California law states that violating a protective order is illegal, and anyone who does not comply with the terms of a protective order could be arrested and prosecuted. If someone is convicted of a violation of California Penal Code § 273.6(a), they may be sentenced to up to one year in jail, as much as a $1,000 fine, or both.

Anyone who has a restraining order for protection against their abuser and is concerned about a violation of the order should contact a family law attorney for guidance as soon as possible. At the Sarieh Law Offices, we will fight to protect you and help you determine what the next steps should be after a restraining order violation. You deserve experienced, skilled legal support, and our legal team has built a reputation for excellence in advocating for our clients.

What Does California Penal Code § 273.6(a) Prohibit?

California Penal Code § 273.6(a) makes it illegal to violate a protective order intentionally. The exact behaviors that could lead to an arrest for a violation of this law vary based on the terms of the protective order. For example, if your ex-partner or co-parent is subject to an order that prohibits them from contacting or trying to contact you, and they send you a text message, that could be considered a violation. Other behaviors that may qualify include:

  • Going to the other party’s house or place of employment
  • Following them in your vehicle
  • Commenting on their social media posts
  • Damaging their property
  • Making threats of violence toward them
  • Possessing a firearm while subject to a protective order

Speaking with an attorney is the best way to determine how the law will apply in your case. If you have a pending family law case involving the person who violated the order, this could affect aspects such as custody, visitation, and support.

Understanding “Violation of Court Order” Under CPC §273.6(a)

In order to establish that the protective order was violated, there must be evidence that:

  • A protective order required them to do or not do something
  • They were aware of the protective order
  • They could have followed the terms of the order
  • They chose to intentionally violate the order

If any of these elements are missing, a violation likely has not occurred. For example, if someone unintentionally encounters a protected individual without intent or ability to avoid it, they may not be in violation.

We understand that even unintentional violations can be frightening. Our legal team will discuss your case in detail to ensure you feel supported and have all your questions answered.

Penalties for Violating a Court Order Under CPC § 273.6(a)

Violating a protective order is typically considered a misdemeanor in California. Penalties include:

  • Up to one year in county jail
  • A fine of up to $1,000
  • Jail time and a fine

CPC § 273.6 also states that violations causing physical injury may result in a fine of up to $2,000 and one year in jail.

Additionally, a judge may order violators to compensate the victim for counseling or shelter expenses.

Legal Defenses Against a “Violation of Court Order” Charge Under CPC § 273.6(a)

Understanding common legal defenses can help you prepare after a protective order violation. The prosecution must prove the defendant knew about and intentionally violated the protective order. Common defenses include:

Unintentional Violations

A person may accidentally contact a protected party without intent, such as misdirecting a text message. This does not meet the criteria for conviction under CPC § 273.6(a).

Inability to Comply

If circumstances make it impossible to comply—like working in a hospital where the protected party unexpectedly appears—there may be no violation.

Unaware of the Order

Clerical errors or failures to serve notice can mean the accused was unaware of the protective order, which is a valid defense.

False Allegations

In contentious family law situations, accusations of violations may be fabricated. Evidence such as surveillance footage can refute false claims.

Related Offenses

Violations of CPC § 273.6(a) are sometimes charged alongside other offenses, including:

Stalking

California Penal Code § 646.9(a) criminalizes threats and harassment intended to scare someone.

Cyberstalking

Under CPC 653.2(a), using electronic communications to harass or threaten is prohibited.

Criminal Threats

CPC § 422(a) makes it a crime to threaten someone with death or bodily injury.

Elder Abuse

CPC § 368 covers abuse that causes harm or death to elders or dependent adults.

Vandalism

CPC § 594(a) covers intentional property damage.

Contempt of Court

Willfully disobeying court orders constitutes contempt under CPC § 166(a)(4).

What to Do If You’re Charged with Violation of a Protective Order

Experienced legal guidance is crucial in these cases. Contact the Sarieh Law Offices as soon as possible if a co-parent, ex-partner, or family member violates CPC § 273.6(a) or related laws. Schedule your free case evaluation today.