When a court issues a criminal Domestic Violence protective order (often called a “criminal protective order” or “stay-away order”), it is not a suggestion—it is a direct command. Violating that order can lead to an Arrest, new criminal charges, and a higher bail amount, even if the contact seems “minor” (like a quick text or showing up somewhere you “didn’t mean to”). In Nevada County, a charge under Penal Code 166(c)(1) is treated seriously because it involves safety, court authority, and Domestic Violence risk factors.
This article explains what 166(c)(1) Misdemeanor CONTEMPT—VIOLATION OF CRIMINAL D.V. PROTECTIVE ORDER means, how cases often begin with a Sheriff response, what penalties may apply, how bail typically works, and how a Bail Bond can help someone get out of jail while the court process continues.
Quick note: This is general information, not legal advice. If you or a loved one is facing a charge, talk to a qualified attorney about the facts of the case.
In plain English, Penal Code 166(c)(1) makes it a misdemeanor to willfully and knowingly violate certain protective or stay-away court orders—especially orders issued in criminal cases, including orders issued under Penal Code 136.2 (a common basis for criminal protective orders in Domestic Violence cases).
That means the court believes there is a reason to limit contact or proximity—often to protect an alleged victim, a witness, or a household member while a criminal case is pending. If the restrained person breaks those rules, the state can file a new charge for contempt.
People often confuse these:
A criminal protective order is issued in a criminal case (for example, after a DV-related arrest, at arraignment, or as a condition of release).
A civil restraining order is usually requested in civil/family court.
Both can lead to serious consequences if violated, but 166(c)(1) is commonly used when the order is tied to the criminal court process.
Many cases begin the same way:
A protective order is issued (often “no contact” and/or “stay away”).
There’s an alleged violation—like a call, text, DM, showing up at a home/workplace, or sending a message through a third party.
Someone reports the incident.
A Sheriff (or another law enforcement agency) responds, documents the allegation, and an arrest may occur if they believe there is probable cause.
Even if the protected person wanted contact, the restrained person can still be arrested. Courts often view the order as protecting the integrity of the case and preventing escalation—not as something either party can privately “waive.”
A protective-order violation is not supposed to be based on guesswork. Under California’s criminal jury instructions, the prosecution generally must prove things like:
A court issued a written order (protective/stay-away type);
The defendant knew about the order;
The defendant had the ability to follow the order; and
The defendant willfully violated it.
In real life, cases can turn on details: Was the order properly communicated? Was the person actually aware of the specific restrictions? Was the “contact” intentional? Did the person have the ability to comply?
Penal Code 166(c)(1) is a misdemeanor that can be punishable by:
Up to one year in county jail, and/or
A fine of up to $1,000.
If the violation results in physical injury, the statute requires at least 48 hours in county jail.
There are also scenarios where repeat conduct or violent/credible threat facts can increase exposure significantly (including potential felony treatment in certain repeat-offense situations).
If probation is granted on a conviction for violating subdivision (c), the court must impose probation consistent with Penal Code 1203.097 (which is the probation framework often used in Domestic Violence-related cases).
That can mean court-ordered classes, counseling, stay-away rules, and other conditions that are closely monitored.
Even when the case stays a misdemeanor, a protective-order violation can create big ripple effects:
Tougher release conditions (stricter no-contact or expanded stay-away)
Immigration consequences for non-citizens (case-specific—get legal advice)
Firearm restrictions depending on the order and circumstances
Employment and housing problems from a new arrest record
Complications in family law matters (custody/visitation)
After an Arrest, one of the first questions families ask is: “What is the bail amount?”
Nevada County publishes a bail schedule, and it lists 166(c)(1) Contempt – Violation of Criminal D.V. Protective Order at $7,500.
A bail schedule is a starting point—not a guarantee. A judge can raise or lower bail based on factors like criminal history, the facts of the alleged violation, safety concerns, and whether there are other charges. Still, knowing the typical schedule amount helps families prepare quickly.
If bail is set, a Bailbond (also written as Bail Bond) is a way to post bail without paying the full bail amount out of pocket. Instead, you work with a Bail Bondsman (or Bail agent) who posts a surety bond with the court so the person can be released while the case proceeds.
In California, the bond premium is typically a percentage of the bail (often discussed as 10%). The premium is generally non-refundable because it pays for the bond service and the risk the bail company takes on.
A good Bail Bondsman will also explain something many people don’t realize:
Posting bail does not “fix” the case. It only helps someone get out of jail so they can keep working, support their family, attend court, and meet conditions of release. Violating the protective order again can lead to re-arrest, higher bail, and tougher outcomes—so the #1 priority after release is strict compliance.
This is where many 166(c)(1) cases come from—people don’t always take the order literally enough. Examples include:
“Just checking in” via text or call
Responding when the protected person reaches out first
Sending messages through friends/family (third-party contact)
Showing up at a shared home to “grab belongings”
Going to a place the protected person is known to be (if the order is stay-away)
Posting about the protected person online in a way that can be viewed as contact/harassment
If an order is active, the safest move is simple: no contact and no proximity if the order says stay away—until a court modifies it.
If someone is arrested in Nevada County for violating a criminal DV protective order, the practical steps are usually:
Confirm the charge and bail amount (and whether any holds apply).
Contact a Bail agent if you plan to post a Bail Bond.
Get the court date information and show up early to every hearing.
Read the protective order carefully (or have an attorney explain it) and follow it exactly.
Avoid discussing the incident over jail phones or recorded lines.
Consult a defense attorney as soon as possible.
Yes, it’s possible. A protective order is a court order, and the restrained person is generally expected to follow it even if the protected person reaches out. Talk to an attorney about the facts and whether a modification request is appropriate.
Intent can matter. The prosecution usually must prove the violation was willful and that the person knew about the order.
But “I didn’t mean to” isn’t always enough if the conduct looks intentional (like repeated calls/texts).
The Nevada County bail schedule lists $7,500 for 166(c)(1) Contempt – Violation of Criminal D.V. Protective Order.
A judge can adjust bail depending on the situation.
Sometimes, yes—but only the court can change it. Do not test boundaries informally. An attorney can help request a modification, and the judge decides.
No. Bail does not cancel court orders. In fact, release often comes with more conditions, and violating them can lead to re-arrest and harsher consequences.
When someone is sitting in jail, speed and clarity matter—but so does professionalism. Bail House Bail Bonds stands out because the focus isn’t just on posting a Bail Bond; it’s on helping families navigate a stressful moment with clear guidance and steady communication.
Here’s what people typically value when working with Bail House Bail Bonds in Nevada County:
Fast response when time matters (because arrests can happen nights, weekends, and holidays)
Clear explanations of the Bailbond process, fees, and what the cosigner is agreeing to
Respect and discretion in sensitive Domestic Violence-related situations
Help coordinating paperwork and next steps so release doesn’t get delayed unnecessarily
A practical, local understanding of how the Nevada County process typically moves (from booking to release)
If you need help right now, reach out to a trusted Bail Bondsman who will walk you through the options step-by-step—without judgment and without confusion.