High Stakes of Restraining Order Violations
Violating a restraining order in California can turn an already serious civil matter into a criminal prosecution with potentially life-altering consequences. Even what seems like a minor or unintentional violation—like responding to a text from the protected person—can lead to immediate arrest, criminal charges, and jail time. These cases are often treated harshly by prosecutors, especially in domestic violence situations.
Whether the restraining order was issued as part of a family court case, a criminal case, or a civil harassment dispute, any alleged violation is prosecuted under California Penal Code §273.6. If you’ve been arrested or believe you may have violated an order, it’s essential to understand the law and contact a defense attorney immediately to protect your rights and minimize consequences.
What Is Considered a Restraining Order Violation?
California law makes it a crime to knowingly and intentionally violate the terms of a court-issued restraining order. Violations can include:
- Calling, texting, or emailing the protected person
- Showing up at the protected person’s home, work, or school
- Sending messages through third parties
- Owning or possessing firearms if prohibited
- Failing to move out of a shared residence as ordered
It doesn’t matter if the contact was initiated by the protected person. Courts expect you to follow the order until it is modified or terminated by a judge. A single violation—even if non-violent—can result in a misdemeanor arrest, with the potential for escalation if injuries or repeat offenses occur.
Types of Restraining Orders in California
Domestic Violence Restraining Orders
These are issued when someone claims to be abused or threatened by an intimate partner, spouse, former spouse, or family member. Violating a DVRO is considered especially serious under California law and often triggers aggressive prosecution.
Civil Harassment Orders
These apply when the parties are not in a close relationship—such as neighbors, roommates, coworkers, or acquaintances. Allegations of stalking, threats, or repeated unwanted contact may result in a civil harassment order, which carries the same weight in criminal court if violated.
Emergency Protective Orders (EPOs)
Law enforcement can request these short-term orders, usually valid for 5–7 days, when they respond to a domestic violence incident. They are issued quickly by a judge and may include provisions that you don’t even have a chance to contest until the follow-up hearing.
Temporary vs. Permanent Orders
A temporary restraining order (TRO) can be issued without your presence in court, and a permanent order may follow a contested hearing. Both carry the same force of law while active, and violations of either can result in criminal prosecution.