A restraining order is an effective legal instrument to defend people against perceived threats or abuse. However, if there is a single court order against you, you can find yourself in big trouble with the law over a simple mistake, whether deliberate or otherwise. Violating a restraining order under Penal Code 273.6 is a crime in California. 

You do not need to harm or bully anyone to be accused. Even a mere accidental meeting or a text message can cause arrest, jail, and a criminal record. The law still holds you responsible even when the victim was the first to make contact or you are being wrongly accused.

Knowing what these orders prohibit and what to do if you are under suspicion is essential. Misjudgment or error may turn your life upside down, and the repercussions could be too severe to tackle alone. If you are facing charges for violating a restraining order, get in touch with us at the Monterey Criminal Attorney for legal help.

What Is a Restraining Order in California?

A protective order, also known as a restraining order, is a court order in California to safeguard an individual against harm, harassment, abuse, or threats. When issued, it legally obliges the restrained individual (usually the accused) to keep a distance and not to contact the person who sought the protection of the court (the protected person).

California Restraining Orders You Might Face

The courts in California issue various kinds of restraining orders, depending on the situation's urgency and nature. They all have a particular purpose, and it is essential to understand the differences in case one is issued against you.

Emergency Protective Orders (EPOs)

A judge usually grants an emergency protective order immediately at the request of the police. It is meant to be used for immediate protection and is typically used after a domestic violence incident, threat, or abuse. As an example, when police are called to a late-night 911 call of alleged domestic violence, they may contact a judge to issue an EPO preventing you from going home or contacting the other party.

Temporary Restraining Orders (TROs)

The next step after an EPO expires is usually a Temporary Restraining Order. The court issues it upon filing an individual's formal request for protection. TROs are prevalent in family fights, stalking, and workplace harassment. As an illustration, a former partner may want to get a TRO in case he or she alleges that you are making unwanted contact with him or her pending a court hearing.

Permanent Restraining Orders (PROs)

A permanent restraining order is not permanent but lasts a lot longer than its name suggests. A judge can order a PRO after a hearing if they think further protection is necessary. Such orders are commonly applied in cases of domestic violence, repetitive harassment, or abuse of vulnerable adults.

Common Terms and Conditions You Have to Obey

When a court in California makes a restraining order against you, it is not a mere warning. Strict and enforceable conditions accompany it. Although you may think the order is unfair or temporary, any breach of the condition can cause severe criminal charges per Penal Code 273.6. These are some of the most typical limitations you will encounter:

Stay-Away Orders

You might be legally obliged to maintain a distance between you and the protected person, usually 100 yards or more. This is where they live, work, study, or even drive. Meeting accidentally in the street may be dangerous, as one may be accused of violating, even if the meeting was not planned.

No-Contact Clauses

This state prohibits contact with the party that is under protection. That is phone calls, texts, emails, social media messages, or even passing the message through a third party. A single friendly text might get you to court, as it will violate the no-contact order.

Move-Out Orders

Regarding domestic relationships, the court may require you to vacate a joint house instantly. You will typically have a short time to gather some of the most important things, but returning later, even to retrieve something you forgot, can lead to arrest.

Surrendering Firearms Requirements

Under California law, anyone subject to a restraining order relinquishes any firearms they own or possess. You must hand them to law enforcement or sell them to a licensed dealer. Having a gun in your house throughout the order, even though you do not use it, is against the law.

Prohibited Actions

You are also not permitted to do certain things, like harassment, stalking, threats, surveillance, or anything that would interfere with the peace of the person who is being protected. These words are usually general and may be used in a manner you might not anticipate. For example, publishing information about the protected person online may be a violation.

What Is a Violation of a Restraining Order?

In California, a restraining order is a criminal offense, and you can violate it even though you think the contact was harmless or justified. Penal Code 273.6 makes it a crime to willfully and knowingly violate the provisions of a valid restraining order. You may be arrested and charged when you do anything the court has specifically forbidden.

Actions That Count as Violations

Violation is not necessarily violent or threatening. It may be as uncomplicated as a text message, appearing at the workplace of the person being guarded, or tagging the person in a social media post. Even a gift or voicemail can get you in trouble with the law if the order forbids all types of contact.

The following are some of the typical examples of what may cause a violation:

  • Calling or texting the protected person, even to apologize or to clear the air
  • Appearing at their home, place of work, or school
  • Getting a friend or a relative to relay a message.
  • Stalking them in town or appearing where they are, whether deliberately or not
  • Failure to vacate a shared place after being ordered to move out
  • Not giving up your guns

Accidental and Willful Violations

You should know that it is not only the intent that counts, but also compliance. When you bump into the protected person in the grocery store or at some public event and take off without interacting with them, that will not be considered a willful violation. But when you remain, initiate a discussion, or hang around them, prosecutors can claim that you did it deliberately.

Still, even accidental contact may cause suspicion. If the person you protect calls the police, you must prove that the meeting was accidental and that you tried your best not to meet.

Why “They Contacted Me First” is Not the Solution

Among the most widespread misconceptions regarding restraining orders is that the restrained individual can “waive” the order by calling you. They can’t. A restraining order can only be changed or revoked by the court. You should not reply even when the person you are protecting sends you a text, requests to see you, or pleads to get back together. If you do, you are in legal jeopardy, not them. The court viewed the restrained party as solely responsible for following the order, regardless of the victim’s actions.

Legal Elements the Prosecutor Must Prove Under PC 273.6

The prosecution must prove more than just that a restraining order violation occurred under Penal Code 273.6 to convict you of that crime. They have to demonstrate certain legal aspects beyond a reasonable doubt. Knowledge of these factors is the primary step to a successful defense and defending your rights.

  1. A Valid Restraining Order was Issued

The initial condition is that a court had issued a lawful restraining order. This order should have well-defined terms and should have been filed and served. Your attorney can argue that the original order was not issued in good jurisdiction or due process, i.e., it was issued on false or misleading allegations.

  1. You Were Aware of the Order

The prosecution has to demonstrate that you knew about the restraining order. This usually implies that you were served with the order personally, in court when it was made, or served through your legal representative. Not only has the order been issued, but you should have had a chance to check its contents.

  1. You Had the Ability to Comply

You may only be found guilty when you could reasonably have obeyed the terms of the order. If the order demanded something impossible, such as avoiding a place you must go to every day because you have no other choice, your defense attorney could claim that it was impossible to obey the order entirely under the given circumstances.

  1. You Knowingly Violated the Order

Lastly, the prosecution has to demonstrate that you deliberately and willingly violated the terms of the order. Unintentional contact or unintentional acts done without knowing the order's restrictions might not be considered willful violations. But even incidental or short contact may suffice to fill this requirement when held to be deliberate.

Criminal Penalties for Violating a Restraining Order in California

A restraining order is not technically violated. It is a crime under California Penal Code 273.6. The punishments may be relatively mild or extremely severe, depending on the facts of your case, your prior criminal history, and whether violence or threats were involved. Even a single offense may lead to a jail sentence and lifelong effects.

Misdemeanor Consequences

The first offense of violating a restraining order is typically a misdemeanor. The usual punishments are:

  • County jail, up to 1 year
  • Up to $1,000 fines
  • Compulsory anger management or domestic violence courses
  • Community service or compensation to the victimized party

Judges can also give you new or extended protective orders, restricting your freedom and everyday life.

Felony Consequences

In case you have previously broken a restraining order, particularly during the past 7 years, and the new offense was committed through violence, threats, or bodily harm, the crime becomes a wobbler. This implies that the prosecutor can prosecute it as a misdemeanor or a felony. A conviction of a felony may result in:

  • As much as 3 years in the California state prison
  • Fines of up to $10,000 
  • Formal probation with more serious conditions
  • Deprivation of some civil liberties, such as the right to own a gun

Felony charges harm your record and can impact employment, housing, and further legal actions.

Terms and Conditions of Probation

Even when you are given probation rather than jail or prison, you will be under the strict supervision of the court. Typical conditions of probation are:

  • No contact with the party to be protected
  • Gun turn-in
  • Participation in batterer or counseling programs
  • Meeting with a probation officer regularly
  • No new law violations (not counting minor ones)

A breach of these conditions may lead to the revocation of probation and imprisonment.

Firearm Restrictions Under Penal Code 29825

The California law forbids anyone under a restraining order to own, buy, or possess a firearm. This rule can be violated and cause further criminal charges under PC 29825, a wobbler offense. Penalties include:

  • As much as 1 year in jail (misdemeanor)
  • As much as 3 years in prison (felony)
  • Loss of your right to own or use firearms permanently or over a long period

If you are served with a protective order, the court will mandate you to immediately give up all firearms to law enforcement or sell them to a licensed dealer.

Other Criminal Charges You May Be Charged With

Violating a restraining order in California is seldom a stand-alone case. In many cases, the behavior or the situation that led to the violation can also justify other criminal charges, some of which have more serious consequences than the violation itself. The prosecutors can pile up charges to pressurize or justify harsher punishment. The following are the typical correlated charges associated with the violation of Penal Code 273.6:

PC 136.1, Intimidation of Witnesses

Under Penal Code 136.1, you can be charged if you are accused of attempting to stop a witness or victim from testifying or cooperating with law enforcement by threatening, coercing, or manipulating them.

This accusation is especially widespread when:

  • A protected party accuses you of calling them, trying to convince them to withdraw the case
  • You attempted to tamper with their testimony on a case of domestic violence that was still in court

Witness intimidation is a wobbler, which may be charged as a misdemeanor or a felony.

PC 422, Criminal Threats

You may be charged with making a credible threat to cause significant bodily injury or death in violation of Penal Code 422, even though no actual violence was used. Such threats should:

  • Be categorical and precise
  • Be conveyed orally, in print, or electronically
  • Make the victim reasonably fearful of their safety

PC 166, Contempt of Court

Violation of a restraining order can also be filed as contempt of court under Penal Code 166. This includes:

  • Deliberately defying any legal court order
  • Recurring courtroom outbursts or refusal to follow the rules of procedure

Although commonly viewed as a misdemeanor, PC 166 introduces an additional charge and enhances possible consequences.

Relation to Domestic Violence Charges

Violation of restraining orders is usually connected with or based on domestic violence. You can also be charged with:

  • PC 243(e)(1), Domestic Battery: The unlawful and willful application of force or violence to a current/former spouse, partner, or cohabitant (no visible injury necessary)
  • PC 273.5, Corporal Injury to a Spouse or Cohabitant: Causing a visible or internal injury, even a minor one, to an intimate partner

These are domestic violence charges, which are highly prosecuted and can take your case to a very high level, from a misdemeanor to a felony, with lasting effects.

Legal Arguments for Violation of Restraining Order Charges

It does not necessarily imply that you will be convicted when you are charged with violating a restraining order under California Penal Code 273.6. Through the assistance of a professional criminal defense lawyer, several legal defenses are available based on the facts of your case.

The most popular ones are the following:

Lack of Knowledge About the Order

There is no way that you can be convicted of violating a restraining order when you were unaware of the existence of such an order. The law demands evidence that:

  • A legitimate protection order was granted
  • You were served or notified properly

If you were not in court when the order was issued and the law enforcement did not serve you with a notice, your lawyer can use ignorance as a full defense.

No Willful Violation/Accidental Contact

The actions you commit to break PC 273.6 should be willful, intentional, or purposeful. Accidental contact is not such a threshold; For example:

  • You and the guarded individual coincidentally shop in the same grocery store
  • You go to a common event without knowing it
  • You are trapped in a limited range, yet you did not plan to communicate

In this event, your lawyer will be able to state that the terms of the order were not intentionally disobeyed.

Victim-Initiated Contact

Although the person you protect may call you first, you must still act according to the restraining order. Nevertheless, the fact that the party to be protected was the one who started the interaction can also assist your case. For example:

  • In case they enticed you to a meeting or promoted communication
  • Were they not afraid, or did they not want to be guarded

Your attorney can use this to doubt the order's necessity or question the alleged violation's credibility.

The order cannot be violated legally since the person who is under protection reached out to you. It is not a defense to the charge, but it may be a persuasive circumstance.

Unlawfully Issued or Unlawful Order

Your attorney may argue that the order was invalid if the initial order was issued unlawfully, e.g., the court had no jurisdiction or the petitioner provided false or misleading information.

A void order is not enforceable; you cannot be penalized for breaking it. This is a more technical defense that requires a thorough court record review.

Inability to Comply

There are cases when it is just impossible to follow the conditions of the order. In case the conditions of the restraining order were unreasonable or caused an inevitable clash, e.g.,

  • Your home is the only road that goes close to the house of the protected person
  • Your work involves you being close to a place where the order limits

Then your lawyer will be able to state that you had no practical means to follow the order without undue hardship. This can be used as a defense by the courts, primarily when you have acted in good faith and attempted to prevent unnecessary contact.

Expunging of a PC 273.6 Violation from Your Record

A criminal conviction for a restraining order violation under Penal Code 273.6 may haunt you well after you have served your time. It may restrict your access to employment, housing, professional licensure, and volunteer opportunities. 

Luckily, some convictions can be expunged in California, and you can have a clean slate again, as long as you fit the eligibility criteria.

Do You Qualify to Expunge?

You can be qualified to have a conviction expunged under PC 273.6 when:

  • You finished probation (informal or formal)
  • You did county jail
  • You are not currently charged with, on probation for, or sentenced to serve a sentence in respect to another offense

If your violation was a felony, you must first reduce it to a misdemeanor (through a Penal Code 17(b) motion) before you can get it expunged.

Advantages of Expungement

Removal of a restraining order violation can:

  • Enhance your employment opportunities: An expunged conviction will make you eligible to apply to most jobs without fear of discrimination by the employer based on the conviction
  • Increase housing chances: Landlords who do background checks will not be as likely to use it against you
  • Recover personal and professional reputation
  • Let you honestly say no when you are asked on most confidential job applications whether you have been convicted of a crime

Remember though:

  • Expungement does not clear the conviction from the record
  • It will not reinstate gun rights in case they were lost because of a felony conviction
  • It will not exclude the record from being used in subsequent sentencing of new crimes.

When Can You Apply for Expungement?

Expungement is typically available:

  • As soon as you finish serving probation, provided all the terms are fulfilled, for example, paid fines and attended classes
  • In case the court ended probation prematurely
  • In case you were not put on probation, once you have served your whole sentence

The procedure entails petitioning the court, appearing before the court (in certain instances, even), and proving to the judge that granting your expungement is in the interest of justice.

Call a Monterey Restraining Order Violation Lawyer Near Me

Accusations of a restraining order violation in California should not be taken lightly. A chance meeting or a false allegation can escalate into severe criminal charges that have long-term effects. 

A conviction under Penal Code 273.6 can lead to jail, fines, loss of gun rights, and permanent harm to your record and reputation. This is why acting quickly, knowing your rights, and hiring an attorney to litigate such complicated cases is essential.

The Monterey Criminal Attorney can assist you if you have been charged with a restraining order violation in Monterey County. Call 831-574-1791 to speak with an experienced defense attorney.