CPO Attorney in Los Angeles, CA Helps Fight Criminal Protective Orders in Los Angeles County, Orange County, Ventura County, and Across Southern California
Having a criminal protective order (CPO) filed against you in California means you’re facing both criminal charges and, essentially, restraining order conditions. You need a skilled Los Angeles criminal protective order lawyer on your side who’s prepared to advocate for you throughout all criminal proceedings and protect you from unfair or unreasonable restrictions.
The Law Offices of Christopher Chaney bring decades of experience in handling both restraining order matters and criminal defense law to complex cases like yours. We recognize that both the criminal and civil issues involved in your legal trouble can impact your life in meaningful ways, and we’re here to provide a comprehensive defense. Through strategic planning and unwavering advocacy, we help defendants achieve outcomes that include less restrictive court orders, successful arguments against issuing a CPO, and more favorable resolutions to cases that involve criminal charges.
If you’re ready to put your future first, we’re ready to begin building your defense. Contact us today for a free, confidential consultation with an experienced CPO attorney in Los Angeles, CA.
Are You Facing a Criminal Protective Order in Los Angeles?
Between a judge poised to issue a CPO and the criminal charges pending against you, your freedom is at risk. The most immediate threat to your freedom may be the criminal protective order that will apply throughout the case, but there are also the potential penalties of a criminal conviction to consider.
You need skilled counsel fully devoted to protecting your best interests in every legal issue. 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.
Criminal Protective Orders Under the California Penal Code
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 CPO is always associated with a criminal case.
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, which occurs well before the criminal case goes to trial and the jury reaches a verdict.
Types of Criminal Protective Orders
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.
Generally, CPOs issued in California can take the form of no-contact orders or peaceful contact protective orders.
As the name suggests, no-contact orders prohibit you from making contact or attempting communications of any kind with the protected person through any means or for any reason.
Peaceful contact protective orders, sometimes called no negative contact orders, permit you to be in contact with the protected person as long as the communications remain peaceful. A peaceful contact protective order may still require you to comply with other restrictions, including surrendering any firearms in your possession.
How Criminal Protective Orders Work in California
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.
Los Angeles courts can issue criminal protective orders against defendants facing criminal charges, even if neither the alleged victim or witness nor the district attorney has asked for such protections.
A criminal protective order means you could find yourself facing significant restrictions on your activities even as your criminal case is progressing. The restrictions imposed by a CPO can include:
- Prohibitions against abusing the protected person
- Orders against attempting to dissuade the protected person from testifying in court
- No-contact orders that apply to communications attempted through any means
- Stay-away orders that require you to maintain a specified distance from the protected person, their home, their vehicle, their workplace, or other specified locations
- Orders for electronic monitoring
- Prohibitions against possessing firearms, ammunition, and body armor, which may require you to sell, store, or surrender any guns in your possession within 24 hours
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.
Factors the Court Considers When Issuing a Criminal Protective Order
A protective order isn’t automatically placed in every criminal case. Instead, a judge will consider the facts of the case to determine whether there is good cause to restrict the defendant’s activities. Generally, good cause refers to reasons to suspect that contact with or proximity to the defendant poses a risk to the alleged victim or witness.
In determining whether good cause to issue a CPO exists, a judge will consider factors like the following:
- The severity of the crime of which you are accused
- Your relationship with the alleged victim or witness, if any
- Whether you are alleged to have caused the victim or witness physical harm
- Whether the victim or witness expresses fear of future harm from you
- Any civil or criminal restraining orders currently in place against you
- Your prior record of arrests, convictions, and allegations of domestic violence
It may be possible to present evidence and arguments that indicate that there is no good cause to further restrict your activities during the course of your criminal case. In defending against a potential CPO, your attorney may present all mitigating factors that can be used to support an argument that you do not present a risk to the alleged victim or witness.
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 post-conviction criminal protective order may last for up to 10 years in California.
The protected person may request that a post-conviction 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.
What to Do If You’ve Been Served Notice of a CPO
If you have been served a criminal protective order, you first need to review the order in its entirety to make sure you understand exactly what restrictions have been placed on you. You should discuss the order and any questions you may have with your criminal defense attorney. You may be required to take certain steps to ensure immediate compliance, such as promptly storing, selling, or surrendering any firearms in your possession and filing a receipt with the court showing that you have taken such action.
A CPO can make it more difficult just to go about your life as your case proceeds, much less gather the evidence necessary to build a strong defense against the criminal charges you’re facing. With a CPO in place, you need to make sure you have an experienced attorney handling your legal defense, including investigating the matter and securing evidence that supports your defense. Don’t attempt to contact any protected person or visit any location prohibited by the order to try to gather evidence. Instead, let us handle this while you focus on demonstrating compliance.
Help for Criminal Protective Order Violations
If you already have a CPO issued against you, it’s essential that you comply with its terms in full. Any violation of the restrictions the judge has imposed could result in even more legal trouble.
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
- 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 than you were originally facing, including harsher penalties.
Defending Against Charges of Violating a Criminal Protective Order
If you don’t already have experienced legal counsel dedicated to protecting your best interests, don’t wait another moment to begin taking this matter seriously. The fact that the judge issued a CPO highlights the severity of the charges against you. Any further charges that result from violating the protective order can negatively contribute to the judge’s or jurors’ perception of you. At this point, your best hope for achieving a more favorable outcome is through a strong, comprehensive defense.
Your legal strategy should be personalized to the specific facts of your case. An experienced CPO attorney in Los Angeles, CA, can explore all possible avenues of defense, including highlighting your lack of intent to violate the court order and any other mitigating factors that may apply.
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 The Law Offices of Christopher Chaney Can Help
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 CPO.
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.
Where Our CPO Attorney in Los Angeles, CA, Can 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.
Why Choose The Law Offices of Christopher Chaney as Your Los Angeles Criminal Protective Order Lawyer?
When the added restrictions of a CPO make your criminal case more complicated, you need the guidance of an experienced Los Angeles criminal protective order lawyer. The choice is clear—trust The Law Offices of Christopher Chaney to fight aggressively to protect your interests.
Representation From the Top Restraining Order Law Firm in Southern California
At The Law Offices of Christopher Chaney, we handle more restraining order matters and have cultivated a very high success rate in defending our clients against unfair, unnecessary restrictions. Our extensive experience fighting for defendants in restraining order cases has given our firm not only a reputation at the top of the market but also in-depth knowledge of the legal processes involved in fighting unreasonable restraining orders.
Strategic Defense Planning for Criminal Charges of All Kinds
Whether you’re accused of assault, battery, stalking, or domestic violence offenses, the quality of your defense matters. Our firm provides comprehensive criminal defense services, preserving the rights of clients who are facing charges of all kinds. We advocate for the full protections every defendant is afforded under the law and develop strong, strategic defenses that pave the way for the most favorable outcome possible.
A Personalized Approach to Legal Service
Having a CPO issued against you only adds to the stigma you’re facing both inside and outside the courtroom. As experienced criminal defense attorneys, we recognize that a lot of factors and mitigating circumstances can be involved even in cases arising out of very serious allegations— but we also know that not everyone is as equipped to see past the charges and court orders against you. That’s why our team makes an intentional effort to show the court who you are, not just as a defendant but as a real person, through personalized investigations that dive deep into your situation and what makes you unique.
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 CPO attorney in Los Angeles, CA, contact The Law Offices of Christopher Chaney online or call 818-330-5198 today.
