Of all the domestic violence sections, Penal Code 273.6 causes the most avoidable damage. It is only a misdemeanour, and yet it can make release harder than the incident that led to the order in the first place.

What it covers

Section 273.6 makes it an offence to violate a protective or restraining order issued by a court. It is a misdemeanour.

In practical terms: a single text message can add days to how long someone stays in custody.

The release rule that catches families out

Penal Code section 1270.1 requires a hearing in open court before a person can be released on their own recognisance, or on bail in an amount other than the scheduled amount, for certain charges — including felony Penal Code 273.5, Penal Code 422, and any violation of Penal Code 273.6. The statute also requires two court days’ written notice to the prosecutor and, where applicable, to the victim.

The practical effect: waiting for a reduction can take longer than posting the scheduled amount. That is why, in many cases, posting on the county schedule is the faster lawful route — not because it is always right, but because the alternative has a built-in delay.

The mistake we see most

Someone is released after a 243(e)(1) arrest with an Emergency Protective Order in place. They want to apologise, sort out childcare, or collect belongings. They call. That call is a fresh offence under 273.6, and now the release position is worse than it was.

The order binds the restrained person even if the protected person makes contact first. That is not intuitive and it catches people constantly. Only the court can change the order — not the protected person, and not an agreement between the two of them.

Where someone is booked — and why the county matters enormously

Orange County

Under Penal Code section 1269b, the superior court judges of each county adopt and annually revise a uniform countywide bail schedule, and the officer in charge of the jail may approve and accept bail. Orange County still works this way, so a scheduled amount is usually available quickly. Booking generally runs through the Orange County Intake Release Center at 550 N. Flower Street in Santa Ana, with later housing at Theo Lacy in Orange or the James A. Musick Facility in Irvine. Some cities hold people locally first — Huntington Beach, Santa Ana and Fullerton all run municipal jails.

Los Angeles County

Los Angeles works differently. Since 1 October 2023 the Superior Court’s Pre-Arraignment Release Protocols mean many people arrested for non-violent, non-serious felonies and misdemeanours are cited and released, or released on their own recognisance, with no money bail at all. The protocols do not cover serious and violent felonies. LA County also books men and women into different facilities — the Inmate Reception Center downtown for men, and the Century Regional Detention Facility in Lynwood for women. Our Los Angeles County guide explains when a bond is and is not needed.

What to have ready when you call

These few details let us find the person and establish the actual position, usually within minutes:

• The full legal name and date of birth
• Roughly when the arrest happened and in which city — that decides the agency and the county
• The arresting agency if you know it (city police, or the county sheriff)
• Any booking number or paperwork you were given
• Whether a protective order or no-contact condition has been mentioned
• The code section written on any paperwork — 243(e)(1), 273.5, 273.6 and 273a are treated very differently

If you do not have all of it, call anyway. The name and the city are usually enough to start.

Common questions

What does PC 273.6 cover?

Violating a protective or restraining order issued by a court. It is charged as a misdemeanour.

Why does a 273.6 make release harder than the original charge?

Because Penal Code 1270.1 names any violation of 273.6. Once a 273.6 is in the picture, release on own recognisance or at a non-schedule amount requires a hearing in open court with two court days’ written notice. A misdemeanour order violation can therefore be harder to get released on than the underlying incident.

Does a phone call count?

If an order prohibits contact, contact means contact. Calls, texts, messages through friends and social media can all fall within it, depending on the terms of the order. Read the order itself, and if it is unclear, ask an attorney rather than guessing.

What if the protected person initiated contact?

The order binds the restrained person regardless of who made contact first. This surprises people constantly. Only the court can change the order.

How long does an Emergency Protective Order last?

Under Family Code section 6256 an EPO expires at the close of judicial business on the fifth court day, or the seventh calendar day, whichever is first. A longer-term order requires a separate court process.

Related resources

• Protective orders and EPOs — how long they last
• PC 243(e)(1) and PC 273.5
• Warrants — if a violation led to one
• Domestic violence bail bonds — the main guide
• Misdemeanour charges and felony charges
• Orange County and Los Angeles County release rules
• All bail services and payment plans

Call us about a 273.6

If an order violation has been added, say so when you call. It changes the release path, and knowing early saves time.

Anaheim — (714) 520-2002La Habra — (562) 690-8303

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing on this page is legal advice, and we cannot guarantee a bail amount, a release time, eligibility for release, or the outcome of any case. Statutes are quoted from California primary sources and can be amended; court, jail and bail-schedule practice can change. Always confirm current details with the facility, the court, or an attorney. California bail licence 1841014.