California Penal Code §273.6 — Violation of a Protective Order
PC §273.6 punishes any intentional and knowing violation of a protective order — EPO, DVRO, CLETS, criminal-protective order, or civil restraining order. First offense is a misdemeanor. Repeat violations, or a violation involving violence or threats of violence, becomes a wobbler with state-prison exposure.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Violation of a Protective Order Cases in All LA County Courts
01 — Quick Facts
PC §273.6 — Violation of a Protective Order at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §273.6 — Violation of Protective Order |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor (first offense); Wobbler on repeat or violent violation |
| Misdemeanor Penalty | Up to 1 year county jail; up to $1,000 fine |
| Felony Penalty | 16 months, 2, or 3 years state prison |
| Covered Orders | EPO, DVRO, CLETS, CPO, civil harassment TROs, workplace-violence orders |
| Firearm Ban | Federal Lautenberg Amendment plus PC §29825 California firearm relinquishment |
| Strike | No — but Lautenberg firearm-ban consequences are permanent |
| Immigration | Deportable domestic-violence offense under 8 USC §1227(a)(2)(E) |
| Companion Statute | Almost always filed alongside PC §273.5 or PC §422 |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §273.6?
What Is California Penal Code §273.6?
PC §273.6 Reads:
"Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure… is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment."
— California Penal Code §273.6(a)
§273.6 is the most commonly charged companion to PC §273.5 and PC §422 in Los Angeles domestic-violence filings. It criminalizes every knowing violation of a protective order — from a text message to an unexpected encounter — regardless of whether the protected party invited the contact. Under People v. Gonzalez, an alleged victim cannot consent their way out of a §273.6 violation once the order is in effect.
Types of Protective Orders Covered by §273.6
Emergency Protective Orders (EPO) issued at the scene, Domestic Violence Restraining Orders (DVRO) under Family Code §6218, Criminal Protective Orders (CPO) issued under PC §136.2, civil harassment orders (CCP §527.6), workplace-violence orders (CCP §527.8), and elder-abuse orders (CCP §527.85) are all §273.6-enforceable. The order shows up in the CLETS database and is knowingly violated the moment the restrained party makes contact.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §273.6
The prosecution must prove each element beyond a reasonable doubt (CALCRIM 2701).
Valid Court Order
A qualifying protective order was in effect at the time of the alleged violation.
Knowledge of the Order
Defendant knew the order existed.
Ability to Comply
Defendant had the ability to comply with the order.
Willful Violation
Defendant willfully did an act the order prohibited.
04 — Penalties
Penalties for PC §273.6 Violation of a Protective Order in California
§273.6 has a graduated penalty scheme keyed to prior convictions and whether the violation involved violence.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| First Offense (§273.6(a)) | PC §273.6(a) | Up to 1 year county jail; up to $1,000 fine | Available | No |
| Violation With Violence (§273.6(d)) | PC §273.6(d) | Wobbler — up to 1 yr jail or 16/2/3 state prison | Available | No |
| Second Conviction Within 7 Years (§273.6(e)) | PC §273.6(e) | Wobbler — up to 1 yr jail or 16/2/3 state prison | Available | No |
Sentencing Enhancements
Bodily Injury
PC §273.6(b)
Any physical injury caused during the violation adds a mandatory minimum 30 days county jail.
Firearm Ban
18 U.S.C. §922(g)(8) & PC §29825
Any §273.6 conviction implicates the federal Lautenberg firearm prohibition and California §29825 firearm-relinquishment order.
Custody Denial
Family Code §3044
Rebuttable presumption against custody for the restrained parent in family-court proceedings.
Additional Consequences Beyond Prison
- Federal firearm ban under 18 U.S.C. §922(g)(8) (Lautenberg)
- Mandatory batterer's-intervention program on many DV-related §273.6 filings
- Immigration: deportable DV offense under 8 USC §1227(a)(2)(E)
- Family-court custody presumption reversal under FC §3044
- Employment: peace-officer, teacher, and healthcare licenses affected
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §273.6 Violation of a Protective Order Charges
§273.6 defenses target the knowledge, willfulness, and validity-of-the-order elements.
No Knowledge
Defendant was never personally served and CLETS entry post-dated the alleged violation.
CALCRIM 2701
Accidental Contact
Encountering the protected party at a shared workplace, school, or court appointment is not willful — People v. Gonzalez.
Gonzalez
Protected Party Initiated Contact
Under People v. Kirk, invited contact by the protected party is not a legal defense — but it strongly supports diversion and reduction outcomes at plea.
Kirk
Facially Invalid Order
Orders issued without jurisdiction, with expired dates, or over the wrong protected class are not enforceable under §273.6.
Order Defect
PC §1001.95 Diversion
Judicial diversion is available on non-violence §273.6(a) misdemeanor filings and dismisses the case on completion.
AB 3234
Constitutional Sources
07 — Court Process
How PC §273.6 Violation of a Protective Order Cases Move Through Los Angeles Courts
§273.6 filings typically move through the DV calendar of the courthouse that issued the underlying order.
- 1
Step 1 — EPO / DVRO Issuance
The protective order enters the CLETS system, giving law enforcement statewide notice.
- 2
Step 2 — Alleged Violation Report
Any subsequent contact — text, phone, in-person — triggers a §273.6 investigation.
- 3
Step 3 — Arrest / Cite-and-Release
PC §836(c) makes any peace-officer-witnessed §273.6 violation a warrantless-arrest offense.
- 4
Step 4 — Arraignment
Bail is often held at the domestic-violence bail schedule; a stay-away CPO issues automatically.
- 5
Step 5 — Pretrial
Batterer's-program enrollment and drug/alcohol testing are frequently negotiated to reduce charges.
- 6
Step 6 — Trial or Plea
Non-violence §273.6(a) cases resolve routinely through PC §1001.95 diversion or negotiated misdemeanor pleas with counseling.
- 7
Step 7 — Sentencing / Firearm Relinquishment
PC §29825 firearm-relinquishment order is entered on any §273.6 conviction.
Los Angeles Courts That Handle PC §273.6 Violation of a Protective Order Cases
§273.6 cases are heard in the domestic-violence calendar of the courthouse that issued the underlying order.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Violation of a Protective Order Defense Attorney
Daniel S. Rubin has defended clients charged with violation of a protective order 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 §273.6 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Violation of a Protective Order Cases Throughout LA County
See our full Violation of a Protective Order defense practice
09 — FAQs
PC §273.6 Violation of a Protective Order Questions — Los Angeles
What if the protected party contacted me first?
Under People v. Kirk, the protected party's invitation is not a legal defense — but it strongly supports diversion, reduction, or dismissal outcomes at negotiation.
Does §273.6 trigger a firearm ban?
Yes. Any §273.6 conviction implicates the federal Lautenberg ban (18 USC §922(g)(8)) and PC §29825 firearm relinquishment.
Is a text message a violation?
Yes. Any contact prohibited by the order — text, DM, mutual-friend message, or in-person — is a §273.6 violation.
Can I get §273.6 dismissed through diversion?
Judicial diversion under PC §1001.95 is available on non-violence §273.6(a) cases and dismisses the charge on completion.
Available 24/7 — Free Consultation
Charged With PC §273.6 in Los Angeles?
Protective-order violations stack fast. Rubin Law, P.C. defends §273.6 cases in every LA DV courtroom. Call (213) 723-2337.