CALCRIM No. 2701. Violation of Court Order: Protective Order or Stay Away (Pen. Code, §§ 166(c)(1), 273.6)
Judicial Council of California Criminal Jury Instructions (2025 edition)
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2701.Violation of Court Order: Protective Order or Stay Away
(Pen. Code, §§ 166(c)(1), 273.6)
The defendant is charged [in Count ] with violating a court order
[in violation of <insert appropriate code section[s]>].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. A court issued a written order that the defendant
<insert description of content of order>;
2. The court order was a (protective order/stay-away court order/
<insert description of other type of order>) [issued
under <insert code section under which order was
made or applicable language from Pen. Code, § 166(c)(1)(C),
(c)(3)(B), or (c)(3)(C) or § 273.6(c)(2) or (c)(3)>];
3. The defendant knew of the court order;
4. The defendant had the ability to follow the court order;
AND
<For violations of Pen. Code, § 166(c)(3), choose “willfully”; for violations
of Pen. Code, § 273.6, choose “intentionally” for the scienter requirement.>
5. The defendant (willfully/intentionally) violated the court order.
Someone commits an act willfully when he or she does it willingly or on
purpose.
[The People must prove that the defendant knew of the court order and
that (he/she) had the opportunity to read the order or to otherwise
become familiar with what it said. But the People do not have to prove
that the defendant actually read the court order.]
New January 2006; Revised June 2007, April 2008, August 2009, September 2024
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
In element 2, in all cases, insert the statutory authority or applicable language under
which the order was issued. (See Pen. Code, §§ 166(c)(1) & (3), 273.6(a) & (c).) If
the order was not a qualifying order listed in Penal Code section 166(c)(1) or
273.6(c)(1), insert a description of the type of order from the statute.
Give the bracketed paragraph that begins with “The People must prove that the
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defendant knew” on request. (People v. Poe (1965) 236 Cal.App.2d Supp. 928,
938-941 [47 Cal.Rptr. 670]; People v. Brindley (1965) 236 Cal.App.2d Supp. 925,
927-928 [47 Cal.Rptr. 668], both decisions affd. sub nom. People v. Von Blum
(1965) 236 Cal.App.2d Supp. 943 [47 Cal.Rptr. 679].)
If the prosecution alleges that physical injury resulted from the defendant’s conduct,
in addition to this instruction, give CALCRIM No. 2702, Violation of Court Order:
Protective Order or Stay Away - Physical Injury. (Pen. Code, §§ 166(c)(2),
273.6(b).)
If the prosecution charges the defendant with a felony based on a prior conviction
and a current offense involving an act of violence or credible threat of violence, in
addition to this instruction, give CALCRIM No. 2703, Violation of Court Order:
Protective Order or Stay Away - Act of Violence. (Pen. Code, §§ 166(c)(4),
273.6(d).) The jury also must determine if the prior conviction has been proved
unless the defendant stipulates to the truth of the prior. (See CALCRIM Nos.
3100-3103 on prior convictions.)
AUTHORITY
• Elements. Pen. Code, §§ 166(c)(1), 273.6.
• “Willfully” Defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th
102, 107 [51 Cal.Rptr.2d 402].
• Knowledge of Order Required. People v. Saffell (1946) 74 Cal.App.2d Supp.
967, 979 [168 P.2d 497].
• Proof of Service Not Required. People v. Saffell, supra, 74 Cal.App.2d Supp. at
p. 979.
• Must Have Opportunity to Read but Need Not Actually Read Order. People v.
Poe, supra, 236 Cal.App.2d Supp. at pp. 938-941; People v. Brindley, supra,
236 Cal.App.2d Supp. at pp. 927-928, both decisions affd. sub nom. People v.
Von Blum (1965) 236 Cal.App.2d Supp. 943 [47 Cal.Rptr. 679].
• Ability to Comply With Order. People v. Greenfield (1982) 134 Cal.App.3d
Supp. 1, 4 [184 Cal.Rptr. 604].
• General-Intent Offense. People v. Greenfield, supra, 134 Cal.App.3d Supp. at p.
4.
• “Abuse” Defined. Pen. Code, § 13700(a); Fam. Code, § 6203.
• “Cohabitant” Defined. Pen. Code, § 13700(b); Fam. Code, § 6209.
• “Domestic Violence” Defined. Evid. Code, § 1109(d)(3); Pen. Code, § 13700(b);
Fam. Code, § 6211; see People v. Poplar (1999) 70 Cal.App.4th 1129, 1139 [83
Cal.Rptr.2d 320] [spousal rape is higher level of domestic violence].
• “Abuse of Elder or Dependent Adult” Defined. Pen. Code, § 368.
LESSER INCLUDED OFFENSES
If the defendant is charged with a felony based on a prior conviction and the
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allegation that the current offense involved an act of violence or credible threat of
violence (Pen. Code, §§ 166(c)(4), 273.6(d)), then the misdemeanor offense is a
lesser included offense. The court must provide the jury with a verdict form on
which the jury will indicate if the additional allegations have or have not been
proved. If the jury finds that the either allegation was not proved, then the offense
should be set at a misdemeanor.
RELATED ISSUES
See the Related Issues section of CALCRIM No. 2700, Violation of Court Order.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Governmental Authority, § 31.
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the
Person, §§ 64, 66-68.
1 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 11, Arrest,
§ 11.02[1] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.13[4] (Matthew Bender).
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