If you are a victim of a crime or a witness in an ongoing case in California, the court can grant you a criminal protective order to protect you as the case moves through the criminal justice system. Judges put these orders in place to protect victims and witnesses from the defendant from any acts of abuse or harassment by the defendant.

However, sometimes defendants may not be guilty of the claims made against them by the alleged victims. For instance, the supposed victim might falsely accuse the defendant of domestic abuse. In such situations, the accused needs a protective order lawyer to represent them during the hearing.

At Goldman Flores Restraining Order Law Firm, we can guide you through the restraining order application process and present strong evidence to increase your chances of approval. We serve both defendants and petitioners based on the specifics of each case. Whether you’re a defendant fighting against a protective order or a victim seeking one, our Orange County restraining order lawyers can help you. We take pride in our ability to listen carefully to all our clients, understand their needs, and create personalized legal strategies to protect their rights.

What are Criminal Protective Orders?

A Criminal Protective Order (CPO) is a court order that a judge puts in place during a criminal case.

A court issues a criminal protective order during the defendant’s arraignment, which is the first court appearance following the filing of charges. During this hearing, the judge determines the conditions for the defendant’s release. The prosecution often asks for the protective order, but the judge can issue it on their own authority if they think it’s necessary. Defendants must receive the order in person.

The main focus of criminal protective orders is to prevent any contact or harassment linked to the current criminal charges. That means they might not allow the defendant to get close to the victim, witness, or anyone else involved in the case. For instance, in a case involving criminal threats, a judge might grant a criminal protective order for the alleged victim even if they didn’t ask for one.

What the District Attorney Needs To Prove To Acquire a Protective Order

The District Attorney needs to show the judge why a victim or witness should get a protective order under California law. They have to make a case that explains the need for protection.

The DA carries the responsibility to prove this, but they don’t have to meet the high standard of “beyond a reasonable doubt” like in criminal trials. Instead, they just need to provide “reasonable proof,” similar to what a private citizen would need for a restraining order.

Basically, the DA has to demonstrate that the victim or witness has already experienced some abuse or harm, like assault or sexual abuse, or that they are in immediate danger of. Suppose the defendant has sent threats in writing; that makes it pretty clear that the protective order should be granted. Even if there’s no direct evidence, if the DA can show that the victim or witness is living in fear, the judge will likely approve the protective order.

The court usually issues protective orders to keep victims safe from crimes that often lead to more violent situations.

This order also helps maintain the reliability of eyewitness accounts and victim testimonies, which are crucial for California’s criminal justice system. Basically, the court is focused on handing out protective orders. Still, it’s a good idea to get a lawyer, whether you’re fighting against or asking for an order, because the evidence needed isn’t too complex.

Just like a prosecutor needs less proof to show why an order is necessary, a good lawyer can use that to challenge the claim with less evidence, too.

Certain crimes almost always lead to a protective order, like:

  • Assault under Penal Code 240
  • Rape under Penal Code 261
  • Battery under Penal Code 242
  • Stalking under Penal Code 646.9
  • Sexual battery under Penal Code 243.4
  • Intimidating a victim or witness under Penal Code 136.1
  • Criminal threats under Penal Code 422

Common Conditions For Criminal Protective Orders

Criminal protective orders can be adjusted to meet the needs of the person being protected. Here are some typical conditions for CPOs:

  • No contact or negative contact with the protected person
  • No communication with the protected person, which includes messages through mail, social media, email, or even through other people
  • Avoid any actions like threatening, stalking, molesting, intimidating, or harassing the protected person
  • Maintain a physical distance of at least 1,000 feet from the protected person
  • Transfer any firearms and refrain from having firearms in your possession
  • Don’t engage in any financial transactions with the protected person, like selling, transferring, or buying shared bank accounts, properties, stocks, or intellectual property.
  • Extend protection orders to family and friends related to the protected person, such as parents or children

Just because the defendant finds the orders inconvenient doesn’t mean they can be changed, especially if the protected person needs safety. For instance, if a defendant can’t take their usual route to work because they must keep 1,000 feet away from the protected person, that alone won’t be enough to change or end the CPO.

The Difference Between No Negative Contact and No Contact CPOs

Some CPOs require that the defendant have no contact with the protected person. “No contact” means exactly what it says. There should be no interaction at all with the protected person named in the order. That includes social media, letters, phone calls, or even contact through someone else.

Sometimes, the court issues a no negative contact order, which means the defendant can talk to the protected person. Still, they can’t cause any harm to the protected individual when interacting. The protected person usually gets to decide what counts as negative contact.

No negative contact orders often come up in criminal cases where the defendant and the alleged victim are related, have a child together, are dating, or know each other in some way. Typically, the alleged victim needs to agree to this type of order. If they don’t, the judge will default to a no-contact order.

For instance, in a domestic battery case where a wife is accused of hurting her husband, the husband can ask the court for a no negative contact order against her. This order allows them to communicate about important things like child care, divorce, and finances. If the husband feels that the wife is being harmful, he can stop contacting her. If she tries to reach out after that, it could lead to an infringement of the court’s order. Sometimes, people refer to these as peaceful contact-only orders.

Also, a criminal court judge can customize a protective order to deal with specific issues in the communication between the protected person and the defendant.

Also, CPOs need to be personally served. A criminal protective order has to be served directly to the defendant. That’s why the defendant has to show up at their arraignment, which is the first court hearing, even for misdemeanor cases involving assault-related charges like criminal threats or domestic battery. A deputy in criminal court will hand the defendant a copy of the criminal protective order.

These CPOs take effect right away unless the order says otherwise. Alternatively, misdemeanor cases that don’t involve assault or neglect usually allow the defendant’s lawyer to handle things without the defendant needing to be in court.

What Happens When the Defendant Violates Criminal Protective Orders?

Violating a criminal protective order is a serious offense. If someone violates a CPO, they could face charges like contempt of court or violating a restraining order, along with any other crimes linked to the violation. For instance, if the court tells the defendant to avoid contact with their lover (the alleged victim), and the defendant calls them anyway, they could be charged with contempt of court, violating a restraining order, and even harassment by phone.

Plus, if someone violates a criminal protective order, they might end up in custody for the rest of the criminal proceedings, and any bail they paid to stay out could be lost.

Criminal Penalties For Violating a CPO

Violating a CPO can lead to either felony or misdemeanor charges, based on the specifics of the situation and the person’s past criminal record. For a misdemeanor violation, penalties might include a maximum of a year in jail, along with a fine that could reach $1,000.

Below are some penalties for a CPO violation, depending on the specifics of the case:

  • If a person violates a protective order and has more than two previous convictions for similar violations, or if these violations include threats, violence, or stalking, authorities can charge the violator with a felony. Felony convictions for disregarding a CPO may end in imprisonment
  • If a person on parole or probation violates a criminal protective order, they may face more penalties or have their parole or probation revoked
  • In certain situations, an individual who breaks an order might need to undergo counseling or participate in an intervention program for batterers
  • It can also result in the loss or reduction of custody or visitation rights in custody disputes
  • A violation of a CPO may cause the loss of your right to possess a firearm. In California, individuals who have a protective order against them cannot own, purchase, possess, or receive firearms or ammunition
  • The defendants might have to pay reparations to the victims for the losses incurred due to the violation, which can include counseling, property damage, or medical expenses
  • The overseeing judge can place more protective orders or change existing ones, depending on the violations

Given the serious negative effects of noncompliance, you need to understand the benefits of following CPOs, not only due to potential legal repercussions but also for the safety of all parties involved.

Defenses for Violating a CPO

When someone faces a criminal charge for violating a criminal protective order (CPO), they can use the same defenses that apply to any criminal case. Every case is unique, so the defenses also vary.

The following three defenses can effectively persuade prosecutors, judges, and juries to reduce or dismiss charges related to CPO violations.

The Restraining Order Was Not Valid

A judge issuing an order doesn’t automatically make it lawful. We have encountered restraining orders that were granted without a valid legal basis or that violated proper judicial procedures. Once we demonstrate to the prosecutor that your restraining order is invalid, they will likely drop your charge.

You Did Not Willfully Violate the Restraining Order

This defense works well when you accidentally come across the person protected by the order. That often occurs when you are commuting to or from work, shopping, or attending events like concerts or movies. Even if the protected individual becomes upset and claims you violated the order, the prosecutor should dismiss the charge once they realize it was unintentional.

You Were Not Aware of the Protective Order 

If you did not receive proper notification about the restraining order, you are not required to comply with it. We can use this defense if the process server mistakenly served someone else or failed to serve you altogether.

Also, the order against negative contact can be somewhat unclear. What one person sees as a civil disagreement might be viewed as negative contact by someone else. This confusion could serve as a defense in a case about willfully violating a CPO.

Modifying the Terms of a CPO

If someone wants to change the terms of a criminal protective order (CPO), there are a few ways to do it. The protected person can ask the court for a change. However, district attorneys usually don’t recommend this since the protected person is often a key witness in the case against the defendant. They generally prefer not to take cases where the victim seems sympathetic toward the defendant.

Another option is to file a formal request to modify the CPO. These requests usually don’t succeed unless the protected person agrees to the change. If they do agree, they should be ready to explain to the court how they can keep themselves safe, both physically and emotionally, without the CPO.

In terms of procedure, the protected person can ask the court to modify the CPO after the initial order is issued. Still, district attorneys typically aren’t very helpful in this process.

Also, the protected person probably won’t get any help from the defendant or their lawyer due to the communication restrictions set by the Criminal Protective Order.

A defendant can ask to change a protective order and must notify the right people, like the probation officer, District Attorney, and the court. The probation officer or DA then shares the defendant’s request to modify the order with the protected person, who gets a chance to reply.

If the protected person agrees with the changes, the court is more likely to adjust the terms. Criminal defense attorneys often prefer this method. California courts have specific forms for this situation (CR160 for Domestic Violence cases and CR161 for Non-Domestic Violence).

Other Orders Related to a Criminal Protective Order

Below are various types of protective orders that are somewhat comparable to the CPO:

Workplace Violence Restraining Order

A business owner can initiate this order on behalf of an employee who has experienced violence at work. After an incident, the court will issue a temporary restraining order while setting a hearing. To obtain a full restraining order, the employer must present clear and convincing evidence that the employee faced violence and that the situation may happen again if no action is taken. Only the employer has the authority to secure the workplace violence restraining order.

Emergency Protective Order

When officers respond to domestic violence incidents and believe someone is in imminent danger, they can contact a judge to request emergency protective orders. These orders go into effect immediately upon issuance and last for five to seven days. Only enforcement officers can seek this type of emergency protective order for individuals at risk. Judges are available around the clock to issue these emergency orders when needed.

According to California Family Code 6251, the following criteria must be met before issuing emergency protective orders: 

  • There must be enough evidence indicating that an individual faces a threat of violence
  • A dependent adult or elderly person must be in an unsafe situation
  • A minor must be at risk of abuse or abduction
  • The restraining orders should prevent past incidents of domestic abuse from happening again

Civil Harassment Restraining Order 

A Civil Harassment Restraining Order is available for individuals who are not related to the person they wish to restrain. To obtain a CHRO, you must have experienced harassment, which includes unlawful physical violence and verbal threats. Following a hearing, if you present enough evidence, the temporary order will be upgraded to a permanent restraining order. A civil harassment restraining order is typically valid for three to five years.

Dependent Adult and Elder Restraining Order 

This restraining order is designed to protect anyone above sixty-five. It also covers adults aged eighteen to sixty-four who experience physical or mental disabilities, classifying them as dependent adults. This order safeguards these people from any previous or continued abuse, which can include:

  • Mental
  • Physical
  • Emotional abuse
  • Neglect
  • Lack of proper care

The order can remain in effect for up to three years.

Frequently Asked Questions on Criminal Protective Orders

Here are some FAQS that both defendants and protected individuals might have on California criminal protective orders:

How Long Do Criminal Protective Orders Last?

The CPO automatically ends if the criminal case is dismissed or if the defendant is found not guilty. However, if the defendant is convicted, the CPO remains in effect for the duration specified in the CPO form, which is usually three years. After the CPO expires, the victim can ask to extend it.

This extension can’t go beyond ten years from when the CPO was first issued against the defendant. If someone wants to extend the CPO past the original date, they must formally notify the defendant, who then gets a chance to respond to that request.

Are Criminal Protective Orders the Same as Restraining Orders?

While CPOs and restraining orders are similar, they do not have the same function.

Civil courts issue restraining orders to stop someone from abusing, harassing, threatening, or stalking another individual. These are sometimes called protective orders.

The person being protected is known as the “protected person,” while the other individual, often the abuser, is called the “restrained person.” The protected individual requests the order, and when a judge approves it, it can last a maximum of five years. If the restrained person breaks a CRO, they could end up in jail for a maximum of a year and might also have to pay significant fines.

What Happens When Someone with a “No Contact” Protective Order Reaches Out to the Defendant? 

In many cases involving criminal protective orders, especially those linked to domestic violence, the person who initially requested the order might change their mind and contact the defendant. It’s essential to understand that a criminal protective order doesn’t restrict the rights of the person it protects.

Therefore, if they decide to reach out to the defendant, they are not breaking any court rules. However, if the defendant continues to engage with them, they could face consequences for violating the order. Because of this, criminal protective order attorneys recommend that their clients refrain from any contact with the protected person, even if that person initiates the conversation. 

Find an Orange County Protective Order Law Firm Near Me

Obtaining a criminal protective order can be a great way to ensure your safety from individuals who pose a threat to you. However, if someone falsely accuses you of being a threat to their safety, you have the right to contest the motion for a protective order. In either situation, you can reach out to the Goldman Flores Restraining Order Law Firm in Orange County for assistance. Our attorneys have extensive experience handling CPOs for both those seeking protection and those defending against them in Orange County and beyond. Call us at 714-333-0699 for a consultation today.