What Are Restraining Orders in California?
A restraining order — also called a protective order — is a court order that restricts one person from contacting, approaching, or harassing another person. In California, restraining orders are commonly issued in cases involving domestic violence, civil harassment, workplace threats, and elder abuse. While restraining orders are civil in nature, violating a restraining order is a criminal offense that can result in arrest, jail time, and a permanent criminal record.
If you are facing a restraining order hearing or have been charged with violating a protective order in San Jose, San Francisco, Mountain View, Daly City, or anywhere in San Mateo County or Santa Clara County, the attorneys at RV Litigation Group PC can help. Whether you need to contest the issuance of an order or defend against violation charges, we fight to protect your rights and your freedom.
What the Law Says
Penal Code 273.6 — Violation of a Protective Order
"Any intentional and knowing violation of a protective order... is a misdemeanor punishable by a fine of not more than one thousand dollars, or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment." — California Penal Code Section 273.6(a)
PC 273.6 is the primary criminal statute for restraining order violations. It applies to domestic violence restraining orders (DVROs), civil harassment orders, workplace violence orders, and elder abuse orders. A first-offense violation is typically a misdemeanor. However, if the violation involves an act of violence, or if the defendant has a prior conviction for violating a protective order, the charge can be elevated to a felony carrying up to three years in state prison. Courts in Santa Clara County take these violations seriously and frequently impose jail time even for first offenses.
Code of Civil Procedure 527.6 — Civil Harassment Restraining Order
"A person who has suffered harassment... may seek a temporary restraining order and an order after hearing prohibiting harassment." — California Code of Civil Procedure Section 527.6(a)
CCP 527.6 allows any person who has been the victim of harassment — including unlawful violence, credible threats of violence, or a course of conduct that serves no legitimate purpose and would cause a reasonable person to suffer substantial emotional distress — to petition the court for a restraining order. This type of order is used when the parties are not in a domestic relationship. It is commonly sought against neighbors, coworkers, acquaintances, or strangers. A civil harassment restraining order can last up to five years and can be renewed.
Family Code 6300 — Domestic Violence Restraining Order (DVRO)
"An order may be issued... to restrain any person for the purpose of preventing a recurrence of domestic violence and ensuring a period of separation of the persons involved." — California Family Code Section 6300
DVROs are the most common type of restraining order in California. They are available to individuals who have been abused or threatened by a spouse, former spouse, domestic partner, cohabitant, dating partner, or co-parent. A DVRO can order the restrained person to stay away from the protected person's home, workplace, school, and vehicle, and can prohibit all contact — including phone calls, texts, emails, and social media messages. The court can also grant temporary custody of children and order the restrained party to move out of a shared residence. In San Mateo County, family courts frequently issue DVROs on an emergency ex parte basis, meaning the restrained party may not even know about the order until they are served.
Real-World Examples
These scenarios illustrate how restraining order cases commonly arise in the Bay Area:
A man in San Jose is subject to a DVRO that prohibits all contact with his ex-girlfriend. He sends her a text message asking to pick up his belongings from her apartment. The ex-girlfriend reports the text to police. The man is arrested and charged with violating a protective order under PC 273.6, even though the message was non-threatening and practical in nature. Any contact — regardless of intent — constitutes a violation.
During a custody dispute in San Francisco, a mother files for a DVRO against the father, alleging he made threatening statements during an argument. The father denies the allegations and presents text messages showing the argument was mutual and non-threatening. At the hearing, the court must weigh the credibility of both parties. If the DVRO is granted based on exaggerated or false claims, the father's custody rights and living situation are immediately affected.
A woman in Mountain View has a civil harassment restraining order against a former coworker. Both attend a large community event. The former coworker sees the woman across the venue and immediately leaves the area. However, a mutual friend tells the woman the former coworker was at the event, and she contacts police. The former coworker argues the encounter was accidental and that he left promptly, which may negate the willfulness element required under PC 273.6.
In Daly City, a husband is subject to a DVRO. His wife — the protected party — calls him and invites him over to discuss reconciliation. He goes to the house. When an argument erupts, the wife calls police and reports a restraining order violation. The husband is arrested. His defense centers on the fact that the protected party initiated the contact — although this does not automatically absolve him, it can be a significant factor in the defense.
Penalties
The penalties for violating a restraining order depend on the type of order, whether violence was involved, and whether the defendant has prior violations on their record.
| Charge | Classification | Jail / Prison | Fine |
|---|---|---|---|
| Misdemeanor Violation (PC 273.6(a)) | Misdemeanor | Up to 1 year county jail | Up to $1,000 |
| Felony Violation (w/ prior or injury) | Wobbler | Up to 3 years state prison | Up to $10,000 |
| Contempt of Court | Civil / Criminal | Up to 5 days per violation | Up to $1,000 |
| Violation with Physical Injury | Wobbler | Up to 3 years state prison | Up to $10,000 |
| Violation with Firearm | Felony | Additional 1–3 years enhancement | Varies |
Additional consequences: A restraining order — even without a criminal violation — triggers a firearm prohibition under both California and federal law. The restrained party must surrender all firearms within 24 hours of being served and is prohibited from purchasing or possessing firearms for the duration of the order plus five years. A violation conviction can affect immigration status, employment (particularly in law enforcement, military, or security fields), child custody determinations, and professional licensing. Repeat violations lead to progressively harsher sentences, and judges have broad discretion to impose additional conditions such as anger management programs, GPS monitoring, or extended stay-away distances.
Legal Defenses
Restraining order violations and contested hearings require a strategic, evidence-based defense. Here are the most common defenses our attorneys use for clients throughout the Bay Area:
1. No Willful Violation
PC 273.6 requires that the violation be intentional and knowing. If you did not know about the restraining order, did not understand its terms, or the contact was genuinely accidental — such as an unexpected encounter at a public place — the prosecution may not be able to prove willfulness. We gather evidence showing that you took reasonable steps to avoid contact and that any encounter was unintentional.
2. Lack of Notice or Service
You cannot be convicted of violating a restraining order that you did not know existed. If you were never properly served with the order, or if the order was modified and you were not notified of the new terms, this is a complete defense. We examine the service records, proof of service documents, and the timeline of events to determine whether you had actual notice of the order and its specific terms.
3. False or Exaggerated Claims
Restraining orders are sometimes sought based on false or exaggerated allegations — often in the context of divorce, custody battles, or personal vendettas. The petitioner may fabricate or embellish claims of harassment, threats, or violence to gain a strategic advantage. We investigate the petitioner's motives, gather evidence that contradicts their claims, and present a compelling case at the hearing to prevent the order from being issued or to have it dissolved.
4. Contact Initiated by the Protected Party
It is not uncommon for the protected party to initiate contact with the restrained person — by calling, texting, or inviting them to meet. While the restrained person is still technically obligated to refuse the contact, evidence that the protected party initiated communication can be a powerful mitigating factor. In some cases, it may support a defense that the contact was consensual and that the violation was not willful in the traditional sense. We document all communications to establish who initiated contact.
5. Constitutional Challenges
Restraining orders restrict fundamental rights — including freedom of movement, association, and in some cases, parental rights. If a restraining order was issued without adequate notice, without a meaningful hearing, or based on insufficient evidence, it may be subject to constitutional challenge. We examine the procedural history of the order and file motions to modify or dissolve orders that were improperly issued.
6. Insufficient Evidence
The prosecution must prove every element of the violation beyond a reasonable doubt — including that a valid order existed, that you knew about it, and that you willfully violated its terms. If the evidence is weak — for example, if the alleged violation was reported secondhand with no documentary proof, or if surveillance footage or phone records do not support the allegation — we challenge the prosecution's case and argue that the burden of proof has not been met.
Frequently Asked Questions
California has four main types of restraining orders: (1) Domestic Violence Restraining Orders (DVRO) under Family Code 6300, issued to protect against abuse by a spouse, former spouse, cohabitant, dating partner, or co-parent; (2) Civil Harassment Restraining Orders under CCP 527.6, for protection from someone you are not in a close relationship with, such as a neighbor, roommate, or stranger; (3) Elder or Dependent Adult Abuse Restraining Orders under Welfare and Institutions Code 15657.03; and (4) Workplace Violence Restraining Orders under CCP 527.8, filed by an employer to protect employees.
A temporary restraining order (TRO) typically lasts until the court hearing, usually 20 to 25 days. If the court grants a permanent restraining order after the hearing, it can last up to five years. The protected party can request a renewal before the order expires, and renewals can also last up to five years. In some cases, the court may issue a permanent restraining order with no expiration date.
Yes, accidental violations can occur — for example, running into the protected party at a grocery store, workplace, or public event. However, California law requires that the violation be willful to be criminal. If you unexpectedly encounter the protected party, you should immediately leave the area. Staying or attempting to interact, even briefly, could be construed as a willful violation. Document your departure and contact your attorney.
To contest a restraining order, you must appear at the court hearing and present your case. You can present evidence that the allegations are false or exaggerated, bring witnesses, and cross-examine the petitioner. An attorney can help you prepare a written response to file with the court before the hearing, gather evidence in your favor, and argue on your behalf. If a temporary order has already been issued, you must comply with it until the hearing — violating it can result in criminal charges.
A restraining order can significantly affect custody and visitation rights. If a DVRO is issued, the court may grant temporary custody to the protected party and restrict the restrained party's visitation to supervised visits only. The restraining order will also be considered in any ongoing family court proceedings. A finding of domestic violence creates a rebuttable presumption against giving custody to the abusive parent under Family Code 3044.
