In California domestic violence cases, modifying or terminating a Criminal Protective Order (CPO) requires formal judicial approval under California Penal Code § 136.2 PC and Penal Code § 1203.097 PC.
A judge issues a CPO to restrict contact between the defendant and the protected party, often at the initial arraignment.
Because this order is issued by the court on behalf of the State of California, private verbal agreements or requests made solely by the alleged victim do not legally alter the court order—only a formal motion filed with the criminal court can transition a "Full Stay-Away Order" to a "Peaceful Contact Order."
What Is a Domestic Violence Criminal Protective Order (CPO)?
A Criminal Protective Order (CPO) is an immediate restraint issued by a judge in a domestic violence criminal case under Penal Code § 136.2 PC. Issued typically at arraignment, the CPO restricts communication and physical proximity between the defendant and the protected person to prevent alleged harassment or violence.
When a defendant is placed on probation for a domestic violence offense, a CPO is mandatorily required for up to 10 years as a condition of probation pursuant to Penal Code § 1203.097 PC.
Types of California Criminal Protective Orders
California criminal courts generally issue one of two primary types of protective orders:
|
Order Type |
Direct & Indirect Contact |
Shared Residence |
| Full Stay-Away Order (Form CR-160) | Strictly Prohibited (No texts, calls, third-party messages, or social media). | Prohibited (Must vacate shared home immediately). |
| Peaceful Contact Order | Allowed (Communications must remain peaceful, non-threatening, and lawful). | Permitted (Subject to specific judicial approval and housing terms). |
Critical Warning: Violating any term of a protective order is a separate criminal offense under Penal Code § 273.6 PC, punishable by up to 1 year in county jail, probation revocation, and increased bail.
Legal Requirements to Modify a Protective Order
To modify a CPO from a Full Stay-Away to a Peaceful Contact Order (or to terminate the order entirely), the moving party must demonstrate a material change in circumstances.
Factors Judges Consider Before Granting a Modification
Judges have broad discretion to modify protective orders. When evaluating a request, the court weighs several key statutory and safety factors:
-
Severity of Allegations: Presence of physical injuries, weapon involvement, or emergency room visits in the underlying arrest.
-
Prior Criminal History: Past convictions involving domestic battery (PC 243(e)(1)), corporal injury (PC 273.5), or prior probation violations.
-
Protected Person's Position: Whether the alleged victim independently requests peaceful contact for child visitation, counseling, or family unification.
-
Probation Compliance: Proof of attendance or completion of court-ordered anger management or domestic violence classes.
-
Interactions with Family Court: Existing family law, divorce, or child custody orders that establish supervised visitation schedules.
How Criminal Protective Orders Interact with Family Court
In cases involving joint custody or divorce, Family Court orders often conflict with Criminal Court Stay-Away Orders.
Under California law, the Criminal Protective Order always takes precedence over a Family Court civil order unless the criminal judge explicitly checks the box on Form CR-160 allowing peaceful contact consistent with Family Court parenting orders.
Frequently Asked Questions (FAQs)
Can the protected person cancel the protective order on their own?
No. The protected person cannot drop, cancel, or modify a criminal protective order. Because the order is issued by the court on behalf of the State of California, only a criminal court judge has the legal authority to modify or dismiss it.
If both parties want contact, will the judge automatically approve it?
No. While the protected person's consent is important, the judge is not required to grant the modification. The court will evaluate independent safety concerns, police reports, and probation compliance before deciding whether to clear peaceful contact.
Can a defendant move back home if a protective order is modified?
Yes, but only if the judge modifies the order to a Peaceful Contact Order and explicitly removes the residential stay-away restrictions. Returning home while a Full Stay-Away Order remains active will result in immediate arrest for violating Penal Code § 273.6 PC.
How does being on probation affect the modification process?
If you are serving a grant of probation for a domestic violence conviction, a protective order is a mandatory condition under Penal Code § 1203.097 PC. Modifying the order requires proving substantial compliance with probation terms, such as completing domestic violence counseling.
How long do domestic violence criminal protective orders last in California?
Pre-trial protective orders last for the duration of the criminal proceedings. If convicted, a post-trial protective order issued as a condition of probation can remain in effect for up to 10 years.
Cron, Israels & Stark can help you. Schedule your consultation today at (424) 372-3112 or use the contact form.
