A restraining order—also known as a protective order—is a court order designed to protect a person from harassment, threats, stalking, or physical abuse. These orders are often issued in connection with domestic violence cases, but they can also arise from workplace disputes, neighbor conflicts, or harassment allegations.
Under California Penal Code §273.6, it is a criminal offense to intentionally and knowingly violate the terms of a restraining order. This means that the prosecution must prove both that the defendant knew a valid order was in place and that they willfully disobeyed one or more of its conditions.
What the Law Says
The code states that “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 that fine and imprisonment.”
However, if the alleged violation involves violence, threats, or repeat offenses, the case may be prosecuted as a felony, exposing the defendant to state prison time and steeper fines.
Restraining orders may include specific prohibitions, such as:
- No contact (in person, by phone, text, email, or social media)
- Staying a certain distance away from the protected person’s home, workplace, or school
- Avoiding indirect communication through friends or relatives
- Surrendering firearms while the order is in effect
Even accidental or minor contact can sometimes lead to an arrest if it appears to violate the order. Because these cases often involve personal relationships and emotional situations, careful legal review is critical.
Types of Restraining Orders in California
Violations can involve several types of protective orders, including:
- Domestic Violence Restraining Orders (DVROs)
- Civil Harassment Orders
- Workplace Violence Restraining Orders
- Elder or Dependent Adult Abuse Protective Orders
- Criminal Protective Orders issued as part of a criminal case
Each order has different requirements for service, duration, and enforcement. A person cannot be found guilty of violating an order unless the prosecution can prove they were properly notified of its existence and understood its terms.
Penalties for Violating a Restraining Order
A misdemeanor violation of Penal Code 273.6 PC can result in:
- Up to one year in county jail
- A fine of up to $1,000
- Probation with mandatory counseling or community service
If the violation involves physical injury, multiple violations, or disregard for a court’s prior warnings, it may be filed as a felony, punishable by:
- Up to three years in state prison, and/or
- Fines up to $10,000
Courts often impose additional conditions such as stay-away orders, protective supervision, or mandatory counseling.
Defending Against Restraining Order Violation Charges
Common legal defenses include:
- Lack of Knowledge – The defendant was never properly served or informed of the restraining order.
- No Willful Violation – The contact was accidental or unavoidable (e.g., seeing the protected person in a public place).
- Invalid or Unlawful Order – The restraining order was not legally issued or had expired.
- False Allegations – The accusation was fabricated or exaggerated out of anger or misunderstanding.
A knowledgeable criminal defense attorney can review police reports, communication records, and service documents to determine whether the restraining order was valid and whether a true violation occurred.
Speak with a Murrieta Restraining Order Defense Attorney
Allegations of violating a restraining order are taken seriously in California courts, but every situation has two sides. If you’ve been accused of this offense, you still have rights and options. 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 to schedule a confidential consultation and discuss how to protect your rights and resolve your case effectively. One phone call could be the difference between harsh criminal penalties and freedom. Call our lawyer today for a free, no-risk, no-obligation case evaluation.