California Codes

Cal. Penal Code § 166 (2026)

✓ current as of May 2026

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(a)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:

(1)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.

(2)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.

(3)A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court.

(4)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.

(5)Resistance willfully offered by a person to the lawful order or process of a court.

(6)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.

(7)The publication of a false or grossly inaccurate report of the proceedings of a court.

(8)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.

(9)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.

(b)(1)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.

(2)For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision.

(3)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.

(4)For purposes of this subdivision, the following definitions shall apply:

(A)“Social media” has the same definition as in Section 632.01.

(B)“Electronic communication” has the same definition as in Section 646.9.

(C)“Electronic communication device” has the same definition as in Section 646.9.

(c)(1)Notwithstanding paragraph (4) of subdivision (a), 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:

(A)An order issued pursuant to Section 136.2.

(B)An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097.

(C)An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368.

(D)An order issued pursuant to Section 1201.3.

(E)An order described in paragraph (3).

(F)An order issued pursuant to subdivision (j) of Section 273.5.

(2)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.

(3)Paragraphs (1) and (2) apply to the following court orders:

(A)An order issued pursuant to Section 6320 or 6389 of the Family Code.

(B)An order excluding one party from the family dwelling or from the dwelling of the other.

(C)An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1).

(4)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 in a county jail not to exceed one year, or in the state prison for 16 months or two or three years.

(5)The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1).

(d)(1)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.

(2)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.

(e)(1)If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097.

(2)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:

(A)That the defendant make payments to a domestic violence shelter-based program up to a maximum of one thousand dollars ($1,000).

(B)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.

(3)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.

(4)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.

(5)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.

Notes of Decisions

Cited in 138 cases (52 in the last 5 years), 1953–2026 · leading case: Manuel Vasquez v. Tony Rackauckas, 734 F.3d 1025 (9th Cir. 2013).

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Manuel Vasquez v. Tony Rackauckas, 734 F.3d 1025 (9th Cir. 2013). · cites it 4× “…and five days imprisonment, see Cal. Civ. Proc. Code §§ 1209 , 1218, or in a criminal misdemeanor proceeding, see Cal. Penal Code §§ 166 (a)(4), (10),24 for which the maximum 24 California Penal Code § 166(a)(4) criminalizes the “[w]illful disobedience of the terms as…”

Hicks Ex Rel. Feiock v. Feiock, 485 U.S. 624 (1988). · cites it 2× “1988) with Cal. Penal Code Ann. § 166 ( West 1970 ), it has merged the two kinds of proceedings under the same procedural rules.”

In Re Nolan W., 203 P.3d 454 (Cal. 2009). · cites it 2× “829 ] [juvenile court could not use criminal contempt (Pen. Code, § 166) to impose confinement time on a § 602 ward for noncriminal conduct that was a violation of probation]; see also In re Ronald S.”

People v. Eric J., 601 P.2d 549 (Cal. 1979). · cites it 2× “Code, § 459) and was in contempt of court for violating conditions of an earlier order granting probation (Pen. Code, § 166, subd. 4). The maximum term for which he might be confined was determined to be three and one-half years three years for the burglary and six months for…”

Safer v. Superior Court, 540 P.2d 14 (Cal. 1975). · cites it 4× “Although the declarant swore that the behavior in question constituted a violation of the court order, he noted no other actions as constituting independent violations of law. Indeed he even noted that when defendants parked their vehicles in order to alight and engage in the…”

Moss v. Superior Court, 950 P.2d 59 (Cal. 1998). · cites it 2× “) Inasmuch as the Legislature has expressly authorized the court to consider earning capacity in making a child support order if doing so is in the best interests of the child (Fam. Code, § 4058, subd.”

Manuel Vilchez v. Eric Holder, Jr., 682 F.3d 1195 (9th Cir. 2012). “Cal.Penal Code §§ 166(c)(1), 237.5(a). Vilchez pled guilty to both charges.”

People v. Soto, 245 Cal. App. 4th 1219 (Cal. Ct. App. 2016). “(a)), and violating a criminal protective order (Pen. Code, § 166, subd. (c)(1)). 2 On January 22, 2015, defendant pleaded nolo contendere to driving with a blood-alcohol content of 0.”

People v. Ricardo A., 95 Cal. Daily Op. Serv. 1598 (Cal. Ct. App. 1995). · cites it 4× “(b)); and count 4, contempt of court, in that he possessed gang paraphernalia and a knife in violation of a court order (Pen. Code, § 166, former subd. 4). On October 7, 1992, the two cases were consolidated.”

Murgia v. Mun. Court, 540 P.2d 44 (Cal. 1975). · cites it 2× “" [17] In the course of argument on the discovery motion, defense counsel explained that defendants would seek to prove that the criminal contempt statute (Pen. Code, § 166, subd. 4) was rarely invoked in connection with alleged violations of civil injunctions and that the Kern…”

People v. Zamani, 183 Cal. App. 4th 854 (Cal. Ct. App. 2010). · cites it 2× “) [5] The prosecutor sought admission of evidence of defendant's prior misdemeanor offenses of contempt of court (Pen. Code, § 166) and unauthorized practice of law (Bus.”

People v. Mary D., 95 Cal. App. 3d 34 (Cal. Ct. App. 1979). · cites it 3× “849 ]), but we do not believe the use of criminal contempt (Pen. Code, § 166, subd. 4) to elevate what would be a Welfare *37 and Institutions Code section 601 2 offense to a section 602 3 offense is appropriate.”

Show all 138 citing cases →

— Cal. Penal Code § 166(4) — 1 case

Collins v. Womancare, 878 F.2d 1145 (9th Cir. 1989).

— Cal. Penal Code § 166(a) — 1 case

Cavanagh v. Cavanagh CA2/6 (Cal. Ct. App. 2022).

— Cal. Penal Code § 166(a)(4) — 9 cases

Manuel Vasquez v. Tony Rackauckas, 734 F.3d 1025 (9th Cir. 2013). “…and five days imprisonment, see Cal. Civ. Proc. Code §§ 1209 , 1218, or in a criminal misdemeanor proceeding, see Cal. Penal Code §§ 166 (a)(4), (10),24 for which the maximum 24 California Penal Code § 166(a)(4) criminalizes the “[w]illful disobedience of the terms as…”

Sonnier v. Los Angeles Cnty. Dist. Attorney's Off., 33 F. App'x 252 (9th Cir. 2002).

(PS) Robinson v. Butte Cnty. (E.D. Cal. 2022).

(PS) Robinson v. Bryant (E.D. Cal. 2021).

— Cal. Penal Code § 166(c)(1) — 2 cases

Manuel Vilchez v. Eric Holder, Jr., 682 F.3d 1195 (9th Cir. 2012). “Cal.Penal Code §§ 166(c)(1), 237.5(a). Vilchez pled guilty to both charges.”

(HC) Floyd v. Fox (E.D. Cal. 2021).

— Cal. Penal Code § 166(c)(4) — 1 case

People v. Groner CA4/1 (Cal. Ct. App. 2025).

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