Violation Of A Restraining Order In California: PC 273.6
VIOLATING A RESTRAINING ORDER
Violation of a court order is usually a misdemeanor, but can be charged as a felony
Violating a Restraining Order in California is a misdemeanor under PC 273.6. However, there are circumstances that can make this offense chargeable as a felony. An intentional and knowing violation of a restraining order is charged as a misdemeanor. However, it may be charged as a felony if it is your second violation and the violation involved an act of violence. You could also be charged with a felony if the behavior amounts to Stalking.
What it means to violate a court order
There are two types of restraining order :
Civil, which are the result of a request by the victim at a civil hearing in which you can appear and dispute the issuing of the order
Criminal, which are standard issue in criminal cases and can be issued even over the victim’s objections.
When the court issues a restraining order or other anti-harassment order it comes with set conditions of what type of contact is not allowed. When an order says no contact, it means no contact. Some court may provide exceptions (for example they may allow you to have contact with your spouse, but you may not discuss the case, harass, or harm them). Exceptions of contact that is allowed would be listed in the order itself. When a restraining order has been issued you cannot contact that party in person, through electronic means, or pass messages through a third party. The order can also restrict you from going to places such as the victim’s residence, place of work, or school. They also usually come with a distance provision of how far away from the victim you must stay - which means should you run into the protected party somewhere in public you are required to leave immediately.
What if the victim allows the contact to happen?
Unfortunately, once the court has issued the order, the protected party does not have the power to modify or terminate the order - only the court does. Therefore if the order is in place you cannot contact the protected party even if they want you to and invite you to. Additionally they can contact you as much as they choose, as only you are restricted from contact by the order, the protected party is not. This can make it difficult for people who are restricted by these orders to resist the contact.
The victim can petition the court to change or terminate the order, but it is the court’s decision whether to do so or not. In cases where the victim does not want the order in place it is hard on everyone, as these orders can have the effect of tearing families apart. If you are following the rules of the court and staying out of trouble you stand a better chance of the court granting the protected party’s request.
Domestic Violence Charges
Violation of a Restraining Order is often a crime of domestic violence. This is because there is usually a relationship between the person being charged and the alleged victim. Domestic violence does not define what the offense is, it only is a designator of a relationship between the parties which can be a dating, roommate, or familial relationship. For a detailed overview of what makes a charge a domestic violence charge, and what the consequences are, please read our article on them, here.
What are the potential consequences of a charge for Violation of a No Contact Order?
As outlined above, this charge is a gross misdemeanor, which has higher punishments than a regular misdemeanor. However, in certain situations it can be charged as a felony.
These potential consequences include:
Jail or Prison Time
For a misdemeanor the possible jail time is 0-364 days
As a felony, this charge carries the possibility of prison time, which is incarceration for more than one year. Time less than one year is served at local jail. The potential for this charge is 0-3 years.
Some alternatives to jail are community service, or electronic home monitoring
Probation
For a domestic violence offence this is a mandatory 5 year period.
Fines and Restitution
For a misdemeanor the possible fines range from $0-$1000
For a felony the possible fines range from $0-$10,000
Restitution is reimbursement do the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
Loss of Firearm Rights
If charged as domestic violence or a felony, you can lose your right to possess a firearm for life
Read more about consequences of domestic violence charges here.
WHAT CAN I DO ABOUT A CHARGE FOR VIOLATION OF A RESTRAINING ORDER?
What should I do if I am accused of Violating a Restraining Order?
If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.
What should I do if I am charged with Violating a Restraining Order?
If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Read more about what to do if you have been arrested here, or charged with a crime here.
What if the alleged victim wants to drop the charges against me?
Sometimes the restraining order prohibits contact with a friend, partner or family. We have addressed this issue in detail in our article, here. However, the short answer is that the alleged victim cannot make the charges go away. Only the district attorney has control over whether or not charges will be filed, and you will need an attorney’s help to fight them on that. That being said, we can work with the district attorney to stop them from filing charges against you, and tell you how the victim’s participation, or lack thereof, in the case against you can impact your case.
Can I get my case dismissed?
The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial.
