Violating a Domestic Violence Protective Order in California | Chico Defense Lawyer
Violating a domestic violence protective order in California can result in new criminal charges, arrest, jail time, and additional restrictions—even when the alleged violation involves something as simple as sending a text message. However, not every alleged violation constitutes a crime, and there may be important defenses available.
Domestic violence protective orders are frequently issued following an arrest for domestic battery, corporal injury to a spouse, or other domestic violence-related allegations. These orders can prohibit contact between individuals, restrict access to a shared residence, and impose other conditions while criminal proceedings are pending.
If you have been accused of violating a protective order in Chico, Butte County, Glenn County, Tehama County, Yuba County, or Sutter County, an experienced Northern California criminal defense attorney can help you understand the allegations and evaluate your legal options.
What Is a Domestic Violence Protective Order in California?
A domestic violence protective order is a court order intended to protect someone from abuse, threats, harassment, or other prohibited conduct.
California courts issue several types of protective orders in domestic violence matters.
Criminal Protective Orders
A criminal protective order is generally issued in connection with a pending criminal prosecution or following a criminal conviction.
Under Penal Code Section 136.2, courts may issue protective orders in criminal proceedings to protect victims and witnesses under circumstances authorized by law.
These orders may prohibit a defendant from contacting the alleged victim, approaching their residence or workplace, or engaging in threatening or harassing conduct.
Domestic Violence Restraining Orders
A domestic violence restraining order, commonly called a DVRO, is generally issued through the civil court system under California's Domestic Violence Prevention Act.
These orders may be requested by a spouse, former spouse, dating partner, cohabitant, or another person who qualifies under the applicable statutes.
A DVRO can impose restrictions even when no criminal charges have been filed.
Emergency Protective Orders
Police officers may request emergency protective orders when immediate protection is necessary.
These orders are typically short-term measures intended to provide protection until further court proceedings can occur.
Regardless of the type of protective order, violating its enforceable terms may expose a person to criminal prosecution.
Is Violating a Domestic Violence Protective Order a Crime?
Yes. Under California Penal Code Section 273.6, intentionally and knowingly violating certain qualifying protective orders is a criminal offense.
A first violation is generally a misdemeanor punishable by:
Up to one year in county jail.
A fine of up to $1,000.
Both imprisonment and a fine.
Probation and other court-imposed conditions, where authorized.
The consequences may become more severe when the violation involves violence, physical injury, or qualifying prior convictions.
A person may also face separate criminal charges if the alleged conduct constitutes another offense, such as stalking, criminal threats, battery, or witness intimidation.
Importantly, a violation does not necessarily require physical contact with the protected person.
Can You Be Arrested for Sending a Text Message?
Yes. One of the most common alleged protective order violations involves electronic communication.
If a protective order prohibits contact, sending a text message, email, social media message, or other communication to the protected person may constitute a violation.
For example, a defendant subject to a no-contact order might send a message saying:
“I'm sorry about what happened. Can we please talk?”
Even though the message is apologetic and contains no threats, it may violate the protective order if the order prohibits all contact.
Other potentially prohibited conduct may include:
Calling or leaving voicemail messages.
Sending messages through social media.
Contacting the protected person through friends or relatives.
Showing up at the person's home or workplace.
Sending gifts or letters.
Attempting to communicate indirectly through another person.
The precise language of the order matters. Some orders prohibit all contact, while others permit limited communication under specified circumstances.
A defense attorney should carefully review the actual order before determining whether particular conduct was prohibited.
What if the Alleged Victim Contacts You First?
A common misconception is that a protective order can be disregarded if the protected person initiates contact.
That is generally incorrect.
The protected person's consent does not automatically authorize the restrained person to violate a court order.
For example, suppose a defendant is subject to a criminal protective order prohibiting contact with a former girlfriend. The former girlfriend sends the defendant a text message asking to meet.
If the defendant responds or agrees to meet, the defendant may still be accused of violating the order.
This remains true even when the protected person voluntarily initiated the conversation.
Only the court can modify or terminate its order.
However, the circumstances surrounding the communication may still be relevant to the defense, including whether the defendant intentionally engaged in prohibited conduct, whether the communication was authorized by the order, and whether the prosecution can establish the required elements.
What if You Accidentally Encounter the Protected Person?
An accidental encounter does not automatically establish a criminal violation.
For example, suppose someone subject to a stay-away order unexpectedly sees the protected person at a grocery store.
The mere fact that both individuals are present at the same location does not necessarily establish a knowing and intentional violation.
The circumstances matter.
Relevant questions may include:
Did the defendant know the protected person was present?
Did the defendant intentionally approach or communicate with the person?
Did the defendant leave after becoming aware of the person's presence?
What distance restrictions were imposed by the order?
Did the defendant deliberately remain in a prohibited location?
If the encounter was genuinely accidental and the defendant did not intentionally violate the order, there may be a viable defense.
However, remaining near or approaching the protected person after becoming aware of the situation can create significant legal risks.
What Must Prosecutors Prove to Establish a Protective Order Violation?
To obtain a conviction under Penal Code Section 273.6(a), the prosecution generally must establish that:
A qualifying court order was lawfully issued.
The defendant knew about the order.
The defendant had the ability to comply with the order.
The defendant willfully violated the order.
These requirements are important because a person cannot be convicted merely because someone alleges that a protective order was violated.
The prosecution must prove each required element beyond a reasonable doubt.
Knowledge of the Order
The prosecution must establish that the defendant knew about the protective order.
A defendant who was never served with an order and had no actual knowledge of its existence may have a defense.
However, formal personal service is not always necessary to establish knowledge. A defendant may learn of an order through a court appearance, oral advisement, or other means.
Willful Violation
The prosecution must also establish that the defendant intentionally committed the act constituting the violation.
A willful violation does not necessarily require proof that the defendant intended to break the law or understood that the conduct was criminal.
Nevertheless, accidental or involuntary conduct may not satisfy the required element.
Ability to Comply
A defendant must have had the ability to comply with the protective order.
This requirement can become important when compliance was impossible under the circumstances.
An experienced Chico criminal defense attorney can examine the evidence to determine whether the prosecution can establish all the elements of the offense.
Can a Protective Order Violation Be Charged as a Felony?
In certain circumstances, yes.
Although a basic violation under Penal Code Section 273.6(a) is generally a misdemeanor, the statute provides enhanced penalties for specified violations.
For example, under Penal Code Section 273.6(d), certain repeat violations committed within seven years of a qualifying prior conviction may be prosecuted as misdemeanors or felonies when the statutory requirements are met.
Other provisions address violations involving physical injury and qualifying prior convictions.
Because the penalty provisions are fact-specific, the precise subdivision charged, the defendant's prior record, and the circumstances of the alleged violation must be examined carefully.
A protective order violation may also lead to separate felony charges if the underlying conduct independently constitutes a felony offense.
Can Violating a Protective Order Affect Your Pending Domestic Violence Case?
Yes. An alleged protective order violation can create serious complications when a defendant is already facing domestic violence charges.
For example, a defendant released from custody following a domestic violence arrest may be subject to a criminal protective order prohibiting contact with the alleged victim.
If the defendant is subsequently accused of violating that order, the prosecution may ask the court to reconsider the defendant's release conditions.
Potential consequences may include:
New criminal charges.
Modification of release conditions.
Increased bail, where legally authorized.
Revocation of release under applicable procedures.
Additional protective order restrictions.
Adverse consequences in plea negotiations or sentencing.
If the defendant is on probation, the alleged conduct may also result in a probation violation proceeding.
Importantly, the prosecution must still establish the alleged criminal violation. An accusation alone does not establish guilt.
What if You Need to Contact the Protected Person About Children?
Protective orders can create difficult situations when the restrained person and protected person share children.
For example, parents may need to communicate about custody exchanges, medical appointments, schooling, or other parenting responsibilities.
However, a criminal protective order may prohibit direct contact even when the parties have children together.
Some orders contain exceptions permitting peaceful contact for specified purposes, including court-ordered child custody exchanges.
Others prohibit all contact.
A family court custody order does not necessarily override a criminal protective order.
If communication is necessary, the appropriate solution may be to request a modification of the protective order to permit narrowly defined contact.
A person should not assume that having children together creates an automatic exception to a no-contact order.
Can a Domestic Violence Protective Order Be Modified or Terminated?
Yes. Depending on the type of order and the circumstances, a court may modify or terminate a protective order.
For example, a defendant subject to a criminal protective order may request that the criminal court modify the order to permit peaceful contact.
The court may consider factors such as the nature of the underlying allegations, the protected person's position, the defendant's conduct, and any continuing safety concerns.
The judge is not required to grant the request simply because the protected person agrees.
Likewise, civil domestic violence restraining orders generally must be modified or terminated through appropriate court proceedings.
Until a court changes the order, the existing restrictions remain enforceable.
A Butte County domestic violence defense attorney can assist with requesting a modification when appropriate.
How Can a Criminal Defense Attorney Fight a Protective Order Violation Charge?
Several defenses may be available depending on the facts.
1. The Defendant Did Not Know About the Order
If the defendant lacked knowledge of the protective order, the prosecution may be unable to establish a required element.
2. The Alleged Violation Was Accidental
An unintentional encounter or other accidental conduct may not constitute a willful violation.
3. The Conduct Was Not Prohibited
The language of the protective order controls. If the alleged conduct falls outside its restrictions or within an express exception, the prosecution may be unable to establish a violation.
4. The Defendant Was Misidentified
In cases involving telephone calls, text messages, or social media communications, the defense may challenge whether the defendant actually sent the communication.
5. The Evidence Is Insufficient
The prosecution may rely on conflicting statements, incomplete electronic records, or allegations unsupported by reliable evidence.
A defense attorney may challenge the credibility of witnesses, examine digital evidence, and identify inconsistencies in the prosecution's case.
6. The Order Was Not Legally Enforceable
Depending on the circumstances, the defense may examine whether the order was valid, remained in effect, and qualified under the statute charged.
Not every disagreement or unwanted interaction constitutes a criminal protective order violation.
Accused of Violating a Domestic Violence Protective Order in Chico or Northern California?
A protective order violation can result in criminal charges even when the underlying conduct involves no violence, threats, or physical contact.
However, the prosecution must still prove that the defendant knowingly and willfully violated an enforceable court order.
At the Davis W. Hewitt Law Office in Chico, California, we defend individuals accused of domestic violence, protective order violations, and other criminal offenses throughout Northern California, including Butte County, Glenn County, Tehama County, Yuba County, and Sutter County.
If you have been accused of violating a domestic violence protective order, it is important to understand your rights and avoid making statements or taking actions that could complicate your defense.
Contact the Davis W. Hewitt Law Office to discuss your case with an experienced Northern California criminal defense attorney.
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