California Penal Code 273.6 PC makes it a crime to intentionally and knowingly violate a legally issued protective order (also known as a restraining order). However, prosecutors often try to frame "technical" violations as "willful" ones to create "gotcha" scenarios.

Restraining orders in California are civil actions and don't appear on typical background checks.

However, if prosecutors find a way to convict you of violating the order, it can result in a criminal record that can damage your reputation and possibly even lead to jail time.

Technology today makes it too easy to inadvertently cross digital boundaries — for example, sending an unintended text or accidentally "liking" a social media post. A simple swipe on a smartphone can lead to a misunderstanding that results in criminal charges.

But even under restraining orders, not all contact is a crime.

At Eisner Gorin, LLP, our experienced California criminal defense attorneys know how to overcome these technicalities to disprove the required element of intent, protecting your freedom and reputation.

We are available to assist you. Book your consultation by calling (818) 781-1570 or filling out the contact form. 

What Constitutes a Restraining Order Violation Under California Law?

Under California Penal Code 273.6 PC, a restraining order violation occurs when a person intentionally and knowingly breaches the terms of a legally issued order. To secure a conviction, the prosecutor must prove beyond a reasonable doubt that the action was willful.

California courts issue several types of restraining orders:

• Domestic Violence Restraining Orders: Issued in family court to protect individuals from abuse by someone with whom they have a close relationship.
• Civil Harassment Restraining Orders: Used to protect people from neighbors, roommates, or acquaintances.
• Elder or Dependent Adult Abuse Restraining Orders: Designed to protect vulnerable adults from physical or financial abuse.
• Workplace Violence Restraining Orders: Requested by employers to protect employees from violent threats.

The core element of this crime is "willful intent," meaning the person committed the act on purpose. If you do something by mistake or accident, it does not meet this legal standard.

It's worth noting that protective orders can do more than just prohibit you from contact with an individual; they can also prohibit specific types of behaviors, such as publicizing damning evidence against the alleged victim.

What Types of Actions Can Technically Violate a Restraining Order?

Minor actions, such as accidentally "liking" a social media post, viewing a temporary story, or sending an unintended text, can technically violate the strict no-contact terms of a restraining order. Courts scrutinize all forms of communication, including digital interactions.

Common examples of inadvertent restraining order violations may include (but are not limited to):

• Accidentally "liking" a social media post: Scrolling through a feed and inadvertently double-tapping an image or hitting the "like" button leaves a notification on the protected party's phone. That's considered a breach.
• Viewing a temporary social media story: Platforms often show the user exactly who viewed their temporary posts, which constitutes indirect contact.
• Sending a text message by mistake: Group texts, pocket dials, or selecting the wrong name in a contact list can send a message to the restricted individual.
• Third-party contact: In most cases, you cannot use someone else as a proxy to communicate with the protected person. For example, asking a mutual friend or family member to pass along a message is considered a violation.

These actions are considered "technical" violations because they breach the literal boundaries of a court order but lack the underlying intent to harass, annoy, or threaten the protected person.

What Are the Penalties for Violating a Protective Order in California?

Violating a protective order is a misdemeanor in most cases, resulting in penalties of up to one year in county jail. However, aggravating factors such as prior convictions or injury to the protected individual can trigger more severe penalties.

The standard penalties under Penal Code 273.6 PC for a first-time violation with no injury include a fine of up to $1,000 and up to one year in county jail. However, the law outlines several escalating factors and strict timelines that increase the severity of the punishment:

• Physical Injury: If the violation results in physical injury to the victim, the penalties increase. The defendant faces a mandatory minimum of 30 days in county jail and a fine of up to $2,000.
• Prior Convictions (One-Year Timeline): If a subsequent conviction involving physical injury occurs within one year of a prior PC 273.6 conviction, the minimum jail sentence escalates to six months, alongside fines up to $2,000.
• Prior Convictions (Seven-Year Timeline): A subsequent violation involving an act of violence or a "credible threat" of violence within seven years of a prior conviction is punishable by up to one year in jail or can be charged as a felony.

First Offense vs Repeat Violation Penalties – California PC 273.6

Key Takeaways

• A first-time violation without injury is usually a misdemeanor, but can still result in jail time
• Any injury to the protected person triggers mandatory minimum jail sentences
• Repeat violations significantly increase penalties and may lead to felony charges
• Cases involving threats or violence carry the highest risk of prison time

Why Penalty Escalation Matters

California law treats repeat restraining order violations seriously because they suggest ongoing risk to the protected person. Each additional violation increases the risk of jail or prison and reduces the likelihood of leniency.

Related California Laws

Penal Code 166 – Contempt of Court

Applies to disobeying court orders, including restraining orders in certain situations.

Penal Code 422 – Criminal Threats

Involves making threats that place someone in sustained fear.

Penal Code 236 – False Imprisonment

Unlawfully restraining or detaining another person.

Penal Code 242 – Battery

Unlawful physical force against another person.

Family Code 6200 et seq. – Domestic Violence Prevention Act

Governs the issuance of domestic violence restraining orders in California.

Frequently Asked Questions

Is accidental contact a violation?

Not necessarily. The prosecution must prove the violation was willful and intentional.

Can social media activity violate a restraining order?

Yes. Online actions that create contact may constitute violations under the order's terms.

Do restraining orders show up on background checks?

The order itself is civil, but a violation can result in a criminal record.

Can charges be reduced or dismissed?

Yes. If intent or knowledge cannot be proven, charges may be reduced or dismissed.

What should I do if accused of a violation?

Avoid further contact and seek legal advice immediately.

Key Takeaway

Penal Code 273.6 cases often hinge on intent and circumstances. While violations can carry serious penalties, many cases involve misunderstandings or technical issues that do not meet the legal standard for a conviction.

What Are Common Defenses Against Violating Protective Orders?

A skilled attorney will defend against alleged protective order violations by proving a lack of willful intent, demonstrating a lack of knowledge about the order, exposing false allegations, or showing the contact was purely incidental.

Among the most common defense strategies used to combat protective order violations include, but are not limited to:

• Lack of Intent: We argue that the action was not willful. A pocket dial, a misunderstood group text, or an accidental screen tap does not constitute intentional harassment.
• Lack of Knowledge: A person cannot be convicted if they did not know the order existed. We show that the defendant was not properly served with the restraining order paperwork or was genuinely unaware of its active status.
• False Allegations: Unfortunately, protective orders are sometimes weaponized in family court or civil disputes. We meticulously investigate the claims to expose exaggerated, fabricated, or malicious allegations made by the protected party.
• Incidental Contact: If you accidentally run into the protected person in a public space, such as a grocery store or a busy street, and you immediately leave the area, the contact is incidental. We demonstrate that you did not seek out the interaction and took immediate steps to comply with the order.

Real-World Case Study

To illustrate how Eisner Gorin handles cases like these, consider one of our recent clients. This woman was charged with violating a protective order concerning the attempted sale of a video.

The scenario: Our client was allegedly involved in a scheme to sell a video of her famous ex-fiancé to a tabloid showing him engaged in an act of violence. The video had been placed under a protective order, preventing its sharing pending litigation.

Law enforcement intercepted texts from our client with the tabloid discussing the sale of the video and charged her with violating the protective order.

Our response: Our attorneys took multiple steps to defend our client:

• We challenged the excessive and unconstitutional bail amount of $2 million, getting it significantly reduced for our client.
• We filed a motion to dismiss.
• We negotiated a plea agreement that released our client from custody and placed her on probation, getting two additional charges dropped as part of the agreement.

The outcome: Our client, who faced up to 3 years in prison, is free on probation, with the option to have her conviction eventually expunged.

Our Multi-Faceted Approach to Your Defense

At Eisner Gorin, we don't merely defend you against criminal charges; we provide legal protection at every phase of your case to minimize exposure and get you the best possible outcome:

• Early intervention: Where possible, we can manage communication with detectives during the initial investigation, which can prevent an arrest or stop formal charges from being filed--saving you from bad publicity from the beginning.
• Pre-trial strategy: If charges are filed, we negotiate for favorable bail and fight for terms that allow you to maintain your employment and family life. We also negotiate for charge reductions and plea agreements where appropriate.
• In the courtroom: Our defense relies on meticulous preparation, leveraging digital evidence, and using sharp cross-examination to dismantle the prosecution's claims.
• Multi-lawyer review: In high-stakes, high-profile, and complex cases, we provide a multi-lawyer review to make sure every possible angle of defense is explored, and we land on a legal strategy that is truly optimized for the best results.

For the best chance at a positive outcome, consult an experienced California criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, contact us here.

Related Content

• Definition of Domestic Violence
• When is Domestic Violence a Felony?
• Evidence Needed for a Restraining Order
• Misdemeanors Triggering a Firearm Ban
• Changing Your Domestic Violence Statement