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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-12</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Stefani</ns0:AuthorText>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Stefani</ns0:Name>
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<ns0:Title> An act to amend Sections 166 and 273.6 of the Penal Code, relating to domestic violence. </ns0:Title>
<ns0:RelatingClause>domestic violence</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Domestic violence: protective orders. </ns0:Subject>
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<html:p>Existing law generally punishes the willful disobedience of a court order as contempt of court by imprisonment in a county jail for a term not exceeding 6 months, a fine not exceeding $1,000, or both that imprisonment and fine. Existing law makes the willful and knowing violation of specified protective orders or stay-away court orders punishable by imprisonment in a county jail for not more than one year, by a fine of not more than $1,000, or by both that imprisonment and fine for a first offense, and makes a 2nd or subsequent conviction for a violation of these specified protective orders or stay-away court orders occurring within 7 years of a prior conviction and involving an act of violence or credible threat of violence punishable as either a misdemeanor or a felony. If a violation of specified protective orders or stay-away court orders results in a physical injury, the individual is
required to be in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence suspended. </html:p>
<html:p>This bill would make a willful and knowing violation of specified protective orders or stay-away orders punishable as a felony if the subject of the protective order was arrested for, charged with, or convicted of a felony for the conduct upon which the protective order was based. The bill would make a second or subsequent conviction for a violation of specified protective orders or stay-away orders a felony. If a violation of specified protective orders or stay-away orders alleges a physical injury, the bill would require the court to consider the violation of the protective order or stay-away order and alleged injury when considering the seriousness of the offense charged and the protection of the public. By increasing the punishment for a crime, this bill would impose a state-mandated local program.</html:p>
<html:p>Existing law generally authorizes a court to issue an order for the protection of certain persons, including, among others, the victims of domestic violence. Existing law prohibits the intentional and knowing violation of a protective order, as specified, and makes a violation of these provisions a misdemeanor. Existing law also makes a subsequent violation of these provisions after a conviction, as specified, punishable as either a misdemeanor or a felony. </html:p>
<html:p>This bill would make an intentional and knowing violation of specified protective orders punishable as a felony if the person who is the subject of a protective order was arrested for, charged with, or convicted of a felony for the conduct upon which the protective order was based. The bill would make any subsequent conviction for a violation of a protective order punishable as a felony. By increasing the punishment for a crime, this bill would impose a state-mandated
local program.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 166 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Num>166.</ns0:Num>
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<html:p>
(a)
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Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a misdemeanor:
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<html:p>
(1)
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Disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority.
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<html:p>
(2)
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Behavior specified in paragraph (1) that is committed in the presence of a referee, while actually engaged in a trial or hearing, pursuant to the order of a court, or in the presence of a jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law.
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<html:p>
(3)
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A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court.
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<html:p>
(4)
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Willful disobedience of the terms, as written, of a process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial.
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<html:p>
(5)
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Resistance willfully offered by a person to the lawful order or process of a court.
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<html:p>
(6)
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The contumacious and unlawful refusal of a person to be sworn as a witness or, when so sworn, the like refusal to answer a material question.
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<html:p>
(7)
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The publication of a false or grossly inaccurate report of the proceedings of a court.
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<html:p>
(8)
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Presenting to a court
having power to pass sentence upon a prisoner under conviction, or to a member of the court, an affidavit, testimony, or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon the prisoner, except as provided in this code.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Willful disobedience of the terms of an injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by a court, including an order pending trial.
</html:p>
<html:p>
(b)
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(1)
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A person who is guilty of contempt of court under paragraph (4) of subdivision (a) by willfully contacting a victim by telephone or mail, social media, electronic communication, or electronic communication device, or directly, and who has been previously convicted of a violation of Section 646.9 shall be punished by imprisonment in a county jail for not more than one year, by a fine
of no more than five thousand dollars ($5,000), or by both that fine and imprisonment.
</html:p>
<html:p>
(2)
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For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision.
</html:p>
<html:p>
(3)
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The present incarceration of a person who makes contact with a victim in violation of paragraph (1) is not a defense to a violation of this subdivision.
</html:p>
<html:p>
(4)
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For purposes of this subdivision, the following definitions shall apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
“Social media” has the same definition as in Section 632.01.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Electronic communication” has the same definition as in Section 646.9.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“Electronic communication device”
has the same definition as in Section 646.9.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding paragraph (4) of subdivision (a), and except as provided in subparagraph (B), a willful and knowing violation of a protective order or stay-away court order described as follows shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An order issued pursuant to Section 136.2.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097.
</html:p>
<html:p>
(iii)
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An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368.
</html:p>
<html:p>
(iv)
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An order issued pursuant to Section 1201.3.
</html:p>
<html:p>
(v)
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An order described in paragraph (3).
</html:p>
<html:p>
(vi)
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An order issued pursuant to subdivision (j) of Section 273.5.
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<html:p>
(B)
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Notwithstanding paragraph (4) of subdivision (a), a willful and knowing violation of a protective order or stay-away court order described in subparagraph (A) shall constitute contempt of court punishable by imprisonment pursuant to subdivision (h) of Section 1170 if the person who is the subject a protective order was arrested for, charged with, or convicted of a felony for the conduct upon which the protective order was based. A violation of the protective orders described in subparagraph (A) shall not be punishable as a felony pursuant to this subdivision if an individual was arrested or charged with a felony and the matter was reduced to a misdemeanor.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If a violation of paragraph (1) results in a physical injury,
the person shall be imprisoned in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence is suspended.
</html:p>
<html:p>
(B)
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If there is an allegation that the violation of paragraph (1) resulted in a physical injury to the victim, the court, in considering the seriousness of the offense charged and the protection of the public, shall include consideration of the violation of the protective order or stay-away order and alleged injury to the victim.
</html:p>
<html:p>
(3)
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Paragraphs (1) and (2) apply to the following court orders:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An order issued pursuant to Section 6320 or 6389 of the Family Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An order excluding one party from the
family dwelling or from the dwelling of the other.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1).
</html:p>
<html:p>
(4)
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A second or subsequent conviction for a violation of an order described in paragraph (1) occurring within seven years of a prior conviction for a violation of any of those orders and involving an act of violence or “a credible threat” of violence, as provided in subdivision (c) of Section 139, is punishable by imprisonment pursuant to subdivision (h) of Section 1170.
</html:p>
<html:p>
(5)
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The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1).
</html:p>
<html:p>
(d)
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(1)
<html:span class="EnSpace"/>
A person who owns, possesses, purchases, or receives a firearm knowing that person is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, shall be punished under Section 29825.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (h) of Section 6389 of the Family Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
That the defendant make payments to a domestic violence shelter-based program up to a maximum of one thousand dollars ($1,000).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For an
order to pay a fine, make payments to a domestic violence shelter-based program, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant’s ability to pay. An order to make payments to a domestic violence shelter-based program, shall not be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the injury to a married person is caused, in whole or in part, by the criminal acts of the person’s spouse in violation of subdivision (c), the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents required by this subdivision, until all separate property of
the offending spouse is exhausted.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A person violating an order described in subdivision (c) may be punished for any substantive offenses described under Section 136.1 or 646.9. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1 or 646.9. However, a person held in contempt for a violation of subdivision (c) shall be entitled to credit for any punishment imposed as a result of that violation against a sentence imposed upon conviction of an offense described in Section 136.1 or 646.9. A conviction or acquittal for a substantive offense under Section 136.1 or 646.9 shall be a bar to a subsequent punishment for contempt arising out of the same act.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 273.6 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Num>273.6.</ns0:Num>
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(a)
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(1)
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Except as provided in paragraph (2), any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, if the person who is the subject of a protective order was arrested for, charged with, or convicted of a felony for the conduct upon which the protective order was based, is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170. A violation of the protective orders described in this paragraph shall not be punishable as a felony if an individual was arrested or charged with a felony and the matter was reduced to a misdemeanor.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In the event of a violation of
paragraph (1) of
subdivision (a) that results in physical injury, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment. However, if the person is imprisoned in a county jail for at least 48 hours, the court may, in the interest of justice and for reasons stated on the record, reduce or eliminate the 30-day minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling.
</html:p>
<html:p>
(c)
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Subdivisions (a) and (b) shall apply to the following court orders:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Any order issued pursuant to Section 6320 or 6389 of the Family Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An order excluding one party from the family dwelling or from the dwelling of the other.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An order enjoining a party from specified behavior that the court determined was necessary to effectuate the order described in subdivision (a).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Any order issued by another state that is recognized under Part 5 (commencing with Section 6400) of Division 10 of the Family Code.
</html:p>
<html:p>
(d)
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A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an
order described in subdivision (a) and involving an act of violence or “a credible threat” of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment pursuant to subdivision (h) of Section 1170.
</html:p>
<html:p>
(e)
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In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by imprisonment pursuant to subdivision (h)
of Section 1170.
</html:p>
<html:p>
(f)
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The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders described in subdivisions (a), (b), (d), and (e).
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<html:p>
(g)
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(1)
<html:span class="EnSpace"/>
Every person who owns, possesses, purchases, or receives a firearm knowing they are prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Every person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
That the defendant make payments to a domestic violence shelter-based program or to a shelter for abused elder persons or dependent adults, up to a maximum of five thousand dollars ($5,000),
pursuant to Section 1203.097.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.
</html:p>
<html:p>
(i)
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For any order to pay a fine, make payments to a domestic violence shelter-based program, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a domestic violence shelter-based program be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of their spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for
restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
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<ns0:Num>SEC. 3.</ns0:Num>
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No reimbursement is required by this act pursuant to Section 6 of Article XIII
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B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
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B of the California Constitution.
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