Violating a restraining order in Oakland, CA, can result in a separate criminal charge under California Penal Code § 273.6. The violation is distinct from the criminal, domestic violence, family law, or other case that led to the restraining order in the first place.
This means someone can face a new criminal case based on conduct that violates the order, even when the underlying matter has not been resolved.
What Counts as Violating a Restraining Order in California?
A restraining order violation occurs when a person intentionally and knowingly disobeys a term of a qualifying court order.
For example, a violation may involve:
- Calling, texting, emailing, or messaging the protected person when direct contact is prohibited
- Going to the protected person’s home, workplace, school, or another location covered by a stay-away provision
- Asking a friend, relative, or another third party to contact the protected person on your behalf when indirect contact is prohibited
- Communicating through social media or another online platform
- Refusing to leave or creating prohibited contact after an incidental encounter
To obtain a conviction, prosecutors must establish proof that a qualifying protective order existed and that the defendant intentionally and knowingly violated it.
Can I Violate the Order if the Protected Person Contacts Me First?
Yes. The protected person’s decision to initiate or invite contact does not cancel the restraining order. Only the court can modify or terminate the order.
This distinction can cause problems when the parties reconcile, share children, or need to address practical matters after an order is entered. When an order permits limited communication—for example, contact concerning child custody—the communication must stay within the exception the court authorized.
Is Violating a Restraining Order a Misdemeanor or Felony in California?
A first violation of Penal Code § 273.6 is generally a misdemeanor, but certain repeat violations can be punished as felonies. The exact classification depends on prior convictions and what happened during the new violation.
A subsequent violation occurring within seven years of a prior qualifying conviction and involving violence or a credible threat of violence can be punished either in county jail or as a felony under Penal Code § 1170(h). A subsequent violation within one year of a prior qualifying conviction that results in physical injury can likewise carry misdemeanor or felony punishment.
Violence alone does not make every first violation a felony. The prior-conviction requirements and facts of the new incident matter.
Can You Be Arrested for Violating a Restraining Order in Oakland?
Yes. California law requires an arrest in certain circumstances when an officer has probable cause to believe a restrained person had notice of an order and disobeyed it.
A violation can also complicate an existing criminal case. For example, when a no-contact order is tied to pending charges, a new arrest may affect release conditions and expose the defendant to a separate prosecution.
What Should You Do After Being Accused of Violating a Restraining Order in Oakland?
Someone accused of violating a restraining order should first continue following the order as written. It is also important to preserve communications and other evidence connected to the alleged violation. Speaking with an attorney can help you understand your rights, evaluate the circumstances of the alleged violation, and develop a defense strategy tailored to your situation.
Founding attorney Nabiel C. Ahmed has 20 years of criminal defense experience and previously served as a Deputy Public Defender. That local experience is relevant when an allegation of a restraining order creates a new criminal matter in Oakland.
Frequently Asked Questions
Is Violating a Restraining Order a Separate Crime in California?
Yes. An intentional and knowing violation of a qualifying restraining or protective order can be separately prosecuted under Penal Code § 273.6.
Is Accidentally Seeing the Protected Person a Violation?
Not necessarily. Penal Code § 273.6 requires an intentional and knowing violation, but what happens after an unexpected encounter can matter.
How Long Can I Go to Jail for Violating a Restraining Order?
A basic misdemeanor violation carries up to one year in county jail. Injury and qualifying repeat violations carry additional penalties, and some repeat offenses can be prosecuted as felonies.
Talk to an Oakland Criminal Defense Lawyer at the Law Office of Nabiel C. Ahmed About a Restraining Order Violation in Oakland
A Penal Code § 273.6 allegation can create a new criminal case while the original restraining order remains in effect. Determining what happened requires looking closely at the terms of the order, the alleged contact, and the evidence surrounding the incident.
For more information, please contact an experienced criminal defense attorney at the Law Office of Nabiel C. Ahmed for a confidential consultation. We have convenient locations in Oakland and San Ramon, California.
Law Office of Nabiel C. Ahmed – Oakland
1305 Franklin St #411, Oakland, CA 94612
(510) 271-0010
We are available 24/7
Law Office of Nabiel C. Ahmed – San Ramon
2551 San Ramon Valley Blvd #206, San Ramon, CA 94583
925-725-4003
We are available 24/7
