It’s a Tuesday night, and a notification lights up a phone: someone liked an old photo. Nothing was said, nothing was sent — just a tap on a screen. But if a restraining order is in place, that tap alone can turn into a criminal case. A violation of a restraining order in California is prosecuted under Penal Code 273.6, and it’s treated as its own separate crime — entirely distinct from whatever led to the order being issued in the first place. That surprises a lot of people, especially when the alleged violation seems minor: a text, a comment passed through a mutual friend, or an accidental encounter at a shared location. This guide explains what actually counts as a violation of a restraining order under California law, what penalties apply, and how these cases are typically defended.
Types of Restraining Orders in California
Before looking at violations, it helps to understand that not all protective orders are the same. California recognizes several types, and the specific type in place affects what conduct counts as a violation:
- Domestic violence restraining orders — issued between people in a close or family relationship
- Civil harassment restraining orders — issued between people without a close relationship, such as neighbors or coworkers
- Emergency protective orders — short-term orders issued by police, often at the scene of a domestic incident
- Criminal protective orders (CPOs) — issued by a judge as a condition of a pending criminal case or as part of a sentence, often called a ‘stay-away order’
- Workplace violence restraining orders — obtained by an employer on behalf of an employee
CPOs, in particular, come in different levels of restriction — from a no-violence order that only prohibits abuse or threats, up to a full stay-away order that bars any contact and requires staying a specific distance away from the protected person entirely. Knowing exactly which level applies to your case matters, since the terms of the specific order — not just the fact that one exists — determine what counts as a violation.
What Actually Counts as a Restraining Order Violation Under PC 273.6
To convict someone of a restraining order violation, California prosecutors must prove each element laid out in jury instruction CALCRIM 2701: that a court lawfully issued a written order, that you knew about the order, that you had the ability to follow it, and that you willfully — meaning deliberately and on purpose — violated its terms. One detail catches a lot of people off guard: the knowledge element can be satisfied simply by showing you had the opportunity to read the order, even if you never actually read it. Restraining orders typically include several distinct conditions, and violating any one of them can result in charges — not just violence or direct threats. Common violations include:
- Any direct contact — in person, by phone, text, email, or social media — with the protected person
- Indirect contact through a third party, such as asking a mutual friend to relay a message
- Coming within a specified distance of the protected person’s home, workplace, or school
- Possessing a firearm, if the order includes a firearm prohibition
- Showing up at a location where you know the protected person will be, even without direct contact
Importantly, intent is not always required — many violations are treated as a ‘general intent’ crime, meaning the prosecution generally only needs to show you knew the order existed and that the contact or conduct happened, not that you intended to violate it specifically. This is exactly why seemingly minor or accidental contact can still result in charges.
Penalties for a Restraining Order Violation in California
A violation of a restraining order under Penal Code 273.6 is a misdemeanor on a first offense, but the penalties escalate quickly from there.
- First offense (misdemeanor): up to 1 year in county jail and fines up to $1,000
- Second offense within one year involving violence, a credible threat of violence, or injury to the protected person: can be charged as a wobbler, allowing felony prosecution with state prison exposure
- Repeat violations within a set period: mandatory minimum jail time may apply
- Felony violation: up to 3 years in state prison, particularly where the violation involved a new act of abuse or a firearm
On top of the criminal penalties, a violation can also result in the restraining order being extended, made stricter, or converted into a longer-term order — separate from any punishment imposed by the criminal case.
How Violations Typically Get Reported
Understanding how a violation actually reaches police helps explain why these cases are so often built on thin evidence.
- The protected person contacts police directly to report contact or a perceived violation
- A third party — a family member, coworker, or mutual friend — reports contact they witnessed or were told about
- Police notice a violation incidentally while responding to an unrelated call
- Digital evidence — texts, calls, or social media activity — is presented to police by the protected person
Because reports frequently rely on the protected person’s own account with limited independent verification, the strength of the evidence behind a violation charge varies enormously from case to case. This is one of the reasons these charges are more defensible than most people assume when they’re first accused.
A Few Real-World Scenarios
To make this more concrete, here are a few situations that come up often in restraining order violation cases, and how they’re typically approached:
- Liking or commenting on a social media post — even indirect digital contact like this can be treated as a violation if the order prohibits any contact, including through social media
- Attending a shared family event, like a child’s school function — courts vary on how strictly this is treated, and advance planning with your attorney can sometimes prevent an incidental encounter from becoming a charge
- A shared child support or custody exchange — many orders include specific carve-outs for court-ordered exchanges, which is an important detail your attorney will confirm applies in your case
- A misdialed call or a message sent to the wrong contact — accidental contact is treated differently than deliberate contact, but it still needs to be explained and documented, not simply asserted
Common Defenses to a Restraining Order Violation
- Lack of knowledge of the order — this defense is narrower than many people assume: since the law only requires that you had the opportunity to read the order, simply not reading paperwork you were served with usually isn’t enough. This defense works best when you were never properly served or notified at all
- Mistaken identity or incidental contact — accidental encounters at a shared public space, without any effort to make contact, are treated differently than deliberate contact
- The protected person initiated contact — this doesn’t automatically excuse a violation, but it’s relevant context that can affect how a case is charged and resolved
- The order was improperly issued or has since expired — orders have specific durations and renewal requirements, and an expired or improperly served order cannot form the basis of a valid violation
- Insufficient evidence of the alleged contact — many violation allegations rest on a single account with no independent corroboration
What to Do If You’ve Been Accused of a Violation
- Do not contact the protected person to explain or dispute what happened — any additional contact can be treated as a second violation
- Save any evidence that supports your account — location data, call logs, or messages showing the contact was accidental or initiated by the other party
- Review the exact terms of the order itself — orders vary in what they prohibit, and some include exceptions for co-parenting or court proceedings that may apply to your situation
- Do not attend any hearing or respond to any inquiry without speaking to an attorney first
- Contact a defense attorney immediately, especially if you’re aware an allegation has been made but haven’t yet been formally charged
If the Restraining Order Was Based on a False Allegation
Restraining orders, particularly in domestic violence contexts, are sometimes obtained based on exaggerated or false claims — often during a contentious separation or custody dispute. If you believe the underlying order itself was based on inaccurate information, that’s a separate issue from a violation charge, but it’s directly relevant context for your defense. Our guide to false allegations of domestic violence covers how these situations typically arise and how they’re challenged, and our article on how to successfully recant a domestic violence statement explains the process and pitfalls if the protected person now wants to walk back their original statement.
How a Violation Interacts With the Original Case
If the restraining order was issued as part of an existing domestic violence case, a violation can significantly complicate that case — potentially affecting bail, plea negotiations, or sentencing on the original charge. It’s worth understanding the underlying classification of your original case as well; our guide to whether domestic violence is a felony or misdemeanor in California explains how that classification is determined and why it matters here.
Does a Violation Show Up on a Background Check?
Both the underlying restraining order and any violation can appear on certain background checks, which is a common concern for people navigating employment or housing applications during or after a case like this. We cover this specific question in detail in our article on whether restraining orders show up on background checks, which is worth reading alongside this guide if that’s a concern for you.
Why Local Experience Matters in These Cases
Restraining order violation cases are fact-intensive — they often come down to a single text message, a single encounter, or a single witness account, and how that evidence is challenged can make or break the case. Our Bakersfield criminal defense practice regularly handles restraining order violations across Kern County, including cases tied to domestic violence proceedings, and understands how local courts tend to approach both the criminal charge and the underlying protective order.
Frequently Asked Questions
Can I be charged if the protected person contacted me first?
Yes, in most cases. A restraining order restricts your conduct, not theirs, so being contacted first does not automatically excuse a response. However, it can be an important factor your attorney raises in your defense and in negotiations.
What if I didn’t know a restraining order had been issued against me?
This defense is narrower than most people expect. California law only requires that you had the opportunity to read the order — not that you actually read it — so simply not opening paperwork you were served with usually won’t work as a defense. It’s most effective when you were never properly served or notified of the order at all.
Can a restraining order violation affect a pending custody case?
Yes. Family court judges take restraining order compliance seriously, and a violation — even one still pending in criminal court — can influence custody and visitation decisions.
Is running into the protected person by accident a violation?
Not necessarily. Courts generally look at whether the contact was intentional or an unavoidable coincidence, such as both parties happening to be at the same public location without either seeking out the other.
What if the protected person violates their own no-contact order?
Restraining orders generally restrict only the restrained person’s conduct, not the protected person’s. If the protected person reaches out, that doesn’t relieve you of your own obligation to stay away — the safest response is to document it and not respond, then let your attorney raise it as context.
What’s worse, a no-contact order or a restraining order?
They’re often part of the same thing rather than two separate severity levels — a ‘no-contact order’ is frequently one specific term within a broader restraining or protective order. What matters most is the scope of the specific order you’re subject to, not the label used to describe it.
Can a restraining order be modified or lifted after it’s issued?
Yes, in some circumstances a modification or termination can be requested, though the process and standard depend on the type of order and how it was originally issued. This is worth raising with an attorney separately from any violation defense.
If you’ve been accused of violating a restraining order in Bakersfield or Kern County, the specifics of what happened matter enormously. Contact our office for a confidential consultation.
