Author: My Rights Law Editorial Team
Key Takeaways
Violating a restraining order in California is a crime under California Penal Code § 273.6, and it can lead to jail time, fines, and a permanent criminal record even when no one gets hurt. One phone call, one text, or one accidental run-in can turn into an arrest, and prosecutors move fast on these cases because judges treat them as public safety matters.
The My Rights Law helps you fight back when you are accused of breaking an order, and our California defense team knows how to challenge weak evidence and false claims. If you are facing this charge anywhere in California, call My Rights Law now at (909) 330-3880 for a free case evaluation.
California courts issue several kinds of protective orders, and each one carries its own rules and its own consequences if you break the terms, so knowing which order applies to you matters a great deal.
A domestic violence restraining order protects someone from abuse or threats by a current or former partner, spouse, or family member. These orders often block all contact and can force you to move out of a shared home. Because they arise from close relationships, the terms can feel confusing, and that confusion leads to accidental violations that still bring criminal charges.
An emergency protective order, or EPO, is issued by law enforcement during a crisis, usually right after a police response to a reported incident. A judge or officer can grant one at any hour, and it stays in place for only a few days. Even though it is short, breaking an EPO is still treated as a crime.
A criminal protective order, or CPO, is issued by a judge in a criminal case to keep a defendant away from the alleged victim. These orders are common in domestic violence prosecutions, and they can order full no-contact or limited peaceful contact. Violating a CPO can add new charges on top of the case you are already fighting.
A civil harassment restraining order protects people who are not close family or partners, such as neighbors, coworkers, or strangers. A person asks the civil court for this order when they feel threatened or harassed.
A workplace violence restraining order is requested by an employer to protect an employee from threats or violence at work. The order can bar you from the job site and from contacting the protected worker.
Under California Penal Code § 273.6, violating a restraining order is usually charged as a misdemeanor. However, certain circumstances can allow prosecutors to file the offense as a felony.
A first-time violation that does not involve violence is generally prosecuted as a misdemeanor. If you have a prior conviction for violating a restraining order within the past seven years and the new offense involves violence, injury, or threats of violence, prosecutors may charge the case as a felony.
The exact charge depends on the facts of the case, your criminal history, and whether anyone was harmed.
Many people break a restraining order without meaning to, simply because they did not understand how broad the terms really are, and the following actions are some of the most common ways violations happen.
Any direct contact with the protected person can violate the order, whether you speak to them in person, wave at them, or approach them in public. The order puts the full duty on you to stay away. Even a friendly hello can be enough to trigger an arrest.
Restraining orders often name specific places you must avoid, such as a home, a job, or a school. Going to any of these spots can count as a violation, even if the protected person is not there at the time. Prosecutors treat your presence as a broken term of the order.
Contact does not have to happen face to face, because a single text, email, or social media message can violate the order just as easily as showing up in person. Liking a post or sending a message through a friend counts too. Digital contact leaves a clear record that prosecutors love to use.
You cannot get around the order by having a friend or family member deliver a message for you. Using a third party to reach the protected person is still treated as your own contact. The court sees this as an intentional way to break the rules, and it can make your case look worse.
Most restraining orders in California require you to give up your firearms while the order is active. Keeping, buying, or holding a gun during this time can violate both the order and separate gun laws. This kind of violation often leads to added charges and steeper penalties.
The penalties for violating a restraining order depend on whether the offense is charged as a misdemeanor or felony, whether violence or injury occurred, and whether you have prior convictions. Courts may also impose additional conditions such as probation, counseling, or firearm restrictions.
A first-time violation is usually charged as a misdemeanor and may result in:
A misdemeanor conviction also creates a permanent criminal record.
A violation may be charged as a felony if you have a qualifying prior conviction and the offense involves violence, threats, or injury.
Possible penalties include:
Violations involving domestic violence are often treated more seriously. If the violation results in physical injury, California law may require a mandatory minimum jail sentence. Repeat violations can also increase the likelihood of felony charges and longer prison terms.
Beyond jail or prison, a conviction may also result in:
Yes, you can be arrested on the spot for violating a restraining order in California. Police often make an arrest as soon as the protected person reports the contact, and officers do not need to wait for a warrant.
Because these arrests happen so fast, you should call My Rights Law at (909) 330-3880 the moment you are accused.
To convict you of violating a restraining order, prosecutors must prove several specific things beyond a reasonable doubt, and each of the following elements gives your defense a chance to fight back:
If the prosecution cannot prove even one of these elements, you should not be convicted, and our team knows how to target the weakest link in their case.
Being accused does not mean you will be convicted, because there are strong defenses that can beat these charges, and the following are some of the most common strategies our team uses:
The right defense depends on your exact facts, and our attorneys build a strategy that fits your situation from the ground up.
No, the protected person cannot give you permission to ignore a restraining order.
Even if they call you, invite you over, or say the order no longer matters, only a judge can change or lift it. If you respond to their contact, you are the one who faces charges, so let My Rights Law help you get the order changed the legal way.
Taking the right steps right after an accusation can protect your freedom and strengthen your defense, and the actions below can make a real difference in how your case turns out.
Go through every line of the order so you fully understand what you can and cannot do. Many violations happen because people miss a detail or misread a term. Knowing the exact limits helps you avoid a second mistake.
Stop all contact with the protected person, even if they reach out to you first. Do not text, call, or send messages through anyone else. Any new contact can add charges and make your case much harder to win.
Save every message, email, and record that could show what really happened. This evidence can prove the contact was invited, accidental, or never occurred. Handing this proof to your attorney early gives your defense a strong foundation.
Talk to a criminal defense attorney as soon as you can, before you speak to the police. A skilled lawyer can protect your rights and start building your defense right away. The team at My Rights Law is ready to step in and fight for you.
A charge for violating a restraining order under California law can bring jail time, heavy fines, and a lasting criminal record, but the right defense can change everything. At My Rights Law, our California team knows how to challenge weak evidence, expose false claims, and protect your freedom at every step.
You do not have to face this alone, and the sooner you act, the more we can do. Call My Rights Law today at (909) 330-3880 for a free case evaluation.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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