Knowledgeable Family Law Representation

Filing for criminal protective orders in California

On Behalf of | Nov 5, 2021 | Domestic Violence |

Residents of Lancaster and other nearby areas of California may want to learn more about the filing of a protective order in a case of domestic violence. There are different types of protective orders, and a criminal protective order is different from a restraining order.

What is a criminal protective order?

Called a CPO, this has issuance by a judge. It protects a witness to a crime as well as victim of a crime like domestic violence. These people become known as “protected persons.” According to the Superior Court of California, County of Santa Clara, a protected person may also make changes to a criminal protective order.

What are the two types of contact for a CPO?

There are two types of contact. These include the following:

  • The defendant must stay completely away from the protected person. This has the term “No Contact.”
  • Contact between the defendant and protected person is allowable only if it is totally peaceful. It has the term “Peaceful Contact.”

A judge is able to modify a CPO for specific reasons. The defendant will know about this order as they receive a copy while in court.

When does the protective order receive issuance?

During court, both parties with involvement in the domestic violence issue will appear before a judge. The protected person may say something while before the judge. At that time, the judge will declare a No Contact or Peaceful Contact order. This order can receive enforcement within one business day.

When do police know about a CPO?

They will receive a notice within one business day. It is part of a state-wide database.

The judge decides whether a No Contact or Peaceful Contact order is warranted. It’s important to know that CPOs are subject to changing at the request of the protected person.