Being accused of violating a restraining order in Los Angeles is serious. Under California Penal Code section 273.6, it is a crime to intentionally and knowingly violate a valid protective order, restraining order, stay-away order, or no-contact order. A first violation is usually a misdemeanor punishable by up to one year in county jail and a fine of up to $1,000.
Restraining orders can come from domestic violence cases, civil harassment cases, elder abuse cases, workplace violence cases, or criminal protective orders issued by a judge. The order may prohibit contact, require a person to stay away from a home or workplace, prevent calls or text messages, or restrict communication through social media or third parties.
What Counts as Violating a Restraining Order?
A violation can happen in many ways. The most obvious example is showing up at the protected person’s home, job, school, or other location when the order says to stay away. But many cases involve less obvious conduct, such as sending a text, calling from a blocked number, replying to an Instagram story, using a friend to pass along a message, or emailing the protected person about “just one thing.”
Even if the protected person contacts you first, that does not automatically give you permission to respond. The order is issued by the court. Only the court can change it. If you are the restrained person, you can still be arrested even if the protected person invited the contact.
Penalties for Violating a Restraining Order in California
In California, violating a restraining order is usually charged under Penal Code Sectiom 273.6(a). Although this offense is sometimes described as a form of criminal contempt, the specific criminal statute commonly used for restraining order violations is PC 273.6.
A first-time violation is generally a misdemeanor if the person knowingly and intentionally violates a valid protective order. The punishment can include up to one year in county jail, a fine of up to $1,000, or both.
The penalties can become more serious if the violation involves violence, threats, physical injury, repeated violations, or other aggravating circumstances. In those situations, the court may impose mandatory jail time, and the case may expose the defendant to more serious consequences, including possible felony treatment depending on the facts.
What Does the Prosecutor Have to Prove?
To convict someone under Penal Code Section 273.6, the prosecution generally must prove that there was a valid court order, the defendant knew about the order, the defendant had the ability to follow it, and the defendant intentionally violated it.
This is where many defenses begin. Did the person actually know the order existed? Were they properly served? Was the order clear? Was the contact accidental? Did the person knowingly and intentionally violate the order, or was there a misunderstanding about the terms?
For example, accidentally running into someone at a grocery store is very different from intentionally driving to that person’s house. The facts matter.
Can a Violation Become a Felony?
Yes. A first violation is commonly charged as a misdemeanor, but more serious circumstances can increase the punishment. If the violation results in physical injury, the penalties can include a higher fine and mandatory jail time. A second or later violation, especially one involving violence, threats, or injury, may be charged more severely and can sometimes be filed as a felony. Felony exposure can include 16 months, two years, or three years in custody and fines up to $10,000.
This is why these cases should not be treated casually. A restraining order violation can affect probation, bail, child custody issues, immigration status, employment, firearm rights, and future plea negotiations.
Defenses to a Restraining Order Violation
Possible defenses may include lack of knowledge, improper service, accidental contact, inability to comply, false accusation, insufficient evidence, or unclear terms in the order. In some cases, the protected person may exaggerate or misinterpret what happened. In other cases, text messages, phone records, surveillance video, GPS evidence, or witness statements can show that the alleged violation did not occur as claimed.
A defense attorney may also argue for reduced charges, diversion, counseling, dismissal, or a resolution that avoids jail depending on the facts, the client’s record, and the strength of the evidence.
Protect Yourself Before the Case Moves Forward
A restraining order violation can expose you to arrest, jail, probation consequences, and new criminal charges. The best thing you can do is act early, stay away from the protected person, and get legal guidance before making the situation worse. Call Stephen G. Rodriguez & Partners at (213) 481-6811 for a free in-person consultation to discuss what happened, what the order actually prohibits, and how to protect your rights moving forward.