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DVRO Violation Defense in California | Penal Code 273.6 Attorney | Power Trial Lawyers
You got a phone call from someone you thought you could trust, or you responded to a text you should have ignored, or you walked into a grocery store and saw the protected party standing in the next aisle. Now you are facing criminal charges. A domestic violence restraining order violation under Penal Code § 273.6 is a criminal offense that can result in jail time, probation, fines, and permanent damage to your record. Even if the protected party reached out first, you can still be accused. And even “accidental,” contact can turn into a violation case if police believe you stayed, approached, or responded.
Unlike the DVRO hearing itself, which is a civil proceeding, a violation charge is a criminal case. You face a prosecutor, a criminal court judge, and the possibility of incarceration. The stakes are fundamentally different, and so is the defense strategy. Power Trial Lawyers handles restraining order violation defense across Southern California, defending clients against both misdemeanor and felony Penal Code § 273.6 charges in Los Angeles, Orange County, Riverside, San Bernardino, and San Diego.
Power Trial Lawyers focuses heavily on restraining order violation defense and has handled hundreds of Penal Code § 273.6 cases across Southern California. Our practice concentrates on criminal DVRO violations, not just civil restraining order hearings, allowing us to defend these cases strategically from arrest through trial.
Fast Answer: DVRO Violation Charges Under Penal Code § 273.6
Violating a DVRO is generally charged under Penal Code § 273.6(a) as a misdemeanor punishable by up to one year in county jail and/or a fine of up to $1,000. If the alleged violation resulted in physical injury, Penal Code § 273.6(b) provides enhanced misdemeanor penalties, including a minimum jail term that can apply and a fine of up to $2,000. For certain repeat-violation scenarios involving violence or a credible threat of violence, Penal Code § 273.6(d) allows felony filing (punishable under Penal Code § 1170(h)).
The prosecution must prove that a valid court order existed, you had knowledge of the order, and you willfully violated a specific term. “Willfully” means intentionally, not accidentally.
If you have been arrested or charged with a restraining order violation, contact a criminal defense attorney immediately. Do not make any statements to law enforcement without legal counsel.
Power Trial Lawyers provides DVRO violation defense across Los Angeles, Orange County, Riverside, San Bernardino, and San Diego. Call 888-808-2179.
What to Do Right Now After an Arrest, Citation, or Police Contact for a DVRO Violation
If police contacted you, cited you, or arrested you for a Penal Code § 273.6 allegation, the next 24 to 48 hours shape the entire case. Take these steps immediately:
- Say nothing about the facts to law enforcement. Do not explain. Do not try to clear it up. Ask for a lawyer and stop talking.
- Get the exact restraining order paperwork and read it line by line (DV-110 or DV-130). The defense starts with what the order actually prohibits.
- Treat zero contact as zero contact. Do not respond even if the protected party reaches out first. Let counsel handle communications and court requests.
- Preserve evidence now. Save full message threads, call logs, voicemails, location data, receipts, and any surveillance footage before it is overwritten.
- Write a clean timeline while your memory is fresh. Include dates, times, locations, who was present, and what you did when you realized the protected party was nearby.
- Identify witnesses and third-party proof (store employees, friends, rideshares, building logs). Get names and contact information before people disappear.
- Do not post about the case and do not contact mutual friends to tell your side. That creates new evidence for the prosecution.
- Contact a criminal defense attorney immediately. A Penal Code § 273.6 case moves fast, and early evidence wins cases.
What Is a DVRO Violation Under Penal Code § 273.6?
Elements of Penal Code § 273.6
A Penal Code § 273.6 charge requires proof of:
- Existence of a valid restraining order
- Actual knowledge of the order by the restrained party
- Willful violation of a specific term of the order
These elements must be proven beyond a reasonable doubt in criminal court. Civil DVRO standards do not apply.
Penal Code § 273.6 makes it a crime to intentionally and knowingly violate any term of a protective or restraining order issued under California’s Domestic Violence Prevention Act (Family Code § 6200 et seq.). The statute applies to both temporary restraining orders and permanent DVROs.
A “violation” can include any conduct that breaches a specific term of the order. Common violations include direct contact with the protected party by phone, text, email, or in person; contact through a third party who delivers messages on the respondent’s behalf; going to or remaining near the protected party’s home, workplace, school, or vehicle in violation of stay-away provisions; possessing firearms or ammunition in violation of a surrender order; and returning to a shared residence in violation of a move-out order.
The scope of what constitutes a violation depends entirely on the specific terms of the order. Every DVRO is different. The restrictions checked on form DV-110 (temporary order) or DV-130 (permanent order) define exactly what conduct is prohibited. Restraining order violation defense starts with a careful reading of the order itself to determine whether the alleged conduct actually falls within its terms.
What the Prosecution Must Prove
To convict under Penal Code § 273.6, the prosecution must prove all three elements beyond a reasonable doubt:
- A valid restraining order was in effect
- The restrained party had actual knowledge of the order and its terms
- The restrained party willfully violated a specific provision of the order
Failure to prove any one of these elements requires dismissal or acquittal.
The prosecution must establish that a court issued a valid restraining order under the Domestic Violence Prevention Act, the restrained party had actual knowledge of the order and its terms, and the restrained party willfully violated a specific provision of the order.
The “Willful” Requirement
This is the most important element for the defense. “Willfully” means the restrained party acted intentionally and on purpose. It does not require that the restrained party intended to break the law, but it does require that the prohibited conduct was deliberate rather than accidental. If you encountered the protected party by chance at a public location and immediately left, that is likely not a willful violation. If you did not know a restraining order had been issued because you were never properly served, you cannot willfully violate an order you did not know existed.
The “Knowledge” Requirement
The prosecution must prove you knew about the order. Knowledge is typically established through proof of service showing you were personally served with the TRO or DVRO. If service was defective, if you were never actually served, or if the proof of service is inaccurate, the knowledge element fails. Without knowledge, there is no crime.
The Penalties Under PC § 273.6 Depend on the Alleged Facts and History
Penal Code § 273.6 has multiple penalty tracks, and charging decisions depend on the allegation (injury, violence/credible threat, prior convictions) and the proof. The most common frameworks are:
Standard first offense (no injury alleged): Penal Code § 273.6(a) is a misdemeanor punishable by up to one year in county jail and/or a fine of up to $1,000.
If the violation allegedly resulted in physical injury: Penal Code § 273.6(b) increases exposure, including a fine of up to $2,000 and a minimum jail term that may apply (with a statutory mechanism allowing the court, for stated reasons, to reduce or eliminate the 30-day minimum if at least 48 hours is served).
Repeat violation involving violence or a credible threat (within seven years): Penal Code § 273.6(d) may be filed as a felony (punishable under Penal Code § 1170(h)) or as a misdemeanor (up to one year).
Repeat violation with injury (within one year of a prior conviction): Penal Code § 273.6(e) increases penalties further and may also be filed as a felony under Penal Code § 1170(h), with a higher minimum-jail framework on the misdemeanor side (and a statutory mechanism to reduce/eliminate the minimum if at least 30 days is served).
Collateral Consequences
Beyond the direct criminal penalties, a Penal Code § 273.6 conviction creates additional problems. It can be used as evidence to support renewal of the DVRO. It strengthens the petitioner’s position in any pending custody proceedings. It adds a criminal conviction to your record that appears on background checks. For non-citizens, a conviction may trigger deportation proceedings or affect immigration applications. And it can influence sentencing in any related or future criminal case. Restraining order violation defense must account for these collateral consequences, not just the immediate criminal exposure.
Common Defenses to Penal Code § 273.6 Charges
Effective restraining order violation defense commonly involves:
- Lack of proper service or knowledge of the order
- Accidental or coincidental contact (no willful conduct)
- False or exaggerated violation claims
- No proof of direct or indirect contact
- Conduct outside the specific terms of the order
- Protected party initiated contact
- Insufficient evidence of intent
Each case turns on evidence, service records, and the exact language of the DVRO.
Common DVRO Violation Scenarios
Scenario 1: The Protected Party Contacted You First
The protected party sent you a text message. You responded. Now you are charged with a violation. This is one of the most common and most frustrating scenarios in restraining order violation defense. The critical point: a restraining order restricts the restrained party, not the protected party. Even if the protected party initiates contact, you can still be charged for responding. The protected party cannot give you “permission” to violate the order. Only the court can modify the order’s terms. However, the fact that the protected party initiated contact is relevant to your defense and can be presented to the judge or jury.
Scenario 2: You Ran Into the Protected Party by Accident
You walked into a restaurant, a store, or a public event and the protected party was already there. You did not know they would be there. You did not approach them. A bystander or the protected party called the police. Accidental encounters in public places are not willful violations if you left promptly upon discovering the protected party’s presence. The prosecution must prove you intentionally went to a location knowing the protected party would be there, or that you remained after becoming aware of their presence.
Scenario 3: A Third Party Delivered a Message
You asked a friend or family member to relay a message to the protected party. This constitutes indirect contact and is a violation of most DVROs, which prohibit contact “directly or through any other person.” The defense depends on the specific facts. Did you actually ask the third party to deliver the message, or did they do it on their own? Power Trial Lawyers examines the evidence to determine whether the prosecution can prove you directed the communication.
Scenario 4: You Did Not Know the Order Existed
The petitioner obtained a TRO, but you were never served. You continued living your life, contacted the petitioner as usual, and were arrested for a violation. If you were not properly served with the order, the prosecution cannot prove the knowledge element. Defective service or lack of service is often a complete defense to Penal Code § 273.6 charges. The burden is on the prosecution to prove you knew about the order.
Scenario 5: The Protected Party Fabricated the Violation
The protected party claims you showed up at their home or called them, but you were somewhere else entirely. You have no contact records supporting their claim. The protected party has a motive to fabricate because a violation strengthens their DVRO renewal case or custody position. False violation accusations happen, and defending against them requires alibi evidence, phone records, GPS data, and witness testimony that contradicts the protected party’s account.
How Power Trial Lawyers Defends DVRO Violation Charges
Restraining order violation defense in a criminal case requires a different skill set than defending the civil DVRO proceeding. You are now facing a prosecutor, a jury trial right, and the beyond-a-reasonable-doubt standard. Here is how Power Trial Lawyers approaches these cases:
Challenging the “Willful” Element
If the contact was accidental, unintentional, or the result of circumstances beyond your control, the prosecution cannot prove willfulness. We gather evidence showing the encounter was coincidental, including surveillance footage, witness testimony, GPS records, and proof that you left promptly. If the protected party came to you rather than the other way around, that evidence is central to the defense.
Challenging Knowledge and Service
If you were never properly served with the restraining order, you cannot be convicted. We review the proof of service for defects, including incorrect addresses, improper methods of service, or fraudulent service declarations. If the prosecution cannot establish that you had actual knowledge of the order, the case fails.
Exposing False Violation Claims
When the protected party fabricates a violation to strengthen their DVRO renewal or custody case, the defense focuses on disproving the alleged contact. Phone records showing no calls or texts were made, cell tower data placing you elsewhere, alibi witnesses, and social media activity timestamps can all demonstrate that the alleged violation never occurred. Power Trial Lawyers investigates false violation claims with the same rigor applied to false DVRO allegations.
Analyzing the Order’s Specific Terms
Not every interaction constitutes a violation. The charged conduct must fall within the specific prohibitions checked on the order. If the order prohibits contact but does not include a stay-away provision, being in the same location is not a violation. If the order allows for brief and peaceful contact for child custody exchanges, communication related to those exchanges is permitted. We analyze the exact language of the order to determine whether the alleged conduct actually violates its terms.
Negotiating with Prosecutors
In cases where the evidence is mixed, Power Trial Lawyers negotiates with the prosecution for reduced charges, diversion programs, or dismissal. First-time violations without violence are often candidates for favorable plea outcomes or pretrial diversion, particularly when the restrained party can demonstrate the contact was minimal, non-threatening, and unlikely to recur. Effective restraining order violation defense sometimes means avoiding trial entirely through strategic negotiation.
What Happens If I Accidentally Violate a DVRO in California?
An accidental violation is not a criminal offense if it was truly unintentional. Penal Code § 273.6 requires a willful act. If you encountered the protected party by coincidence at a public location and left immediately, you have a strong defense. The challenge is proving the encounter was accidental. Contemporaneous evidence matters: if you can show you had no reason to expect the protected party would be at that location and that you departed as soon as you became aware of their presence, the willfulness element is not satisfied. Document everything immediately after an accidental encounter, including the time, location, and any witnesses.
Is Violating a Restraining Order a Felony or Misdemeanor in California?
It depends on the circumstances. A standard first offense under Penal Code § 273.6 is a misdemeanor. However, the charge becomes a wobbler (chargeable as either a misdemeanor or felony) when the violation involves violence or a credible threat of violence, or when the restrained party has a prior conviction for violating a restraining order. The prosecutor has discretion in deciding how to charge the case, and factors like the nature of the contact, the restrained party’s criminal history, and whether the protected party was harmed all influence that decision.
Can I Be Charged If the Protected Party Contacted Me First?
Yes. The restraining order binds the restrained party, not the protected party. If the protected party calls you and you answer, you can be charged. If the protected party invites you to their home and you go, you can be charged. The protected party does not have the authority to waive or modify the court’s order. Only the court can change the terms. That said, evidence that the protected party initiated contact is relevant to your defense. It can support arguments about lack of willfulness, entrapment-like conduct, and the credibility of the protected party’s claim that they felt threatened or harassed. Power Trial Lawyers uses this evidence aggressively in restraining order violation defense cases.
What Does the Prosecution Have to Prove for a Penal Code § 273.6 Charge?
The prosecution must prove three elements beyond a reasonable doubt: a valid restraining order was in effect, the restrained party knew about the order and its specific terms, and the restrained party willfully violated a provision of the order. If any one of these elements is not proven, the charge fails. The beyond-a-reasonable-doubt standard is the highest standard in American law, and it applies to every element. This is a significant advantage for the defense compared to the civil DVRO proceeding where the standard is only preponderance of the evidence.
Can a DVRO Violation Charge Be Dismissed?
Yes. DVRO violation charges can be dismissed for insufficient evidence, defective service of the underlying order, proof that the violation was not willful, prosecutorial agreement to diversion or alternative resolution, or successful pretrial motions challenging the evidence. Every case is different. Power Trial Lawyers evaluates the specific facts and evidence to identify the strongest path toward dismissal or reduction of charges.
Can I Go to Jail for Texting Someone With a Restraining Order Against Me?
Yes. Sending a text message to the protected party while a DVRO is in effect is a violation of the no-contact provision. It does not matter if the text was friendly, apologetic, or about the children. Any direct communication violates the order unless the order specifically allows limited contact for a defined purpose such as custody exchanges. A single text message can result in arrest, criminal charges, and up to one year in jail for a first offense. If you need to communicate about children or logistics, do so only through an attorney or through a method specifically authorized by the court order.
What If I Did Not Know the Restraining Order Existed?
If you were not properly served with the restraining order and had no actual knowledge of its existence, you have a complete defense. The prosecution must prove you knew about the order. Knowledge is typically established through a valid proof of service. If service was never completed, was completed improperly, or the proof of service contains inaccuracies, the knowledge element cannot be established. Power Trial Lawyers reviews service records in every restraining order violation defense case because defective service is one of the most effective grounds for dismissal.
What Should I Do If I Am Arrested for Violating a Restraining Order?
Do not make any statements to the police beyond identifying yourself. Do not try to explain what happened. Do not contact the protected party to discuss the arrest. Anything you say will be used against you. Contact a criminal defense attorney immediately. If you cannot reach an attorney before your arraignment, enter a plea of not guilty and request a continuance to retain counsel. Preserve any evidence that supports your defense: text message logs, phone records, GPS data, surveillance footage, and contact information for any witnesses. Time-sensitive evidence like security camera footage can be overwritten quickly, so act fast.
Is a Second DVRO Violation a Felony in California?
Not automatically, but the penalties increase significantly. A second conviction under Penal Code § 273.6 within seven years carries a mandatory minimum of 48 hours in jail. The charge remains a misdemeanor unless the violation involved violence or a credible threat, in which case the prosecutor can file felony charges. As a practical matter, prosecutors are far more likely to seek jail time and less likely to offer diversion on a second violation. A prior violation also damages your credibility in any pending DVRO or custody proceedings.
Southern California Restraining Order Violation Defense
DVRO violation charges are prosecuted in the criminal division of the Superior Court in the county where the alleged violation occurred. Power Trial Lawyers defends Penal Code § 273.6 cases across all five major Southern California counties. Criminal court procedures, prosecutorial tendencies, and judicial approaches to sentencing vary by courthouse, and local experience directly affects case outcomes.
Los Angeles County
Los Angeles County prosecutes DVRO violation cases at criminal courthouses throughout the county. Power Trial Lawyers handles these cases at Stanley Mosk Courthouse, Van Nuys Courthouse, Pasadena Courthouse, Long Beach Courthouse, Torrance Courthouse, Airport Courthouse, and Santa Monica Courthouse. The LA County District Attorney’s office handles high volumes of restraining order violation cases, and their approach varies by branch office.
Orange County
Orange County criminal matters are heard at the Central Justice Center, Lamoreaux Justice Center, Harbor Justice Center, North Justice Center, and West Justice Center. Orange County prosecutors tend to take DVRO violations seriously and often push for meaningful consequences even on first offenses.
Riverside County
Riverside County handles criminal DVRO violation cases at the Riverside Historic Courthouse, Southwest Justice Center in Murrieta, and Larson Justice Center in Indio.
San Bernardino County
San Bernardino County prosecutes these cases at the San Bernardino Justice Center, Rancho Cucamonga Courthouse, and Victorville Courthouse.
San Diego County
San Diego County hears criminal DVRO violation cases at the Central Courthouse, Vista Courthouse, and Chula Vista Courthouse. Power Trial Lawyers handles restraining order violation defense throughout San Diego County.
Charged With a DVRO Violation? Call Power Trial Lawyers Now
A restraining order violation charge is a criminal case with real consequences. Jail time, a criminal record, probation conditions, and lasting damage to your custody and immigration situations are all on the table. Whether the violation was accidental, fabricated by the protected party, or the result of a moment of poor judgment, you need a DVRO violation defense. You need an experienced criminal defense attorney who understands restraining order violation defense from every angle.
Power Trial Lawyers has defended hundreds of Penal Code § 273.6 cases across Southern California. We challenge the evidence, expose false accusations, and fight for dismissals, reductions, and acquittals.
Call 888-808-2179 now for an immediate consultation. You can also reach us through the Power Trial Lawyers contact page. If you have been arrested or charged, do not wait. The earlier we get involved, the stronger your defense.