Violating a restraining order in California is a criminal offense. Here’s what you need to know — whether you’re the protected person or the restrained person.
Is It a Crime?
Yes. California Penal Code § 273.6 makes it a criminal offense to violate any restraining order. This includes: – Coming within the ordered stay-away distance – Contacting the protected person by phone, text, email, or social media – Sending messages through third parties – Going to the protected person’s home, work, or school – Possessing firearms when ordered to surrender them – Refusing to move out when ordered to do so
Penalties
First Offense (Misdemeanor)
- Up to 1 year in county jail
- Up to $1,000 fine
- Probation with restraining order conditions
- Mandatory batterer’s intervention program (for DV orders)
With Physical Injury (Can Be Felony)
- Felony or misdemeanor (prosecutor’s choice)
- Up to 3 years in state prison (if felony)
- Up to $10,000 fine
- Restitution to the victim
Second Violation Within 1 Year
- Mandatory minimum 48 hours in jail
- Up to 1 year in jail (misdemeanor) or 3 years in prison (felony)
With a Prior DV Conviction
- Can be charged as a felony even without physical injury
- Up to 3 years in prison
What to Do If Your Order Is Violated
1. Call 911 Immediately
If you feel in danger, call 911. Tell the dispatcher you have an active restraining order and it’s being violated. Officers will respond and can arrest the person on the spot.
2. Document Everything
- Screenshot texts, calls, and messages
- Save voicemails
- Take photos if the person comes to your location
- Note the date, time, and exactly what happened
- Get names of any witnesses
3. File a Police Report
Even if you don’t feel in immediate danger, file a police report for every violation. This creates a paper trail that: – Supports criminal prosecution – Helps when you request to renew or strengthen your order – Shows a pattern of behavior
4. Report to the Court
File a declaration with the court documenting the violations. This can result in: – Extending the restraining order – Modifying the order with stricter terms – Contempt of court charges
How Superior Court Docs Can Help
If you need to modify or extend a restraining order due to violations, Superior Court Docs can prepare the necessary documents. 📞 (213) 973-7248 or contact us.
Related: California Restraining Orders Guide | Restraining Order Hearing Guide
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