273.6 PC

Under 273.6 PC, “contact” covers much more than in-person communication. Phone calls, texts, emails, social media messages, third-party contact, and even indirect actions that violate stay-away, no-contact, or harassment provisions can be charged. We break down each alleged act, compare it to the exact language of the order, and determine whether the government can meet its burden. 

To help you see where your situation fits, 273.6 PC covers many types of orders, including:

• Domestic violence restraining orders (DVROs)

• Civil harassment restraining orders (CHROs)

• Elder or dependent adult abuse protective orders

• Workplace violence restraining orders

• Emergency protective order(EPOs)

• Criminal protective orders during a pending case

• Post-conviction protective orders

Each order has unique terms and service rules. We obtain the exact order, confirm lawful issuance, verify service or actual notice, and audit every alleged act against the order’s scope.

Knowledge and Service Matter

Prosecutors should show that you had notice of the order. That can be formal service, personal service by law enforcement, or actual knowledge shown through your statements or conduct. If you never received the order or only learned of it after the alleged violation, we press that issue. We subpoena proof of service, check dates and signatures, and track whether any communication actually provided you notice of the terms. If notice is missing, unclear, or late, a 273.6 PC case can weaken dramatically.

The Role of Intent

The violation should be willful. That means you knew what the order required and chose to violate it. Accidental encounters, inadvertent messages, or contact initiated by the protected person can undermine the willfulness element. We gather phone records, location data, social media logs, and witness statements to show what really happened. We also examine whether the order was vague, overbroad, or confusing. When terms are unclear, juries and judges often give defendants the benefit of the doubt.

Missing or defective service can justify dismissal or a substantial reduction. 

No Willful Violation

273.6 PC requires a willful act. We build evidence that contact was:

• Accidental (a chance encounter in public, promptly ended)
• Indirect and not initiated by you
• Caused by circumstances outside your control

We use phone logs, geolocation data, surveillance video, and witness statements to establish the full timeline. When the protected person initiated the contact or set events in motion, we make sure the court sees that context.

Mistaken Identity or False Accusations

Misidentification happens. So do motivated reports during contentious breakups or custody disputes. We test identity through:

• Video and photo evidence
• Digital forensics and IP records
• Physical descriptions and alibis
• Neighbor, coworker, or third-party witness accounts

Constitutional and Procedural Violations

We analyze how evidence was obtained. If police overreached, we move to suppress:

• Unlawful searches or seizures (Fourth Amendment)
• Involuntary statements or custodial missteps (Fifth Amendment)
• Due process issues and procedural errors

This can exclude key evidence, forcing the prosecution to reduce or dismiss. For example, if a search of your phone occurred without a warrant or valid consent, many communications may be inadmissible.

Challenging the Underlying Order

Sometimes the problem lies in the order itself. If it was secured with false statements, includes vague or impossible terms, or exceeds legal boundaries, we challenge it. Even if the current charge proceeds, clarifying or modifying the order can prevent future issues. For domestic cases, we also advise on how to manage day-to-day compliance and related family court overlap.