Is a Protection Order Civil or Criminal?

Protective orders may be issued by both civil and criminal courts in California. Criminal protective orders are often issued during the court hearing of a criminal case. These court orders are separate from any restraining orders issued in civil court, including in family court matters. Types of civil restraining orders that can be issued in Los Angeles include: Civil harassment restraining orders Domestic violence restraining orders Elder abuse restraining orders Gun violence restraining orders Workplace violence restraining orders School violence restraining orders Temporary protective orders Hiring a criminal protective order defense attorney in Los Angeles, CA, who has experience in both restraining order matters and criminal defense law can help you address every aspect of the criminal proceedings against you.

How Long Does a Criminal Protective Order Last in California?

Generally, a criminal protective order in California can last for: The entirety of the legal proceedings (and potentially beyond) Until the order expires, if the form lists an expiration date Until the court issues a new ruling that modifies or terminates the protective order Up to 10 years for a postconviction protective order, and potentially longer if renewed or extended The actual duration of an individual criminal protective order varies depending on the circumstances of the case, the details included on the form, and the severity of the threat you are accused of posing to the alleged victims or witnesses. Having an attorney review all legal documents that pertain to your situation can help you better understand the terms of the criminal protective order issued against you.

Can You Modify a California Criminal Protective Order?

It is possible to get a criminal restraining order against you changed or removed. Under California law, you can begin the process of asking the court to modify a criminal protective order by filing a Petition for Modification of a Criminal Protective Order with the court that made the original order. As part of your petition, it is necessary to include a declaration explaining why you believe your petition should be granted. You may also include any evidence that supports your case. For example, if your circumstances have changed since the original petition and you believe you can demonstrate to the judge that you are not a threat to the protected persons, you can present evidence in support of this assertion, ideally with the help of a knowledgeable Los Angeles criminal protective order lawyer. The final decision as to whether or not to modify or terminate the criminal protective order against you lies with the judge. Having experienced legal guidance on your side can help improve the likelihood of a favorable outcome.

Who Can Request a Criminal Protective Order Against You in California?

In California, an alleged victim or someone who claims to have witnessed the crime may petition the courts for a criminal protective order. Typically, the alleged victim or a police officer involved in the case can request such an order. The court may also issue a criminal protective order without being petitioned to do so, especially if the judge perceives that you could pose a risk of future harm to the victim. Criminal protective orders are primarily requested in criminal domestic violence cases but may also be used in other criminal matters.

How Does a Criminal Protective Order Impact Child Custody or Visitation in California?

A criminal protective order in California can significantly impact child custody or visitation, especially in cases involving family members. When a judge issues a criminal protective order in a domestic violence case, it can include a negative contact order or a peaceful contact provision regarding minor children. A criminal protective order against you may even prohibit any contact with the children, leading to a temporary loss of your custody or visitation rights. The impact on child custody and visitation depends on several factors, such as the nature of the alleged violence, the proximity to the children, and the likelihood of future harm. As such, not all criminal protective orders will impact child custody or visitation in the same ways. An attorney who is familiar with the specifics of your case can help you understand what the implications of the CPO are in your unique situation and, potentially, work to modify the contact order to allow for supervised visitation that ensures the parent-child relationship is maintained while keeping the children safe.

Can Someone With a Criminal Protective Order Buy a Firearm?

Under California law, having a criminal protective order against you can restrict you from purchasing firearms or from continuing to possess firearms you currently own. You may be required to surrender, sell, or store your guns outside of your possession and provide proof of these actions to the court.

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Skilled Criminal Protective Order Defense Attorney in Los Angeles, CA, Helps Clients Facing Criminal Charges and Protective Order Legal Issues in Los Angeles County, Orange County, Ventura County, and Throughout Southern California

Having a criminal protective order filed against you in California means you’re facing both criminal charges and, essentially, restraining order conditions. It’s important that you have a skilled Los Angeles criminal protective order lawyer on your side to advocate for you throughout all criminal proceedings.

Your freedom is at risk, most immediately from the criminal protective order that may apply throughout the case and then from the potential penalties of a criminal conviction. With our extensive experience handling restraining order matters as well as practicing criminal defense law, The Law Offices of Christopher Chaney are prepared to help you seek the most favorable outcomes possible in these legal matters. Contact us today for a free consultation.

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Criminal Protective Orders in Los Angeles, CA

Los Angeles courts can issue criminal protective orders against defendants facing criminal charges, even if the alleged victim or witnesses haven’t asked for such protections. This means you could find yourself facing significant restrictions on your activities even as your criminal case is progressing. If you violate the terms of this court order, even unintentionally, you could be hit with additional criminal charges and end up facing even harsher penalties.

Don’t underestimate the consequences of a criminal protective order. Make sure you have the benefit of professional legal experience by consulting an attorney.

Where Can Our Los Angeles Criminal Protective Order Lawyer Assist You?

At The Law Offices of Christopher Chaney, we assist people charged with crimes anywhere in Los Angeles and beyond. If you’re looking for experienced legal representation in or around the following areas—or elsewhere in L.A. County, Orange County, or Ventura County—look no further:

Bel Air
Beverly Hills
Brentwood
Burbank
Century City
Downtown L.A.
Glendale
Hollywood
Malibu
Melrose Avenue
Pasadena
Santa Monica
Silver Lake
Universal City
Venice Beach
West Hollywood
West Los Angeles
Westwood

Our offices are conveniently located in Century City and Van Nuys, allowing us to serve clients all over Southern California.

What Is a Criminal Protective Order in California?

A protective order is a kind of court order issued by a judge with the intention of protecting an alleged victim or another person. Unlike other types of protective orders, a criminal protective order (CPO) is always associated with a criminal case.

A criminal protective order in California is typically granted when the district attorney handling a criminal case against you has applied for such a court order. This usually occurs either during your arraignment or during a separate emergency hearing on the issue.

Under California law, a judge can issue a Criminal Protective Order – Domestic Violence using Form CR-160 when the case involves domestic violence or abuse. A CPO arising out of other crimes can be issued as a Criminal Protective Order – Other Than Domestic Violence through Form CR-161.

What Does a Criminal Protective Order Do in California?

Generally, a criminal protective order can prohibit a defendant from:

Abusing, harassing, stalking, assaulting, controlling, destroying the property of, or disturbing the peace of the victim or witness
Approaching the victim or witness
Contacting the victim or witness by any means and for any reason
Attempting to dissuade the victim or witness from testifying in court
Threatening the victim or witness
Coming within a specified distance of the victim or witness
Coming within a specified distance of the protected person’s home, workplace, vehicle, or other specified locations
Possessing any firearms or ammunition, including having to surrender or store any guns you currently possess

In certain situations, the criminal protective order may require you to be placed under electronic monitoring for a specified length of time.

The protective order may also prohibit contact with minors who reside with the victim and any others named as additional protected persons in the order.

Criminal Protective Orders Under the California Penal Code

Section 136.2 of the California Penal Code authorizes courts to issue criminal protective orders with the intention of promoting the safety of crime victims and witnesses. A criminal protective order may be issued to prevent the alleged victims and witnesses from being harmed, threatened, or dissuaded from testifying in a criminal matter by the defendant.

A criminal conviction is not necessary for a criminal protective order to be issued. In fact, these orders may be issued as early as your arraignment, or your first court date, well before the criminal case goes to trial and the jury reaches a verdict.

Criminal Protective Order Vs. Restraining Order

Criminal protective orders are similar to restraining orders in some ways, such as the purpose and the restrictions that may be placed on you. However, a criminal protective order differs from a civil restraining order under California law.

Unlike a protective order issued by a criminal court, a restraining order is an order issued by a civil court to protect someone from being harmed by another person. A civil restraining order is usually issued to intervene in situations in which allegations of domestic abuse, harassment, or stalking have been made. The purpose of a civil restraining order is to keep the restrained person away from the alleged victim.

A civil restraining order does not require the commission of a crime before it can be issued. The threat of abuse or violence may be sufficient to grant the order, even if no criminal charges are filed against you.

It’s possible that the person restrained under a civil restraining order may also face criminal charges. If they do, they could be subject to restrictions under both civil restraining orders and criminal protective orders.

What Happens to a Criminal Protective Order After the Case Ends?

If the point of a criminal protective order is to keep the alleged victim safe from any harm or intimidation from the defendant, what happens when the criminal case against you is over?

Generally, a pretrial order is in effect for the duration of the criminal legal proceedings against you, until a court order terminates it using Form CR-165, Notice of Termination of Protective Order in Criminal Proceeding. Some criminal protective orders are issued with the intention that they will be dismissed or canceled when the criminal case against you is over.

A judge may also issue a new protective order upon a conviction. This situation is particularly common if you are convicted but sentenced to probation rather than jail time. A postconviction criminal protective order may last for up to 10 years in California.

The protected person may request that a postconviction criminal protective order be extended beyond this timeframe. However, if they do so, you will have an opportunity to respond to this request and present your argument against extending the order.

How to Remove a Criminal Protective Order in California

Having a criminal restraining order in place against you can restrict your movements and activities and make your life difficult. A criminal protective order can be removed in California, but the process isn’t simple.

If the person seeking to have a criminal protective order issued against you is able to provide enough supporting evidence that the judge grants their request, you would need to petition to modify the criminal protective order. You can begin this process by filing a Petition for Modification of Protective Order in Criminal Proceeding.

Hiring a Los Angeles criminal protective order lawyer can help you make the strongest possible case in your favor and improve the likelihood of a favorable outcome.

Otherwise, the criminal protective order against you will be removed when it expires or when the criminal proceedings are over, depending on the specifics as indicated in the Criminal Protective Order – Domestic Violence or Criminal Protective Order – Other Than Domestic Violence form.

How Can a Los Angeles Criminal Protective Order Lawyer Help Me?

Being subjected to a criminal protective order means that you are already facing criminal charges. Now, you also have to comply with the restrictions established by the criminal protective order.

In legal troubles such as this, an experienced attorney can be a valuable asset, assisting you in ways like the following:

Investigating the criminal matter and building the most robust possible defense against the criminal charges you are facing
Advising you on your legal rights, the restrictions you must comply with under the terms of the criminal protective order, and all options available to you
Representing you and your interests in all legal proceedings
Serving as a resource for all of your questions about the legal process and the effects a criminal protective order has on you and your legal matters

Rather than facing criminal legal proceedings on your own and potentially making a big mistake, put your case in the hands of a skilled criminal protective order defense attorney in Los Angeles, CA. We’re prepared to stand up for your legal rights and advocate for your interests.

Consequences of Criminal Protective Order Violation in California

A criminal protective order aims to provide some level of security and safety for the protected person. Even if you feel that the criminal protective order is not necessary or reasonable, violating this type of court-ordered protection can lead to severe consequences, including jail time, fines, and additional criminal charges.

For any violation of a criminal protective order in California, you need the advice and services of a knowledgeable criminal defense attorney. Otherwise, you could be at risk of even more severe legal trouble, including harsher penalties, than you were originally facing.

Contact a Los Angeles Criminal Protective Order Lawyer at The Law Offices of Christopher Chaney Today for a Free Consultation

When your legal troubles are piling up, the Law Offices of Christopher Chaney may be able to help. We assist people accused of all kinds of criminal offenses in California and routinely help clients with restraining order matters, including those that involve criminal protective orders.

For help from a criminal protective order attorney in Los Angeles, CA, contact The Law Offices of Christopher Chaney online or call (310) 209-3999 today.

Criminal Protective Order Frequently Asked Questions (FAQS)

Protective orders may be issued by both civil and criminal courts in California.
Criminal protective orders are often issued during the court hearing of a criminal case. These court orders are separate from any restraining orders issued in civil court, including in family court matters.
Types of civil restraining orders that can be issued in Los Angeles include:
Civil harassment restraining orders
Domestic violence restraining orders
Elder abuse restraining orders
Gun violence restraining orders
Workplace violence restraining orders
School violence restraining orders
Temporary protective orders issued in the course of seeking any of the above types of permanent restraining orders
Hiring a criminal protective order defense attorney in Los Angeles, CA, who has experience in both restraining order matters and criminal defense law can help you address every aspect of the criminal proceedings against you.
Generally, a criminal protective order in California can last for:
The entirety of the legal proceedings (and potentially beyond)
Until the order expires, if the form lists an expiration date
Until the court issues a new ruling that modifies or terminates the protective order
Up to 10 years for a postconviction protective order, and potentially longer if renewed or extended
The actual duration of an individual criminal protective order varies depending on the circumstances of the case, the details included on the form, and the severity of the threat you are accused of posing to the alleged victims or witnesses. Having an attorney review all legal documents that pertain to your situation can help you better understand the terms of the criminal protective order issued against you.
It is possible to get a criminal restraining order against you changed or removed. Under California law, you can begin the process of asking the court to modify a criminal protective order by filing a Petition for Modification of a Criminal Protective Order with the court that made the original order.

As part of your petition, it is necessary to include a declaration explaining why you believe your petition should be granted. You may also include any evidence that supports your case. For example, if your circumstances have changed since the original petition and you believe you can demonstrate to the judge that you are not a threat to the protected persons, you can present evidence in support of this assertion, ideally with the help of a knowledgeable Los Angeles criminal protective order lawyer.

The final decision as to whether or not to modify or terminate the criminal protective order against you lies with the judge. Having experienced legal guidance on your side can help improve the likelihood of a favorable outcome.
In California, an alleged victim or someone who claims to have witnessed the crime may petition the courts for a criminal protective order. Typically, the alleged victim or a police officer involved in the case can request such an order. The court may also issue a criminal protective order without being petitioned to do so, especially if the judge perceives that you could pose a risk of future harm to the victim.
Criminal protective orders are primarily requested in criminal domestic violence cases but may also be used in other criminal matters.
A criminal protective order in California can significantly impact child custody or visitation, especially in cases involving family members. When a judge issues a criminal protective order in a domestic violence case, it can include a negative contact order or a peaceful contact provision regarding minor children. A criminal protective order against you may even prohibit any contact with the children, leading to a temporary loss of your custody or visitation rights.
The impact on child custody and visitation depends on several factors, such as the nature of the alleged violence, the proximity to the children, and the likelihood of future harm. As such, not all criminal protective orders will impact child custody or visitation in the same ways. An attorney who is familiar with the specifics of your case can help you understand what the implications of the CPO are in your unique situation and, potentially, work to modify the contact order to allow for supervised visitation that ensures the parent-child relationship is maintained while keeping the children safe.

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