In California criminal cases, when a defendant is accused of domestic violence, assault, sexual abuse, or witness intimidation, the prosecutor routinely requests a Criminal Protective Order (CPO).

Issued under California Penal Code 136.2, a CPO is a mandatory court order designed to shield crime victims and witnesses from potential harm, harassment, or retaliation during and after criminal proceedings.

While District Attorneys request CPOs as standard procedure, the presiding judge retains ultimate discretion to grant, deny, or modify the terms of the order.

Because a CPO immediately impacts housing rights, child contact, and constitutional firearm privileges, understanding how these orders function—and how to modify them—is critical.

Facing a Criminal Protective Order in Southern California?

A CPO can force you out of your home and separate you from your family before you have even had your day in court. The experienced Los Angeles defense attorneys at Cron, Israels & Stark can challenge unnecessary protective orders and petition the court for modifications that allow peaceful contact.

Call (424) 372-3112 or contact us online to schedule your confidential consultation.

What Is a California Criminal Protective Order (PC 136.2)?

A Criminal Protective Order (CPO) is an enforceable order issued by a criminal court judge to protect a named victim, witness, or their immediate family members from harm or intimidation by a criminal defendant.

Under Penal Code 136.2 PC, a standard Criminal Protective Order legally mandates that the defendant must:

• Refrain from harassing, threatening, stalking, annoying, or assaulting the protected person.

• Cease all direct and indirect contact (including phone calls, text messages, social media, emails, and third-party messages sent via friends or family).

• Maintain a specific physical distance (typically 100 yards) from the protected person, their home, workplace, school, or daycare.

• Relinquish all firearms: Surrender any owned or possessed firearms to local law enforcement or sell them through a licensed gun dealer within 24 hours under California law.

Criminal Protective Order (CPO) vs. Domestic Violence Restraining Order (DVRO)

Although both serve protective functions, CPOs and DVROs originate in completely different court systems:

When and How Are CPOs Issued in California?

A judge typically issues a CPO at the defendant's first court appearance (the arraignment). Under California law, defendants charged with domestic violence offenses must be physically present in court when served with the protective order.

Offenses That Commonly Trigger a CPO

• Domestic Violence (Penal Code § 273.5 & § 243(e)(1))

• Assault and Battery (Penal Code § 240 / § 242 / § 245)

• Sexual Abuse and Sexual Battery (Penal Code § 243.4)

• Stalking and Criminal Threats (Penal Code § 646.9 & § 422)

• Witness Intimidation (Penal Code § 136.1)

• Vandalism or Property Destruction tied to domestic disputes

Factors the Court Evaluates at Arraignment

Before granting a CPO, the judge reviews the case file and considers:

• The severity and violent nature of the alleged crime.

• Whether the alleged victim suffered physical injuries.

• Expressed fear of future harm by the victim or witnesses.

• Existing civil restraining orders or prior domestic violence history.

• Potential financial or emotional hardship imposed on dependent family members.

Duration of a California Criminal Protective Order

The duration of a CPO depends on the underlying charges and case outcomes:

• Pre-Trial / Temporary CPO: Remains active throughout the duration of the criminal case (up to 3 years during active proceedings).

• Automatic Termination: If the criminal charges are dismissed or the defendant is acquitted at trial, the pre-trial CPO automatically terminates.

• Post-Conviction 10-Year CPO: If convicted of domestic violence, sexual assault, or specific violent felonies, the judge may issue a post-conviction protective order lasting up to 10 years under Penal Code § 136.2(i)(1). This order remains valid even while the defendant is incarcerated.

Modifying a CPO: Requesting a "Peaceful Contact" Order

In many domestic violence cases, spouses or co-parents wish to remain in the shared home, co-parent their children, or resolve personal matters peacefully. However, a defendant cannot simply agree with the victim to ignore a CPO—doing so constitutes a separate criminal offense.

How to Modify a Full "No Contact" Order

To modify a CPO, defense counsel must request a formal modification hearing before the criminal judge. The defense typically petitions for a "Peaceful Contact" (or "No Negative Contact") order.

If granted by the judge, a peaceful contact modification:

• Allows the defendant to return to the family home.

• Permits personal, written, and electronic communication.

• Strictly prohibits any hostile, harassing, or abusive behavior.

During the hearing, the court will evaluate whether the protected party supports the modification, whether safety risks are minimized, and whether the defendant has enrolled in counseling or a 52-week Batterers' Intervention Program (BIP).

Penalties for Violating a Criminal Protective Order

Violating a CPO in California is a serious offense under Penal Code § 273.6. Law enforcement agencies receive electronic notice of active CPOs within 24 hours of service.

• Misdemeanor Violation: Punishable by up to 1 year in county jail and fines up to $1,000.

• Felony / Repeat Violation: If the violation involves physical force, acts of violence, or occurs within seven years of a prior violation, prosecutors can file felony charges carrying state prison sentences.

Why You Need a Defense Attorney for a CPO Hearing

Allowing an unchecked "Full No Contact" CPO to take effect at arraignment can displace you from your residence, cut off access to your children, and complicate ongoing family law disputes.

An experienced criminal defense attorney at Cron, Israels & Stark can:

• Argue against unnecessary protective orders during initial arraignment hearings.

• Demonstrate to the judge that the alleged victim does not fear harm.

• File formal motions for CPO modifications to restore peaceful family contact.

• Defend against false allegations of protective order violations.

If you are facing criminal charges or a protective order in California, early legal representation is essential. Contact Cron, Israels & Stark today for dedicated legal support.

Frequently Asked Questions (FAQs)

Can the victim drop a Criminal Protective Order in California?

No. The victim cannot unilaterally drop or cancel a CPO. Because a CPO is issued by a criminal court judge at the request of the state prosecutor, only the presiding judge has the legal authority to modify or terminate the order.

What is the difference between a "No Contact" order and a "Peaceful Contact" order?

A "No Contact" order strictly prohibits all forms of communication, physical proximity, and third-party messages. A "Peaceful Contact" order allows the restrained person to live with, talk to, and be near the protected party, provided all interactions remain peaceful and non-threatening.

Can I be arrested for violating a CPO if the victim invited me over?

Yes. A victim cannot legally permit you to violate a court order. Even if the protected person invites you to their residence or initiates contact, law enforcement can arrest you for violating Penal Code § 273.6 if a judge has not formally modified the order.

How does a Criminal Protective Order affect my firearm rights?

Under California law, being served with a CPO triggers an immediate ban on owning, purchasing, or possessing firearms. You are required to surrender all firearms to local law enforcement or sell them to a licensed gun dealer within 24 hours of receiving the order.

What happens to a Criminal Protective Order if my case gets dismissed?

If all criminal charges against you are dismissed or you are acquitted of all charges at trial, any pre-trial Criminal Protective Order issued under Penal Code 136.2 automatically expires and is no longer legally binding.

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