San Diego Restraining Order Violation Attorney (CPC 273.6)
It is surprisingly easy to violate a restraining order in California. A well-intentioned text message, an accidental encounter at a public venue, or relying on a mutual friend to pass along a message can all result in an immediate arrest. If you are accused of breaching a protective order, you need a skilled San Diego restraining order violation attorney to prevent a simple misunderstanding from becoming a criminal conviction.
Understanding California Penal Code Section 273.6
Under CPC 273.6, it is a crime to violate the terms of a lawfully issued court order, such as an Emergency Protective Order (EPO), Domestic Violence Restraining Order (DVRO), or Civil Harassment Restraining Order. To secure a conviction, prosecutors must prove four specific elements beyond a reasonable doubt:
- A judge issued a lawful, valid court order.
- You had legal knowledge of the order (you were properly served or present in court when it was issued).
- You had the physical ability to comply with the order.
- You intentionally and willfully violated the terms.
Penalties for Violating a Protective Order
The consequences of a CPC 273.6 conviction escalate rapidly depending on your criminal history and whether the violation involved threats or physical violence.
| Offense Level | Potential Incarceration | Maximum Fines | Additional Conditions |
| First Offense (Misdemeanor) | Up to 1 year in county jail | $1,000 | Mandatory counseling, community service |
| Subsequent Offense (Misdemeanor) | Up to 1 year in county jail (mandatory minimum 30 days) | $2,000 | Probation, extended protective order |
| Violation Involving Violence (Wobbler) | Up to 3 years in state prison (if charged as a felony) | $2,000 | Permanent felony record, loss of gun rights |
Common Legal Defenses for CPC 273.6 Charges
An arrest for violating a restraining order does not guarantee a conviction. We aggressively defend against these charges using proven strategies:
- Lack of Knowledge or Improper Service: If you were never legally served with the restraining order or made aware of its specific terms, you cannot willfully violate it.
- Accidental Contact: Running into the protected person at a grocery store or restaurant is not a crime if you did not orchestrate the meeting and made immediate, reasonable efforts to leave the area without interacting.
- False Accusations: In contentious family law disputes, a protected party may invite communication or fabricate contact entirely to set up an arrest and gain leverage in custody proceedings.
Impact on Domestic Violence Cases
A CPC 273.6 charge rarely exists in a vacuum. A violation severely complicates pending spousal abuse or battery charges, often resulting in revoked bail, harsher sentencing, and extreme bias from family court judges. Because protective orders usually arise from ongoing disputes, consult our San Diego domestic violence defense team to handle both matters simultaneously. We will intervene immediately to protect your rights, challenge false allegations, and keep you out of jail.
Contact our office today for a free, confidential case evaluation.
San Diego’s Trusted Criminal Defense Attorney
Attorney William R. Burgener is a certified Criminal Law Specialist, authorized and recognized by the State Bar of California. With over 44 years of experience as a Criminal Justice Act (CJA) attorney on the San Diego panel, he has an in-depth understanding of the court system, having represented clients in all San Diego County courts both state and federal, including Downtown, South Bay, Vista, and El Cajon. He is able to represent statewide and nationally.
With more than 35 years of experience in handling federal and state felonies and misdemeanors, Attorney Burgener has successfully managed thousands of cases, frequently securing favorable resolutions. His extensive trial experience includes over 100 federal and state jury trials, as well as numerous successful motions and expungements.
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