In the state of California, after anyone has been accused of being involved in domestic violence or other incidents, the prosecutor will typically ask the court to issue a Criminal Protective Order, commonly known as a “CPO.” Although the prosecuting attorney normally petitions the court for a protective order, the judge has the discretion to grant or deny the order after reviewing the facts of the case.
Issuing a CPO, as per California Penal Code 136.2 PC, is a powerful tool to protect individuals at risk due to a criminal investigation or who are victims of a crime. This legal measure is designed to provide a sense of security and peace of mind to those in vulnerable situations.
A criminal protective order (CPO) is a court order that protects a victim of a crime, including domestic violence, from further harm or harassment by the suspect, who is normally a defendant in a criminal matter.
On the other hand, a domestic violence restraining order (DVRO) is a court order that can be requested in a family law issue if there is a victim of physical or mental abuse from a partner.
Due to the advantages of criminal protective orders for victims of domestic violence, most DAs routinely and automatically obtain criminal protective orders on all domestic violence, sexual assault, and child abuse cases.
A criminal protective order is comprehensive. In fact, the order mandates that a defendant shall not harass, threaten, stalk, or assault the protected person and have no personal, electronic, or written contact. It also states the defendant must not come within a certain distance of the victim.
If they own a firearm, they are required to surrender it to a local police station or sell it within 24 hours. Further, it allows the victim to record any prohibited contact
It's crucial for victims to understand their legal rights and express any fears to the District Attorney and the judge. With the right legal assistance, the process of obtaining a criminal protective order can be navigated with confidence and support.
In some cases, our experienced California criminal defense lawyers might be able to prevent someone from having a CPO issued against them or modify it.
If successful in a CPO modification, the accused could be allowed to have peaceful contact with the protected person. The court will consider many different factors when requesting a modified CPO.
Issuing a Criminal Protective Order in California
A criminal protective can protect the victim of a crime from further harm or harassment by a suspect, who is normally a defendant in a criminal matter.
A victim of violence, witnesses, and their family members, who could be subjected to intimidation, could also be eligible for a criminal protective order. The following types of cases will most often result in the court granting a criminal protective order:
- Sexual Abuse
- Assault and Battery
- Domestic Violence
- Stalking
- Vandalism
The court that issues a criminal protective order will typically make the order at the defendant's first court appearance, which is the arraignment.
California law requires a domestic violence defendant to be present in court where they are served with a criminal protective order. The defendant's arraignment on domestic violence charges is an important stage in the process as it allows them to address a criminal protective order issuance with the assistance of their domestic violence lawyer.
During the arraignment process, and with help from their attorney, the defendant might be able to show that the alleged victim has no reasonable fear of bodily harm and that issuing a criminal protective order could cause hardship. The impact of a CPO will separate family members, which can cause emotional distress and financial hardship.
Factors Considered by the Court to Issue California Criminal Protective Order
There are a wide variety of factors that are reviewed by the judge in order to determine whether to issue a criminal protective order against the defendant. These include:
- The type and serious nature of the alleged crime
- Defendant's relationship to the alleged victim
- Did the alleged victim sustain injuries?
- Is the alleged victim in fear of future harm?
- Are there any current restraining orders against the defendant?
- Defendant's criminal history, including domestic violence allegations
If the court issues a criminal protective order, the defendant is ordered not to contact, harass, threaten, annoy, or commit any acts of violence against the protected person.
It will also prohibit the defendant from communicating with the protected person through a third party, such as a family member or friend. Additionally, law enforcement will receive notification of the criminal protective order issued against the defendant by the next day.
Any defendant who violates the criminal protective order can receive punishment by the court for a separate crime. The sentence includes up to six months in the county jail and a $1,000 fine.
Length of a California Criminal Protective Order
The length of a California criminal protective order will be determined based on the reason it was issued.
For instance, if a CPO is issued to protect a victim or witness during a criminal case, it will be in effect for three years. Importantly, once the defendant is convicted and sentenced, the CPO will be automatically terminated, providing a sense of closure and relief to the victim.
If a defendant has been convicted of a sex offense or domestic violence, the judge could issue a criminal protective order that would prohibit the defendant from contacting the victim for 10 years. The CPO remains valid even in a situation where the defendant is in custody.
The protected person listed in a criminal protective order can request a modification. This is fairly common in married couples with children living in the same house. The modification could permit the restrained person to stay in the home.
Normally, the best way to modify the CPO is to ask the judge for a peaceful contact or no negative contact order. This means it won't actually terminate the protective order, but it would allow the restrained person to contact and even be near the protected party. However, it must be peaceful. This modification process involves a separate court hearing where the judge will consider the circumstances and decide whether to grant the modification.
Need Help with a California Criminal Protective Order?
Due to the collateral consequences of a criminal protective order, you should consult with a skilled criminal defense lawyer in order to challenge the issuance of the order
Our law firm has decades of experience handling California criminal protective orders. A CPO hearing could occur during the pretrial phase of a domestic violence case.
For additional information or help with your CPO issue, call our Los Angeles criminal defense lawyers at 424-372-3112 to discuss the details of your situation.
Related Content:
