Los Angeles Violation of a Restraining Order Defense: Understanding California PC § 273.6 Charges

Facing violation of a restraining or protective order charges in Los Angeles can lead to serious consequences, including jail time, fines, and a criminal record that impacts your employment and personal life. Under California Penal Code § 273.6, violating a court-issued restraining or protective order, such as those issued in domestic violence or stalking cases, is illegal. At Rogers | Beltran LLP, our experienced Los Angeles violation of a restraining order defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome. Below, we explain violation of a restraining order charges, what the prosecution must prove, common defenses, potential penalties, and critical information to help you navigate these charges.

What is Violation of a Restraining or Protective Order in California?

California Penal Code § 273.6 makes it a crime to knowingly and intentionally violate a court-issued restraining or protective order, such as a domestic violence protective order, civil harassment restraining order, or stalking protective order. These orders typically prohibit contact, proximity, or specific actions toward a protected person. Key aspects include:

1. Misdemeanor Violation of a Restraining Order (PC § 273.6(a))

  • Description: Involves knowingly violating a restraining or protective order issued by a court, such as contacting a protected person or coming within a specified distance.
  • Key Factors: Typically a misdemeanor for first offenses without aggravating factors.

2. Felony Violation of a Restraining Order (PC § 273.6(d))

  • Description: Involves violating a restraining order with a prior conviction for the same offense within seven years or if the violation involves credible threats or violence.
  • Key Factors: A felony; carries harsher penalties due to prior violations or aggravating circumstances.

3. Related Charges

  • Description: Violation of a restraining order may be charged alongside related offenses, such as:
    • PC § 646.9 (stalking).
    • PC § 273.5 (domestic violence).
    • PC § 422 (criminal threats).
  • Key Factors: Multiple charges can increase penalties and complicate defense strategies.

4. Types of Restraining Orders

  • Domestic Violence Restraining Orders (Family Code § 6200 et seq.): Issued in cases involving abuse or threats by a family member or intimate partner.
  • Civil Harassment Restraining Orders (Code of Civil Procedure § 527.6): Issued for harassment by non-family members or acquaintances.
  • Criminal Protective Orders (PC § 136.2): Issued in criminal cases to protect victims or witnesses.
  • Key Factors: The type of order affects the case’s complexity and potential penalties.

What the District Attorney Must Prove in a Violation of a Restraining Order Case

To secure a conviction under PC § 273.6, the Los Angeles DA must prove the following elements beyond a reasonable doubt:

  1. Valid Restraining Order: A court issued a valid restraining or protective order against you.
  2. Knowledge: You knew of the restraining order and its terms (e.g., through court notification or personal service).
  3. Intentional Violation: You intentionally violated a term of the order, such as contacting or approaching the protected person.
  4. No Lawful Excuse: You had no legal justification for violating the order.

For Felony Violation (PC § 273.6(d)):

  • Prior Conviction: You had a prior conviction for violating a restraining order within seven years.
  • Threats or Violence: The violation involved a credible threat or act of violence.

The DA relies on evidence such as court records, victim testimony, text messages, emails, or police reports. An experienced Los Angeles violation of a restraining order attorney at Rogers | Beltran LLP can challenge this evidence to weaken the prosecution’s case.

Common Defenses to Violation of a Restraining Order Charges in Los Angeles

A skilled defense attorney can employ several strategies to fight PC § 273.6 charges. Common defenses include:

  1. No Knowledge of the Order:
    • If you were unaware of the restraining order, you may not be guilty.
    • Example: The order was never properly served to you.
  2. No Intentional Violation:
    • If the violation was accidental or unintentional, the charge may not apply.
    • Example: You unknowingly encountered the protected person in a public place.
  3. False Allegations:
    • Charges may stem from misunderstandings or false claims, often in domestic or personal disputes.
    • Example: The protected person falsely reported contact to retaliate after a breakup.
  4. Invalid Restraining Order:
    • If the order was not legally valid (e.g., expired or improperly issued), the charge may be dismissed.
    • Example: The court failed to follow proper procedures when issuing the order.
  5. Insufficient Evidence:
    • The prosecution may lack evidence to prove you violated the order or acted intentionally.
    • Example: No messages or witnesses confirm the alleged contact.
  6. Protected Conduct:
    • If your actions were lawful and did not violate the order’s terms, you may not be guilty.
    • Example: You contacted the protected person about a legal matter allowed by the order, such as child custody arrangements.

At Rogers | Beltran LLP, our Los Angeles violation of a restraining order defense lawyers will thoroughly investigate your case to identify the most effective defense strategy.

Potential Penalties for Violation of a Restraining Order Convictions in California

Penalties for violating a restraining or protective order under PC § 273.6 depend on whether the charge is a misdemeanor or felony and your criminal history. As of July 14, 2025, potential consequences include:

Misdemeanor Violation of a Restraining Order (PC § 273.6(a))

  • Jail Time: Up to 1 year in county jail.
  • Fines: Up to $1,000 (plus court fees).
  • Probation: Up to 3 years of informal probation, often with conditions like counseling or community service.
  • Restraining Order Extension: The existing order may be extended or modified.

Felony Violation of a Restraining Order (PC § 273.6(d))

  • Prison Time: 16 months, 2, or 3 years in state prison.
  • Fines: Up to $10,000 (plus fees).
  • Probation: Formal probation with conditions like restitution or domestic violence classes.
  • Felony Record: Impacts employment, housing, and professional licenses.
  • Strike Offense: May count as a “strike” under California’s Three Strikes Law if violence was involved.

Additional Consequences

  • Immigration Consequences: Non-citizens may face deportation or visa issues.
  • Employment Challenges: A criminal record can limit job opportunities, especially in roles requiring background checks.
  • Professional License Impacts: Affects licenses for professions like law, healthcare, or security.
  • Civil Lawsuits: The protected person may sue for emotional distress or other damages.

What Else Should You Know About Violation of a Restraining Order Charges in Los Angeles?

Violation of a restraining or protective order charges under PC § 273.6 are strictly enforced in California, particularly in Los Angeles’s urban environment, where domestic violence and harassment cases are prevalent. Here are additional details to understand:

The Violation of a Restraining Order Charge Process in Los Angeles

  1. Investigation: Police investigate based on complaints from the protected person, digital evidence (e.g., texts, calls), or witness statements, often involving domestic violence units.
  2. Arrest and Booking: You may be arrested and released on bail or your own recognizance.
  3. Court Proceedings: Your case involves arraignment, pre-trial motions, and possibly a trial. Plea deals may reduce charges to lesser offenses like disturbing the peace (PC § 415).
  4. Diversion Programs: For misdemeanor charges, judicial diversion (PC § 1001.95) may be available for first-time offenders, dismissing charges upon completion of conditions.

Why You Need a Los Angeles Violation of a Restraining Order Attorney

Navigating PC § 273.6 charges requires legal expertise due to complex evidence and severe consequences. An experienced attorney at Rogers | Beltran LLP can:

  • Challenge the prosecution’s evidence, such as proof of knowledge or intent, to seek dismissal or reduction of charges.
  • Negotiate plea deals to lesser charges like trespassing or disturbing the peace.
  • Represent you in court to protect your rights and future.
  • Mitigate impacts on your employment, professional licenses, or immigration status.

How to Protect Yourself After a Violation of a Restraining Order Charge

  1. Do Not Discuss the Case: Avoid talking about the incident with anyone except your attorney, as statements can be used against you.
  2. Document Evidence: Keep records of communications, court documents, or witnesses supporting your defense (e.g., proof you were unaware of the order).
  3. Hire an Attorney Immediately: Early intervention can lead to dismissed charges or reduced penalties.
  4. Comply with Court Orders: Strictly follow any existing restraining order or bail conditions to avoid additional charges.

Los Angeles-Specific Considerations

  • Urban Context: Los Angeles’s diverse settings (e.g., Hollywood, Downtown) increase allegations of restraining order violations, especially in domestic disputes or neighbor conflicts.
  • Local Courts: Cases are typically heard in courts like the Los Angeles Superior Court or Van Nuys Courthouse, each with unique procedures.
  • Police Enforcement: LAPD aggressively pursues violations, particularly in domestic violence cases, using digital evidence and victim interviews, which can be challenged for procedural errors.

Contact Rogers | Beltran LLP for Expert Violation of a Restraining Order Defense in Los Angeles

A California violation of a restraining order charge under PC § 273.6 doesn’t have to define your future. At Rogers | Beltran LLP, our dedicated Los Angeles violation of a restraining order attorneys are committed to protecting your rights and fighting for the best possible outcome. Whether you’re facing a misdemeanor or felony charge, we have the expertise to build a strong defense.

Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you navigate the legal process and safeguard your future.