Domestic Violence · October 28, 2026 · 10 min read
PC 273.6
The order says no contact, and then a text arrives from the person it protects. Answering it can start a second criminal case, even when they wrote first.
Criminal defense only. We do not file lawsuits or represent victims.
Penal Code 273.6 makes it a crime to intentionally and knowingly violate a protective order issued by a family or civil court. A first violation is a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both. Criminal protective orders made under Penal Code 136.2 are charged under Penal Code 166(c)(1) instead.
Law Office of Aaron P. McAllister · Responsible attorney: Aaron P. McAllister, Esq. · Updated October 9, 2026
This page is for the person the order restrains. It covers which orders section 273.6 reaches, what a prosecutor has to prove, how the penalties climb, and the firearm rule that sits inside the same statute. The Law Office of Aaron P. McAllister defends people charged with crimes in Los Angeles, Orange and Riverside counties. It does not file lawsuits or represent victims.
This page explains California law as of October 9, 2026. It is general information, not legal advice, and it does not predict how any case will be charged or decided.
Key Takeaways
- Section 273.6(a) covers family court protective orders and civil orders under Code of Civil Procedure 527.6, 527.8 and 527.85, plus elder and dependent adult abuse orders under Welfare and Institutions Code 15657.03.
- An order made by a criminal judge in your own case is usually a section 136.2 order, and breaking it is charged as contempt under Penal Code 166(c)(1), not under 273.6.
- The baseline penalty is the same under both: up to 1 year in county jail and up to $1,000. Physical injury raises it to 30 days to 1 year and up to $2,000 under 273.6(b).
- The prosecution must prove you knew of the order and were able to follow it. It does not have to prove you actually read it.
- Consent from the protected person does not suspend the order. Penal Code 13710(b) says only a court can change it.
What PC 273.6 makes a crime
The statute is one sentence long at its core. Subdivision (a) makes "any intentional and knowing violation" of a listed order a misdemeanor, and every other subdivision either adds to the penalty or extends the list. You can read the current text at the California Legislative Information site, Penal Code 273.6, last amended by Stats. 2022, ch. 197 (SB 1493), effective January 1, 2023.
The orders it reaches fall into three groups. The first is a protective order as defined in Family Code 6218: an order, issued ex parte, after a hearing, or in a judgment, that stops specific acts of abuse, excludes a person from a home, or restrains other behavior. The second is the civil orders: civil harassment, workplace violence and postsecondary school violence orders under Code of Civil Procedure 527.6, 527.8 and 527.85, and elder or dependent adult abuse orders under Welfare and Institutions Code 15657.03. The third comes from subdivision (c): orders under Family Code 6320 or 6389, orders excluding a party from a dwelling, orders enjoining behavior the court found necessary to make the main order work, and orders from another state recognized under the Family Code.
If you were named in a domestic violence restraining order, a civil harassment order, or an order from another state that California enforces, a violation is a section 273.6 case. Our guide for the person named in a restraining order explains how each of those orders is made in the first place.
Which orders it covers, and where PC 166(c)(1) fits
The order handed to a defendant in the criminal courtroom is a different kind of order. It comes from the criminal judge under Penal Code 136.2, and section 273.6 does not list it in subdivision (a). Penal Code 166(c)(1)(A) does. A willful and knowing violation of a section 136.2 order is contempt of court, a misdemeanor with the same one-year, $1,000 ceiling.
The practical way to tell them apart is the paper itself. The caption at the top names the court and the case, and the form number in the corner names the order type. A criminal protective order in a domestic violence case is Judicial Council form CR-160. A domestic violence restraining order after hearing is form DV-130, and a civil harassment restraining order after hearing is form CH-130. When someone has more than one order, one contact can fall under both statutes at once.
| Feature | PC 273.6 | PC 166(c)(1) |
|---|---|---|
| Orders covered | Family Code 6218 protective orders; CCP 527.6, 527.8, 527.85; WIC 15657.03; Family Code 6320 and 6389; recognized out-of-state orders | Penal Code 136.2 orders; probation orders under 1203.097(a)(2); post-conviction elder abuse orders; 1201.3 orders; 273.5(j) orders; Family Code 6320 and 6389 orders, dwelling-exclusion and supporting orders under 166(c)(3) |
| Mental state the jury is told to find | Intentionally violated | Willfully violated |
| Base penalty | Up to 1 year county jail, up to $1,000 fine, or both | Up to 1 year county jail, up to $1,000 fine, or both |
| Violation causing physical injury | 30 days to 1 year county jail, up to $2,000 fine, or both; minimum can be reduced if at least 48 hours served | At least 48 hours in county jail |
| Repeat within 7 years, violence or credible threat | Up to 1 year county jail, or a felony term under Penal Code 1170(h) | Up to 1 year county jail, or 16 months, 2 years or 3 years in state prison |
| Shelter payment in place of a fine, on probation | Up to $5,000 | Up to $1,000 |
What a prosecutor has to prove
The Judicial Council's jury instruction for both statutes is CALCRIM No. 2701, in the 2026 edition of the criminal jury instructions. It lists five elements, and a jury must find all of them.
- A court issued a written order with specific terms.
- The order was a protective order or stay-away order of a qualifying type.
- The defendant knew of the order.
- The defendant had the ability to follow it.
- The defendant violated it, intentionally for section 273.6 or willfully for section 166.
Element three deserves the closest reading. The instruction says the People must prove you knew of the order and had the opportunity to read it or otherwise become familiar with what it said, but do not have to prove you actually read it. So the question is rarely whether you studied the order. It is when, and how, you first learned it existed. An order mailed to an old address and an order handed to you in court are different facts.
That timing can change in a single conversation. Under Penal Code 13710(c), law enforcement must, on request, serve the restrained person at the scene of a domestic violence incident or at any time that person is in custody. An officer responding to a domestic violence call, or holding you in custody, can hand you an order you had never seen. From that moment you know of it, even if you did not a minute earlier, and any later contact is judged on that footing.
Element four matters when the contact was not yours to avoid. If the protected person walks into your workplace, or appears at a child exchange the family court set, the question becomes whether you could have complied and whether what you did was intentional. Those are factual disputes for the defense to develop, and nothing about them is automatic.
When the protected person reaches out first
The protected person calls, texts, or asks you to come home, and it feels like their invitation ends the problem. It does not.
"The terms and conditions of the protection order remain enforceable, notwithstanding the acts of the parties, and may be changed only by order of the court."
California Penal Code section 13710(b)
The order restrains you, not the protected person. The protected person's message is not a defense, and a reply is a new act that can be charged as its own count. Our page on domestic violence defense in Los Angeles covers the related point that a single reconciling text can turn one case into two. The lawful route is to ask the court that made the order to modify it. Until a judge signs a new order, the old one is the one that counts.
For context on volume, the California Department of Justice reported that domestic violence-related calls for assistance statewide rose from 160,357 in 2023 to 163,024 in 2024 (California DOJ, Crime in California 2024, Table 48). That figure counts calls for police help. It does not count protective orders or violations of them.
Penalties: the baseline, injury minimums and repeat violations
The sentence depends on three facts: whether anyone was physically injured, whether there is a prior conviction for violating a qualifying order, and how long ago that prior was. Every figure below comes from the text of section 273.6.
| Situation | Subdivision | Jail exposure | Maximum fine |
|---|---|---|---|
| Intentional, knowing violation | 273.6(a) | Up to 1 year in county jail | $1,000 |
| Violation that results in physical injury | 273.6(b) | 30 days to 1 year in county jail; court may reduce or eliminate the 30-day minimum after at least 48 hours served | $2,000 |
| Second conviction within 7 years, involving violence or a credible threat of violence | 273.6(d) | Up to 1 year in county jail, or a felony term under Penal Code 1170(h) | Not stated in (d) |
| Second conviction for an act within 1 year of a prior, resulting in physical injury | 273.6(e) | 6 months to 1 year in county jail, or a felony term under 1170(h); the 6-month minimum can be reduced after at least 30 days served | $2,000 |
| Probation granted on any of the above | 273.6(h) | Probation terms under Penal Code 1203.097 | In place of a fine: up to $5,000 to a shelter program, and victim counseling costs |
Two details in that ladder are easy to miss. Subdivisions (d) and (e) make a repeat violation a wobbler, meaning it can be filed as a misdemeanor or a felony. And when a judge decides whether to reduce a mandatory minimum under (b) or (e), the statute tells the court to weigh the seriousness of the facts, any new allegations of violations while the case is pending, the probability of future violations, the victim's safety, and whether the defendant has completed or is making progress in counseling. Probation under section 1203.097 is the domestic violence probation scheme, which our page on Penal Code 273.5 walks through for the related corporal injury charge.
Firearms and PC 273.6(g)
Section 273.6(g) is the statute's firearm clause, and it points somewhere else for the punishment. A person who owns, possesses, buys or receives a firearm knowing a protective order prohibits it is punished under Penal Code 29825. The list in (g) is wider than the list in (a): it also names section 136.2 criminal protective orders.
- Owning or possessing a firearm while prohibited is punishable by up to 1 year in county jail, a fine of up to $1,000, or both (Penal Code 29825(b)).
- Buying or receiving, or trying to, is punishable by up to 1 year in county jail or by state prison, a fine of up to $1,000, or both (Penal Code 29825(a)).
- Exemptions granted by the court under Code of Civil Procedure 527.9(f) or Family Code 6389(h) mean the person is not prosecuted under section 273.6 for that firearm (273.6(g)(2)).
Section 29825(d) requires the Judicial Council to put notice of the prohibition on every protective order issued in California, and the order must say that firearms must be relinquished to local law enforcement or sold or transferred to a licensed dealer, and state when proof of that must be filed. The deadline is printed on the order you were given. Missing it is its own problem, separate from any contact.
If you have been accused of a violation
An arrest for violating an order usually lands while the original case or order is still open, so the first steps are about not adding to it.
- Stop all contact, including replies. Do not answer messages from the protected person, and do not send messages through friends or relatives. Contact through an attorney is the safe channel where the order allows it.
- Find every order that names you. Note the court, the form number, the date you were served or first saw it, and the expiration date. Two orders can mean two statutes.
- Keep the messages. Do not delete texts, call logs or voicemails, including the ones the other person started. They are evidence on the knowledge, ability and intent questions.
- Deal with any firearm deadline now. Follow the relinquishment instructions on the order and keep the receipt.
- Talk to defense counsel before talking to a detective. A follow-up call about "your side of it" is part of the investigation.
The Law Office of Aaron P. McAllister is a criminal defense practice at 3415 S Sepulveda Blvd, Suite 1100, Los Angeles, serving Los Angeles, Orange and Riverside counties. The first conversation is free, confidential, and with Aaron, not an intake service; the line is answered 24/7 at (310) 881-2786. You can request a confidential case review here.
Protective order violations in Los Angeles
Most PC 273.6 cases in LA start with a call to police about contact, often a text or a visit. The order's exact terms decide whether a violation happened.
| In LA | What it means for you |
|---|---|
| Who files | Inside LA city limits, the City Attorney files most violations as misdemeanors; the District Attorney files felony violations. |
| Where heard | Usually the same courthouse that issued the order, such as Foltz downtown, the Airport Courthouse or Van Nuys. |
| Evidence | Bring the order itself. The wording of each term matters more than most people expect. |
We take cases from across Los Angeles County, including Downtown LA, Koreatown, Hollywood, Echo Park and Boyle Heights; Santa Monica, Venice, West LA, Culver City, Westchester and Beverly Hills; Torrance, Long Beach, San Pedro, Inglewood, Hawthorne and Compton.
Frequently asked questions
What is PC 273.6 in California?
Penal Code 273.6 makes it a misdemeanor to intentionally and knowingly violate a family court or civil protective order. It covers Family Code protective orders, civil harassment, workplace violence and school violence orders, and elder abuse orders. A first violation carries up to one year in county jail, a fine of up to $1,000, or both.
Is violating a protective order a felony in California?
A first violation under PC 273.6 is a misdemeanor. A second conviction within seven years involving violence or a credible threat, or a second conviction for an act within one year of a prior that causes injury, can be charged as a felony under Penal Code 1170(h).
What is the difference between PC 273.6 and PC 166(c)(1)?
PC 273.6 covers family court and civil protective orders. PC 166(c)(1) covers criminal protective orders under Penal Code 136.2 and certain probation, post-conviction and Family Code 6320 or 6389 orders. Both carry a base penalty of up to one year in county jail, a fine of up to $1,000, or both, but the injury and repeat-offense penalties differ.
Can I be charged if the protected person contacted me first?
Yes. Penal Code 13710(b) says a protection order stays enforceable regardless of what the parties do and can be changed only by the court. The protected person's invitation is not a defense, and the order restrains you, not the person it protects.
What does the prosecution have to prove for a PC 273.6 violation?
Under CALCRIM No. 2701, the prosecution must prove a court issued a qualifying written order, you knew of it, you were able to follow it, and you intentionally violated it. It must show you had the opportunity to read the order, but not that you actually read it.
What happens if the violation caused an injury?
Under PC 273.6(b), a violation that results in physical injury carries 30 days to one year in county jail, a fine of up to $2,000, or both. The court may reduce or eliminate the 30-day minimum, for reasons stated on the record, if the person has served at least 48 hours.
Can I keep my guns while a protective order is in effect?
Not if the order prohibits firearms, which California orders must give notice of. Owning or possessing a firearm while prohibited is punishable under Penal Code 29825(b) by up to one year in county jail, a fine of up to $1,000, or both, and buying or receiving one can be punished by state prison.
Sources: California Penal Code sections 166, 273.6, 13710 and 29825 and Family Code section 6218 (California Legislative Information, read 2026-10-09); Judicial Council of California, CALCRIM No. 2701, 2026 edition; California Department of Justice, Crime in California 2024, Table 48.
Law Office of Aaron P. McAllister. Aaron P. McAllister, Esq., responsible attorney. 3415 S Sepulveda Blvd, Suite 1100, Los Angeles, CA 90034. Attorney advertising. This page is general information about California law, not legal advice. Past results do not guarantee a similar outcome; every case turns on its own facts. Submitting information through this website does not create an attorney-client relationship. Law stated as of October 9, 2026.