to one year in county jail, or punishment under section 1170(h), with limited authority for the court to reduce the minimum jail term in the interest of justice.
Probation and Other Court Orders
If probation is granted after a conviction under Penal Code section 273.6, the court must impose probation consistent with Penal Code section 1203.097.
The statute also allows conditions that may include payments to a domestic violence shelter-based program or a shelter for abused elder persons or dependent adults, and reimbursement to the victim for reasonable counseling costs and other direct expenses resulting from the offense.
That means a violation case may carry consequences beyond jail exposure alone.
Common Defenses to Restraining Order Violation Charges
Every case depends on the facts. Possible defenses may include:
- the defendant was not properly notified of the order
- the defendant did not knowingly violate the order
- the alleged contact or conduct was not intentional
- the order had expired or did not apply the way the prosecution claims
- the accusation is based on false allegations, misunderstanding, or incomplete facts
- the prosecution cannot prove the conduct actually violated the terms of the order.
Because these cases often involve text messages, call logs, social media, service records, and conflicting witness accounts, a careful review of the evidence is essential.
Speak with a Murrieta Restraining Order Defense Attorney
If you have been accused of violating a restraining order or protective order, it is important to seek legal advice as early as possible. A close review of the facts may reveal important defenses and weaknesses in the prosecution’s case. The Law Office of H. Charles Gorian provides experienced, thoughtful defense for clients facing Penal Code 273.6 violations throughout Murrieta, Temecula, and Riverside County.
Call our office today at (951) 395-0511 to schedule a confidential consultation.