Domestic violence restraining orders are serious legal tools intended to protect individuals from abuse, harassment, or threats by someone they have a close personal relationship with—such as a spouse, ex-partner, or co-parent. However, whether due to confusion, miscommunication, or emotional tension, people sometimes violate the terms of these orders.
If you've been accused of violating a domestic violence restraining order (DVRO) in California, it’s essential to understand the consequences, your rights, and your options. At Flores Legal Allies, we represent clients across San Diego and Los Angeles who are navigating these complex, high-stakes situations. We don’t just defend cases—we support people. We listen, we strategize, and we help you regain control during a stressful legal experience.
We’ll explain what constitutes a violation, what penalties you may face, and how an experienced defense attorney can help you move forward.
What Is a Domestic Violence Restraining Order?
A domestic violence restraining order is a court-issued order that prohibits a person (the “restrained party”) from contacting, harassing, threatening, or being near another person (the “protected party”).
In California, domestic violence restraining orders are governed by Family Code §§ 6200–6409. These orders can:
- Require the restrained party to stay a certain distance away from the protected party
- Prevent all forms of communication (calls, texts, emails, social media, third parties)
- Order the restrained party to move out of a shared residence
- Limit or restrict contact with children
- Prohibit firearm possession or purchase
Restraining orders are often issued after a court finds credible evidence of past abuse or threats of future harm.
Types of Violations
You can violate a restraining order in several ways—even unintentionally. Violations can be physical, verbal, digital, or indirect.
Examples include:
- Calling, texting, or emailing the protected person
- Liking or commenting on their social media posts
- Showing up at their home, workplace, or school
- Attempting to send a message through a mutual friend or family member
- Possessing a firearm when prohibited by the order
Important: Even if the protected person initiates contact, you can still be charged with a violation. Only the court can change or cancel a restraining order—not the person protected by it.
Is a Violation a Criminal Offense?
Yes. Violating a domestic violence restraining order is a criminal offense under California Penal Code § 273.6. It’s not a simple infraction or civil violation—it can lead to jail time and a permanent mark on your criminal record.
To be convicted, the prosecution must prove:
- A valid restraining order was issued by a court.
- You knew about the order.
- You had the ability to follow the order.
- You willfully violated the order.
“Willfully” means the action was done on purpose, not necessarily with malicious intent. Even if you didn’t mean to cause harm, a deliberate action that violates the order can still lead to charges.
Penalties for Violating a Restraining Order
The penalties depend on whether it’s a first offense or a repeat violation, and whether the violation involved violence, threats, or injury.
First Offense (Misdemeanor)
- Up to 1 year in county jail
- A fine of up to $1,000
- Mandatory counseling or batterer intervention program
- Criminal protective order issued or extended
- Community service or probation
Aggravated Violation (Involving Violence or Injury)
- Can be charged as a felony
- State prison sentence of up to 3 years
- Fines up to $10,000
- Formal probation
- Additional penalties for causing bodily harm
Repeat Violations
- If you’ve violated a restraining order before or have prior domestic violence convictions, prosecutors may pursue felony charges even for minor violations.
- You may face enhanced sentencing and longer jail time.
Can You Be Arrested Without a Warrant?
Yes. California law allows law enforcement officers to arrest you without a warrant if they have probable cause to believe you violated a restraining order. This can happen even if the violation was reported after the fact.
For example, if the protected person claims you texted them or drove by their house and they call the police with supporting evidence (like a screenshot or surveillance footage), you can be arrested on the spot.
How a Restraining Order Violation Impacts Other Legal Matters
Violating a DVRO can affect several areas of your life:
1. Child Custody or Visitation
Judges may view a violation as a sign that you are unwilling or unable to follow court orders. This can lead to loss of custody, supervised visitation, or termination of parental rights.
2. Immigration Status
For non-citizens, a conviction can be considered a “crime involving moral turpitude” or a “domestic violence-related offense,” which may result in deportation or denial of citizenship.
3. Firearm Rights
Under both California and federal law, being subject to a DVRO or convicted of a domestic violence-related offense prohibits you from owning or possessing firearms. Violating this can lead to additional criminal charges.
Defenses Against a Restraining Order Violation
Being accused does not mean you’re guilty. At Flores Legal Allies, we thoroughly investigate the facts and develop customized defense strategies. Common defenses include:
1. Lack of Knowledge
If you were not properly served with the restraining order, or genuinely unaware of its terms, you may not be held legally responsible for the violation.
2. Accidental or Incidental Contact
Running into the protected person in public—without intent to communicate—may not qualify as a willful violation.
3. False Allegations
Sometimes, restraining orders are used as leverage in custody disputes or relationship breakdowns. We’ve seen cases where the protected person fabricates violations out of spite or to gain legal advantage.
4. No Violation Occurred
If the alleged contact didn’t happen, or someone else was responsible (e.g., a hacked account, misidentified phone number), we can present that evidence to challenge the charges.
Why You Should Never Ignore or Take a DVRO Lightly
Some people underestimate the seriousness of a restraining order—especially if they believe the protected person is overreacting or wants to reconcile. However, once the order is issued by the court, it is enforceable until modified or terminated by a judge.
Even well-meaning contact can lead to criminal charges. For example, texting “I’m sorry” or “Let’s talk” can be interpreted as a violation, regardless of the emotional intent.
The best course of action is to strictly follow the order and contact an attorney immediately if you’re unsure about the rules or if you’ve been accused of violating them.
How Flores Legal Allies Can Help
At Flores Legal Allies, we understand how restraining orders—especially in the context of domestic violence cases—can disrupt every part of your life. Many of our clients feel confused, overwhelmed, or unfairly targeted. That’s why we go beyond legal representation—we become your ally in a difficult time.
With offices in San Diego and Los Angeles, our team provides:
- Personalized defense strategies based on the facts of your case
- Thorough investigation of the allegations and evidence
- Court representation for restraining order hearings and criminal proceedings
- Guidance on compliance with restraining order terms
- Support in related matters, including family court, immigration, and probation violations
Whether you’re facing a first-time accusation or being charged with a felony violation, we will fight for your rights, protect your record, and help restore peace to your life.
How We Can Help
If you've been accused of violating a domestic violence restraining order, you need more than advice—you need a plan and a trusted advocate.
At Flores Legal Allies, we bring calm to chaos. We listen carefully, act strategically, and fight fiercely for your future. We understand the stakes and work tirelessly to help you overcome this challenge with clarity and dignity.
Call us today for a confidential consultation and let us help you take the first step toward resolving your case and protecting your freedom.
