Understanding Criminal Protective Orders and Violations in DV Cases

When a Domestic Violence case starts, the court often issues a criminal protective order (sometimes called a “stay-away” or “no-contact” order). These orders are meant to protect a victim or witness and reduce the risk of further conflict while a case is pending. In California, Penal Code 166(c)(1) makes it a misdemeanor to willfully and knowingly violate certain protective or stay-away orders that were issued in a criminal case.

This article explains what PC 166(c)(1) is, how violations often happen, what an Arrest may look like, how bail amount can be set, and how a Bail Bondsman can help someone in Auburn, California move forward quickly and responsibly.

Quick note: This blog is general information, not legal advice. If you’re facing charges, talk to a qualified attorney about your specific situation.

What is a criminal protective order in a Domestic Violence case?

A criminal protective order (CPO) is a judge’s order designed to protect a victim or witness of a crime. Courts commonly issue CPOs early in a case—often at the defendant’s first appearance—especially in Domestic Violence matters.

A CPO can include terms such as:

• No contact: no calls, texts, DMs, emails, gifts, or messages through friends.
• Stay-away distance: the restrained person must remain a specified distance from the protected person, their home, work, or school.
• Firearm restrictions: many DV-related criminal protective orders include firearm and ammunition surrender rules (the CR-160 DV CPO form includes “no firearms” terms and compliance requirements).

A crucial detail: even if the protected person wants contact, the protective order still applies until a judge changes it. (In other words, “we both agreed” is not the same as “the court modified the order.”)

PC 166(c)(1) explained in plain English

California Penal Code 166 is the state’s “contempt of court” statute. One part of it—166(c)(1)—covers willfully and knowingly violating a protective or stay-away order issued in a criminal proceeding (commonly under Penal Code 136.2).

To summarize the core concept:

• A court issued a valid order (like a no-contact/stay-away order),
• the restrained person knew about it, and
• still intentionally did something the order prohibited.

That “willfully and knowingly” language matters: misunderstandings and grey areas are common in real life, but courts take these orders seriously because they’re meant to prevent escalation.

Common ways protective order violations happen

Many people picture a violation as an angry confrontation. In reality, PC 166(c)(1) violations often happen through everyday choices—especially in a world where contact is easy and constant.

Here are common examples (not an exhaustive list):

• “Just one text” to apologize, explain, or check in
• Social media contact: DMs, comments, reactions, tagging, or even indirect messaging
• Third-party communication: asking a friend or family member to “tell them something”
• Accidentally showing up at the protected person’s workplace, gym, or a shared event
• Child-related confusion: trying to coordinate parenting time outside the exact exception the order allows
• Proximity violations: being within the stay-away distance even without speaking

Some criminal protective orders include limited exceptions (for example, for peaceful contact only during child exchanges and court-ordered visitation), but those exceptions must be followed exactly as written.

What happens after an Arrest for PC 166(c)(1)?

If law enforcement believes a protective order was violated, the restrained person may be arrested and booked. Depending on the circumstances, an agency such as the Placer County Sheriff’s Office may process the case, and the person may be held pending release conditions.

After booking, the next steps often involve:

1. A bail review or bail schedule amount (if bail applies)
2. Release conditions (which may include stricter no-contact terms)
3. A court date/arraignment

Courts treat these violations as serious because they involve court authority, victim safety, and the stability of a pending Domestic Violence case.

Misdemeanor penalties: jail, fines, and more

PC 166 offenses are generally misdemeanors and can carry jail time and fines.
Some legal summaries note that violations of protective/stay-away orders under PC 166(c) can be punished by up to 364 days in county jail and a fine up to $1,000 (details vary based on circumstances and subdivisions).

In real cases, outcomes can also include:

• Probation terms
• Mandatory counseling or DV-related programs
• Additional “stay-away” restrictions
• Firearm prohibitions while the order is active (common in DV CPOs)

Understanding bail amount for PC 166(c)(1)

Bail is not one-size-fits-all

A bail amount can be influenced by:

• the county bail schedule (each county may adopt its own schedule)
• the facts of the alleged violation (contact vs. proximity vs. threats, etc.)
• any prior history of violations
• public safety considerations
• whether there are related pending charges

Real-world schedule examples

To give you a sense of how counties often treat this charge, some published misdemeanor/felony bail schedules list PC 166(c)(1) at $5,000. For example:

• Sacramento County bail schedule lists PC 166(c)(1) at $5,000.
• Marin County misdemeanor bail schedule lists 166(c)(1) “Violation of Domestic Violence Stay Away Order” at $5,000.

Because schedules vary by county and can change, the most accurate bail figure comes from the local court’s adopted schedule or a judge’s order in the specific case.

Why “quick release” still needs a smart, careful plan

In a Domestic Violence protective order situation, the goal isn’t just release—it’s release without making the situation worse.

A smart post-release plan usually includes:

• Getting a copy of the order and reading every term (distance, contact, third-party contact, social media rules, child exchange rules)
• Saving proof of compliance (for example, if ordered to surrender firearms or ammunition, follow the court instructions promptly)
• Setting practical boundaries: block numbers/social media if needed, change routines to avoid accidental proximity, and coordinate child exchanges only through allowed channels
• Speaking with counsel about modifying the order through court if changes are necessary

Q&A: PC 166(c)(1) protective order violations

1) Is PC 166(c)(1) a misdemeanor?

Yes. PC 166(c)(1) is generally charged as a misdemeanor contempt-of-court offense involving violation of a criminal protective order/stay-away order.

2) What if the protected person contacted me first?

Even if the protected person reaches out or “permits” contact, the order still applies until the court modifies it. The safer move is to avoid contact and address any needed changes through court.

3) What counts as “contact”?

Often, it includes calls, texts, DMs, emails, social media interactions, and messages sent through other people. The exact definition depends on the written order.

4) What is a typical bail amount for this charge?

Bail can vary by county and circumstances. Some county schedules list $5,000 for PC 166(c)(1) as a presumptive figure.

5) Can the protective order be changed?

Sometimes, yes—but only a judge can modify or terminate it. The process and eligibility depend on the case type and court orders in place.sxz

What makes Bail House Bail Bonds stand out in the Auburn area

When someone is arrested for a misdemeanor like PC 166(c)(1), the situation can feel urgent, stressful, and confusing—especially when protective order rules are involved. Here’s what can make a professional Bail agent and team stand out:

• Speed and availability: help when the arrest happens, not “business hours only.”
• Clear communication: explaining the Bail Bond process in plain language so families know what to expect.
• Local familiarity: knowing how releases typically work in the area and what steps tend to move things forward efficiently.
• Respectful, judgment-free service: DV cases can be emotionally charged; a calm process helps everyone make better decisions.
• Focus on compliance: helping clients understand the seriousness of court dates and release conditions so they don’t accidentally create new problems.

If you or a loved one needs help with a Bailbond in Auburn California, working with a trusted local bail team can make the process faster and far less overwhelming.