A criminal protective order is an order a judge issues to protect either the victim of a crime or a witness to a crime. These persons are often referred to as protected persons. The orders protect the protected person from an aggressor, usually a defendant in a criminal case.
CPOs are common in domestic violence cases.
Most jurisdictions have two main types of CPOs. These are
- “No Contact” orders and
- “Peaceful Contact” orders.
While the former prohibits any contact between the protected person and the aggressor, the latter allows for peaceful contact between the parties.
The district attorney requests A criminal protective order bringing the criminal charges in a case. If a judge grants one, it can remain in effect for up to 10 years.
A defendant that violates a CPO can face up to one year in jail. This penalty is in addition to any other penalties imposed for the criminal charges that the defendant faces.
Criminal protective orders are different than restraining orders. A family court, a juvenile court, or other civil court issue restraining orders. They prevent a specific person from harassing, abusing, stalking, or threatening another person.
What is a criminal protective order?
A CPO is a court order a judge may enter in a criminal court case. The order protects the victim of a crime, or a witness to a crime, from another person.
This person is most often the defendant facing criminal charges.
A judge can issue a CPO to protect:
- the victim of aggression,
- the victim’s family members, or
- both the victim and his/her family.
While judges can modify these orders to fit the facts of a case, most jurisdictions provide two general types of criminal protective orders. These are:
- No Contact orders, and
- Peaceful Contact orders.
A No Contact CPO says that there is no contact whatsoever between the protected person and the defendant or abuser.
A Peaceful Contact CPO says that the protected person and the defendant may come into contact with one another, but only if the contact is peaceful.
Both types are often used to protect victims of domestic violence.
Note that the issuance of a CPO is initiated by the district attorney bringing the charges in a criminal case. He/she can request an order when a defendant appears in court for the first time (usually at an arraignment). A judge will approve the request if he/she feels a victim requires protection.
CPOs can be issued in both
- misdemeanor and
- felony cases.
What happens if a person violates the order?
A defendant who violates a CPO can typically be punished with custody in jail for up to one year.
A violation can also result in a defendant violating his/her
Note that these penalties are in addition to any other penalties that a criminal defendant may face if convicted of another crime.
Note too that these orders can last up to 10 years and a violation can occur at any time during the length of the order.
If a protected person believes a defendant is in violation of an order, he/she should contact a law enforcement officer or police officer immediately.
CPOs can last up to 10 years.
Is a CPO the same thing as a restraining order?
While similar, a criminal protective order is a different type of order than a restraining order.
A civil court issues restraining orders and prevent a specific person from
- harassing,
- abusing,
- stalking, or
- threatening another person.
These orders are sometimes referred to as
- “protective orders” or
- “orders of protection.”
The party protected in the order is known as the “protected person.” The other party (e.g., the abuser) is known as the “restrained person.”
The protected person requests a protective order, and if a judge grants one, the order can remain in effect for up to five years.
A restrained person who violates a civil restraining order can:
- be put into custody in jail for up to one year, and/or
- face substantial fines.
What is the law in California?
California law defines criminal protective orders in accordance with the above discussion.1
Under Penal Code 273.6 PC, the law also makes it a crime for a person to violate the terms or conditions of a court-issued restraining order or protective order. This offense is a misdemeanor that carries a maximum sentence of up to one year in jail.2
Note, though, that a second offense for violating an order, or a violation that involves an act of violence, can be charged as a felony and punished by up to 3 years in jail or prison.
The California legal system includes restraining orders as well as CPOs, and it defines a restraining order in the same way as mentioned above.3
California law actually recognizes four types of restraining orders. These include orders for:
- domestic violence (domestic violence restraining orders),
- elder abuse or dependent adult abuse,
- civil harassment, and
- workplace violence.
These orders can remain in effect for up to five years. Some, though, will only be valid for months or even days. Examples of these types include:
- temporary restraining orders, and
- emergency protective orders.
Note that most restraining orders will prohibit a restrained party from:
- possessing,
- owning, or
- purchasing a firearm.
A violation of these gun prohibitions is another crime per Penal Code 29825 PC
Legal References:
- See the Santa Clara County Superior Court website, Criminal Protective Orders.
- California Penal Code 273.6 PC.
- See California Code of Civil Procedure 527.6 CCP.
