Jail time for violating a restraining order in California runs from no custody at all up to three years, depending on what happened and the person’s history. A standard first violation is a misdemeanor punishable by up to one year in county jail.1California Legislative Information. California Code PEN 273.6 If the violation causes injury, a 30-day minimum kicks in. If it’s a repeat violation involving violence, prosecutors can file it as a felony carrying 16 months, two years, or three years.
First Offense: Up to One Year
A first violation with no aggravating factors is a misdemeanor under Penal Code 273.6. The ceiling is one year in county jail, a fine of up to $1,000, or both.1California Legislative Information. California Code PEN 273.6
In practice, many first-time offenders receive probation rather than the full jail term. Probation typically requires staying away from the protected person, checking in with a probation officer, and completing any court-ordered programs. Violating those probation terms can send you back before the judge facing the original sentence.
When the Violation Causes Injury
If the violation results in physical injury to the protected person, a first offense still stays a misdemeanor, but the numbers change. The fine ceiling doubles to $2,000, and the court must impose a minimum of 30 days in county jail, with the one-year cap still in place.1California Legislative Information. California Code PEN 273.6 That mandatory floor means straight probation with no custody isn’t available.
There is a narrow exception. If the person serves at least 48 hours in jail, the judge can reduce or waive the 30-day minimum, but only after stating reasons on the record and weighing the seriousness of the conduct, the likelihood of future violations, and the victim’s safety.1California Legislative Information. California Code PEN 273.6 Judges rarely use it when the injuries are more than minor.
A separate track applies to repeat violations within one year that cause physical injury. There the mandatory minimum is six months in county jail.1California Legislative Information. California Code PEN 273.6
Felony Exposure for Repeat Violations
A violation becomes a wobbler (chargeable as a misdemeanor or felony) when two things are both true: the person has a prior conviction for violating a protective order within the past seven years, and the new violation involves violence or a credible threat of violence.1California Legislative Information. California Code PEN 273.6 Without both, the charge stays a misdemeanor regardless of history.
Filed as a felony, the sentencing triad is 16 months, two years, or three years. Under current law, that time is generally served in county jail rather than state prison, unless the person has a prior serious or violent felony conviction.2California Legislative Information. California Code PEN 1170(h)
What Actually Counts as a Violation
A violation happens when someone intentionally and knowingly disobeys the terms of a protective order. Both elements matter. The restrained person must have known the order existed, and must have chosen to act against it. Accidental encounters don’t qualify, and neither does conduct by someone who was never properly served.
The prohibited behaviors depend on what the judge ordered. Most orders ban approaching the protected person’s home, workplace, or school, and prohibit all forms of contact, direct (calls, texts, showing up in person) or indirect (messages through friends, social media posts, gifts). Some orders also address shared property, custody exchanges, or the protected person’s children.
One point catches people off guard. If the protected person reaches out first, the restrained person can still be arrested for responding. The order restricts only the restrained person’s conduct. Only a judge can modify or lift the order, so the protected person’s willingness to talk doesn’t change the legal obligation to stay away.
Defenses That Can Reduce Jail Exposure
Because the statute requires an intentional and knowing violation, the strongest defenses attack one of those two elements.1California Legislative Information. California Code PEN 273.6
- No knowledge of the order. If the restrained person was never properly served, there was no legal duty to comply. This comes up when service was attempted at an old address or handed to the wrong person.
- No intentional violation. Bumping into the protected person at a grocery store or a concert isn’t willful. The prosecution has to show the restrained person chose to be there knowing the protected person would be present, or refused to leave once they realized it.
- The order itself was invalid. If it was issued without proper legal basis or without required procedures, a violation charge may not stand.
What doesn’t work: claiming the protected person invited contact. Courts have consistently held that only a judge can change the order’s terms.
Consequences Beyond Jail
Custody time is only part of what a conviction brings.
A misdemeanor conviction under Penal Code 273.6 triggers a 10-year state ban on owning, buying, or possessing a firearm under Penal Code 29805.3California Legislative Information. California Code PEN 29805 The clock starts at conviction, not at the incident. Federal law reaches further. Under 18 U.S.C. § 922(g)(8), being subject to a qualifying restraining order alone prohibits firearms and ammunition possession, even without a conviction.4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A misdemeanor crime of domestic violence conviction brings a lifetime federal ban under § 922(g)(9).5California Department of Justice. Firearms Prohibited Categories The state and federal bans run independently.
Custody arrangements can also shift. Under Family Code 3044, when a court finds a parent has perpetrated domestic violence within the previous five years, there is a rebuttable presumption that sole or joint custody would be harmful to the child.6California Legislative Information. California Code FAM 3044 The parent can try to overcome it, but the burden falls on them. Supervised visitation or reduced custody time is a common outcome.
When probation is granted for a domestic violence–related violation, the court will typically require completion of a batterer’s intervention program lasting at least one year.7California Legislative Information. California Code PEN 1203.097 Missing sessions without an excused absence can revoke probation and trigger the original jail sentence.
Out-of-State and Tribal Orders
A protective order from another state or a tribal court is enforceable in California without being registered or filed here, and the same criminal penalties apply to a violation as if a California court had issued it.8Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders The jail exposure described above doesn’t disappear because the order came from elsewhere.