Breaking a Restraining Order in California
A restraining order sets clear rules about contact, distance, and conduct. Breaking those rules, even once, can turn a civil dispute into a criminal case. Knowing what a violation involves helps you respond with a clear head instead of making the situation worse.
How California Treats a Restraining Order Violation
Under California Penal Code 273.6, it is a crime to intentionally and knowingly violate a valid protective order. The word intentionally is important here. Prosecutors have to prove three things: that a lawful order existed, that you knew about it, and that you broke its terms on purpose. Someone who was never properly served, and who had no knowledge of the order, generally cannot be convicted.
What Counts as a Violation
Many people assume a violation requires a dramatic confrontation. It does not. Something as small as a text message can qualify. Common examples include:
- Calling, texting, or emailing the protected person
- Going near their home, job, or school
- Sending a message through a friend or relative
- Showing up at a shared location on purpose
- Posting about the person online in a way the order forbids
Restraining orders come in several forms, including domestic violence, civil harassment, elder abuse, and workplace orders. The California Courts self-help guide explains each type, and the same rule applies across all of them. Once an order is active, its terms carry the force of law.
The Penalties You Could Face
A first violation is usually a misdemeanor. It carries up to one year in county jail and a fine of up to $1,000. When a violation causes physical injury, the law requires a minimum jail term. A second violation, or one that involves violence, can be filed as a felony and carries up to three years in state prison. Each separate act can be charged as its own count, so the exposure adds up quickly.
Consequences Beyond the Criminal Case
The courtroom penalties are only part of the picture. A violation can affect other areas of your life in lasting ways, including:
- Loss of the right to own or possess a firearm
- Changes to child custody or visitation
- A longer or stricter restraining order
- Required counseling or intervention programs
- A criminal record that surfaces in background checks
These effects can follow you long after a case closes, which is why the guidance of an attorney early on can make a real difference.
Defending Against a Violation Charge
An accusation is not a conviction. Many violation cases rest on shaky ground. Maybe the contact was accidental. Maybe the order was never valid, or you were never served. Maybe the report itself is false, filed by someone hoping to gain an advantage in a family dispute. A criminal defense attorney can examine each element the prosecution must prove and test whether it holds up. This is the kind of work a Los Angeles, CA restraining order lawyer does from the first day of a case.
If you have been accused of breaking a protective order, the choices you make now will shape what comes next. The Law Office of Alec Rose PC reviews the order, the alleged contact, and the question of intent to build a focused defense. Facing this kind of charge is far easier with a Los Angeles restraining order lawyer who understands how these cases move through the courts.