California Penal Code §166 — Contempt of Court
PC §166 punishes criminal contempt of court — disorderly, contemptuous, or insolent behavior toward the court; disobedience of a lawful court order; publication of false reports about court proceedings; and, most commonly, willful violation of a protective or restraining order. Base §166(a) is a misdemeanor up to 6 months county jail and $1,000 fine. §166(c)(4) makes a second or subsequent violation of certain domestic-violence restraining orders a wobbler with felony exposure up to three years.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Contempt of Court Cases in All LA County Courts
01 — Quick Facts
PC §166 — Contempt of Court at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §166 — Criminal Contempt of Court |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor (§166(a)); Wobbler (§166(c)(4) with prior) |
| Base Penalty | Up to 6 months county jail + fine up to $1,000 |
| §166(c)(4) Penalty | 16 months / 2 / 3 years state prison as felony wobbler |
| Moral Turpitude | Usually no — depends on underlying conduct |
| Strike | No |
| Probation | Standard on misdemeanor filings |
| Firearm Ban | 10-year California ban on misdemeanor conviction (PC §29805) |
| Immigration | Case-specific — DV-related §166(c) conduct may trigger 8 USC §1227(a)(2)(E) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §166?
What Is California Penal Code §166?
PC §166 Reads:
"(a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any contempt of court, of any of the following kinds, is guilty of a misdemeanor: (1) Disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority. ... (4) Willful disobedience of the terms as written of a process or court order or in-court order ... including orders pending trial. (c)(1) A willful and knowing violation of a protective order or stay-away court order ... is a misdemeanor punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment."
— California Penal Code §166(a), (c)
PC §166 codifies criminal contempt of court in California. It reaches a wide range of conduct: disruption of court proceedings, willful disobedience of a lawful court order, false reporting of proceedings, refusing to answer as a witness without legal cause, and — most commonly in practice — willful violation of protective orders, criminal stay-away orders, family-law restraining orders, and elder-abuse orders.
Two Main §166 Categories
In practice, §166 divides into (i) in-court contempt under (a)(1)–(a)(3) — disruption, disobedience of a bench order, insolence to the court; and (ii) protective-order violations under (a)(4) and (c)(1)–(c)(4) — willful violation of a written order. The overwhelming majority of §166 filings are protective-order violations arising from DV, workplace, elder-abuse, and civil-harassment orders.
PC §166(a) — Base Misdemeanor Contempt
Up to 6 months county jail + $1,000 fine. Covers in-court contempt and standard order violations.
PC §166(c)(4) — Wobbler on Prior
Second or subsequent DV-related order violation involving credible threat of violence — wobbler to 16m/2/3 years.
Why §166 Matters Beyond the Sentence
Even a misdemeanor §166(c) conviction triggers a 10-year California firearm prohibition under PC §29805, potential federal lifetime firearm prohibition where a DV-related order is involved (18 U.S.C. §922(g)(8)/(9), Bruen and Rahimi analysis), family-court and custody consequences, and, for immigrants, potential removal grounds under 8 USC §1227(a)(2)(E) if the violation involved threats, harassment, or repeated conduct in connection with a protective order.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §166
To convict under PC §166(c)(1) (the most common charge) the prosecution must prove each element beyond a reasonable doubt.
Valid Court Order
A protective, stay-away, or restraining order must be in effect at the time of the alleged violation. The order must be lawful, definite, and issued by a court with jurisdiction.
Knowledge of the Order
The defendant must have had actual knowledge of the order's terms — usually established by personal service or in-court receipt.
Ability to Comply
The defendant must have had the ability to obey the order at the relevant time.
Willful Violation
The defendant must have willfully — that is, on purpose — done an act that violated the order's terms.
04 — Penalties
Penalties for PC §166 Contempt of Court in California
PC §166 penalties are structured by subdivision and prior history.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Contempt / Standard Order Violation (§166(a)) | PC §166(a) | Up to 6 months county jail + $1,000 fine | Available | No |
| Protective-Order Violation (§166(c)(1)) | PC §166(c)(1) | Up to 1 year county jail + $1,000 fine | Standard | No |
| Second DV-Related Violation with Injury or Threat (§166(c)(4)) | PC §166(c)(4) | 16 months / 2 / 3 years state prison (wobbler) | Available | No |
| Fine | PC §166 / §672 | Up to $1,000 | Fine additional to custody | N/A |
Related Enhancements & Charges
Domestic Violence Injury
PC §273.5
Frequently charged alongside §166(c)(1) where physical contact occurred — separate wobbler up to 4 years.
Criminal Threats
PC §422
Where the violation involved a threat to cause GBI — wobbler with strike exposure.
Stalking
PC §646.9
Where the violation was part of a repeated course of conduct — wobbler with felony exposure up to 5 years.
Beyond the Sentence
- 10-year California firearm prohibition (PC §29805)
- Federal lifetime firearm prohibition where DV protective order involved (18 U.S.C. §922(g)(8) — post-Rahimi (2024))
- Family-court and custody consequences under Family Code §3044 rebuttable presumption
- Mandatory 52-week batterer's-treatment program on DV-related conviction
- Immigration exposure under 8 USC §1227(a)(2)(E) for protective-order violations
- Job / licensing disclosure obligations
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §166 Contempt of Court Charges
Rubin Law, P.C. attacks the elements of PC §166 and drives outcomes that avoid conviction where possible.
No Willful Violation
§166(c) requires a willful, on-purpose violation. Accidental encounters, incidental proximity in public places, and contact initiated by the protected party (People v. Gonzalez (2010)) fall outside the statute.
PC §7
Lack of Notice
The defendant must have had actual knowledge of the order. Deficient service, unclear terms, or failure to serve modifications can defeat the knowledge element.
PC §166(c)(1)
Order Invalidity
Orders issued without personal jurisdiction, orders expired at the time of alleged contact, or orders modified before the alleged violation are not enforceable under §166.
CCP §§1218 / 1209
Consent / Reconciliation
Where the protected party invited or initiated contact, People v. Gonzalez (2010) makes clear this does not vacate the order — but it strongly mitigates and often supports dismissal, reduction, or diversion.
Gonzalez (2010)
First Amendment Speech
In-court contempt under §166(a)(1) is limited by the First Amendment. Vigorous advocacy, protest, and criticism of the court — outside actual disruption of proceedings — are protected.
First Amendment
Mistaken Identity / Alibi
Third-party contact reports and social-media allegations often misidentify the actor. Rubin Law investigates digital-forensic identity and location evidence to defeat identification.
Digital forensics
Diversion / DEJ
PC §1001.95 misdemeanor diversion is available on first-offense §166(a) filings. On §166(c) DV-related filings, mental-health diversion (PC §1001.36) or batterer's-treatment resolution can achieve dismissal.
Constitutional Sources
07 — Court Process
How PC §166 Contempt of Court Cases Move Through Los Angeles Courts
PC §166 cases proceed through the following stages.
- 1
Step 1 — Investigation
Most §166(c) filings arise from a call to police by the protected party, followed by a report to the DA. Some arise from probation-supervision violations.
- 2
Step 2 — Filing / Arraignment
§166(a) and §166(c)(1)–(3) are misdemeanor filings in the criminal courthouse serving the location of the alleged violation. §166(c)(4) with prior is a wobbler.
- 3
Step 3 — Discovery & Order History
The prosecution's proof of a valid order, proof of service, and proof of the alleged act of violation. Rubin Law obtains the underlying order file and family-court record.
- 4
Step 4 — Pretrial Motions
PC §1538.5 suppression, PC §995 dismissal (on wobbler filings), diversion motions under §1001.95 / §1001.36, and Marsy's Law protected-party contact motions.
- 5
Step 5 — Diversion / Resolution
First-offense §166(a) misdemeanors are eligible for §1001.95 diversion. DV-related §166(c) violations often resolve through batterer's-treatment completion, mental-health diversion, or reduction.
- 6
Step 6 — Trial
Bench or jury trial on contested violations, typically 1–3 court days.
Los Angeles Courts That Handle PC §166 Contempt of Court Cases
PC §166 cases are filed in the courthouse serving the location of the alleged violation.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Contempt of Court Defense Attorney
Daniel S. Rubin has defended clients charged with contempt of court and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §166 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Contempt of Court Cases Throughout LA County
09 — FAQs
PC §166 Contempt of Court Questions — Los Angeles
What is PC §166?
PC §166 is California's criminal contempt statute. It punishes disruption of court proceedings, disobedience of court orders, false reports of proceedings, and — most commonly — willful violation of protective, stay-away, and restraining orders. Base violations are misdemeanors carrying up to 6 months county jail and a $1,000 fine.
Is §166 a felony?
§166(a) and §166(c)(1)–(3) are misdemeanors. §166(c)(4) — a second or subsequent DV-related order violation involving a credible threat of violence — is a wobbler with felony exposure of 16 months / 2 / 3 years in state prison.
Does a §166 conviction ban firearms?
Yes for misdemeanor §166(c) DV-related violations: California imposes a 10-year firearm prohibition under PC §29805, and federal law imposes a lifetime prohibition under 18 U.S.C. §922(g)(8) where an active DV protective order is involved (subject to Bruen and Rahimi (2024) analysis) or §922(g)(9) if the conviction qualifies as a misdemeanor crime of domestic violence.
What is the difference between §166(c)(1) and §273.6?
Both punish willful violation of a domestic-violence restraining order. In LA County, DAs most often file §273.6 for family-code DVRO violations and §166(c)(1) for criminal-court protective orders — but they overlap and are effectively interchangeable in most practical resolutions.
Is accidental contact a §166 violation?
No. §166 requires a willful violation. Accidental encounters, incidental proximity in a public place, and contact initiated by the protected party (People v. Gonzalez (2010)) do not satisfy the willfulness element — though the defendant must still take reasonable steps to leave when contact is discovered.
Can §166 be reduced or dismissed?
Yes. First-offense §166(a) filings are eligible for PC §1001.95 misdemeanor diversion. §166(c) DV-related filings often resolve via batterer's-treatment completion, mental-health diversion (§1001.36), or reduction to §166(a). Rubin Law negotiates for outcomes that preserve firearm and immigration rights.
Does §166 affect immigration status?
Sometimes. §166 is not categorically a CIMT, but §166(c) DV-related violations may trigger removal under 8 USC §1227(a)(2)(E) (crimes of DV / stalking / child abuse / protective-order violations). Non-citizens should never plead to §166(c) without immigration-informed counsel.
Available 24/7 — Free Consultation
Charged with Contempt of Court or Protective-Order Violation Under PC §166?
PC §166(c) violations trigger a 10-year California firearm ban, federal firearm exposure, and family-court consequences. Rubin Law, P.C. defends misdemeanor and wobbler contempt charges with diversion, reduction, and dismissal strategies.