One text message can lead to your being handcuffed. In California, violation of a domestic violence restraining order is treated as a separate crime under Penal Code section 273.6. Officers can arrest you based on the report of a protected person alone. Original allegations are not re-litigated. The order itself is what you have broken.

The Protected Person Cannot Give You Permission

This is where good people are arrested. Your wife asks you to come home. Your ex texts first and says that the order was a mistake. You answer and you are charged.

Only the judge who issued the order has the authority to change it. An invitation from the other party is not considered a defense, and prosecutors will still file cases even if that person has asked them not to. The definition of a violation is wider than most people think:

• Texts, emails, direct messages, or comments on social media posts
• Asking friends or relatives to pass along messages. Indirect communication through a third party is still considered contact
• Staying anywhere the order prohibits you from going, such as a workplace, gym, or child’s school
• Sending gifts, flowers, or letters

Criminal Penalties Climb With Each Incident

A first violation is charged as a misdemeanor and a conviction can carry up to one year in county jail, probation conditions and a batterers’ intervention program. If the violation causes physical injury, the statute requires a minimum jail term of 30 days.

The exposure grows from there. A second violation within seven years involving violence or credible threat can be filed as felony, putting a state prison sentence on the table. Each contact can be charged separately, so a series of five late-night texts are not necessarily one case.

Your Custody Case Absorbs the Damage

The family court consequences often outlast criminal ones. Section 3044 of the Family Code, effective January 1, 2026, creates a presumption that custody should be given to a parent who has perpetrated domestic violence in the past five years. This is difficult to overcome, and the statute now explicitly lists whether a parent has complied with the protective order as a factor.

Read this factor closely. Compliance is one of the few things you still have control over, and a violation provides the other side with evidence on a point that the judge must take into account.

Firearms are a second trap. Section 6398 of the Family Code bars a restrained person from owning or possessing a firearm. Surrender is required within 24 hours of service. A court finding that you have kept one is a factor under section 3044. The rules on relinquishing exemptions were tightened in January 2026.

Contempt Is a Separate Path

The protected party can also file a contempt action in family court instead of waiting for the district attorney. Each proven violation is a separate count, and penalties can include jail and community service, on top of anything the criminal court orders.

What to Do If You Are Accused

Do not contact the other person involved in order to resolve the issue. This would be a second violation.

• Keep all relevant information. Phone records, screenshots, receipts, work schedules, and location data have helped in similar situations before.
• Record what happened as soon as possible, including who started the communication and who else witnessed it.
• Take the order with you to your attorney. Each state has a different language and terms that can vary more than you expect.
• If the order no longer works for your situation, ask the court to modify it. Judges can change the terms and conditions of the order. Ignoring it will not solve the problem.

A violation must be intentional and knowingly committed. Accidental encounters, orders that were never properly served, and vague or contradictory terms all provide an attorney with something real to work with.

Get Ahead of It Before the Next Hearing

At Roberts & Zatlin, we focus our entire practice on California family law, including domestic violence issues, custody, and support. We know the courts throughout California well, and we understand what is at risk when a restraining order and custody case move simultaneously. If an accusation has been made, please bring us the order and timeline immediately. Contact us to schedule a free consultation prior to the next court hearing.