In cases of domestic violence, sexual assault, stalking, or other serious criminal offenses, victims and witnesses may be at risk of further harm from the accused. To ensure their safety and prevent additional trauma, courts issue Criminal Protective Orders (CPOs), which are designed to protect those at risk. 
This blog explores the function of CPOs, their types, the process of obtaining one, and the consequences of violating them.

What is a Criminal Protective Order (CPO)?

A Criminal Protective Order (CPO) is a court order designed to protect victims or witnesses from further harm or harassment by the accused. Common in domestic battery cases, CPOs can also be issued in cases of sexual assault, abuse, and stalking. Issued alongside criminal prosecutions, they prevent contact between the defendant and the protected person and can be temporary or final, based on the situation's severity.

Types of Criminal Protective Orders

No Contact Orders

A No Contact Order prohibits all communication between the defendant and the protected person, including in-person contact, phone calls, and emails. It is usually issued in cases of domestic violence or stalking, where there is a risk of further harm.

Peaceful Contact Orders

A Peaceful Contact Order permits limited communication between the defendant and the protected person, but only if the contact is non-threatening and non-abusive. It is often issued in cases like co-parenting or shared property, ensuring communication remains safe and respectful.
In some instances, the court may modify or issue additional conditions for the CPO based on the case's specific circumstances. This flexibility helps ensure that the order meets the victim's or witness's unique needs. Additionally, if a victim or witness refuses to testify, the court may adjust the terms of the CPO to address any concerns or complications that arise.

Who Can Be Protected by a Criminal Protective Order?

CPOs are designed to protect individuals who are at risk because of their involvement in a criminal case. This typically includes:

Victims of the crime
The primary individuals protected by a CPO are the victims of crimes like domestic violence, sexual assault, and stalking in California. These individuals often face a real threat of harm from the defendant, especially if the accused is allowed to maintain contact.

Witnesses to the crime
In addition to victims, CPOs can also protect witnesses who may be at risk of retaliation or intimidation by the defendant. Witnesses who play a critical role in prosecuting the case are granted protection to ensure they can testify without fear of harm.

Family members
CPOs can also extend protection to the victim's family members, particularly when the defendant poses a threat to them. This is especially important in cases involving children or elderly individuals who may be at risk from the defendant's behavior.
The state's attorney's office can request a CPO on behalf of the victim or witness or file for one through a legal professional to ensure the request is properly handled.

When Are Criminal Protective Orders Issued?

A Criminal Protective Order (CPO) is typically requested during the defendant's first court appearance, often at the arraignment. The district attorney can request the judge to issue a CPO if there is evidence that the victim or witness is at immediate risk, ensuring early protection.

• Temporary CPOs: These orders are issued quickly and can last until a court hearing, providing immediate protection for the victim or witness.
• Final CPOs: A final CPO can be issued after a hearing, where the judge evaluates the circumstances of the case. This type of order can remain in effect for an extended period, typically up to 10 years, depending on the severity of the offense and the level of risk posed to the protected person.

Remedies Provided by Criminal Protective Orders

When a Criminal Protective Order is issued, the court may include specific conditions and remedies to protect the victim and their family. Some common provisions include:

Stay-Away Orders
The defendant may be required to stay a specific distance away from the protected person, their home, workplace, school, or other locations where they frequently go. This helps minimize the risk of physical or emotional harm.

Exclusive Possession of the Home
In cases of domestic violence, the victim may be granted exclusive possession of the family home. This can prevent the defendant from returning to or residing in the shared living space, helping to provide the victim with a sense of safety.

Child Custody and Visitation
If the protected person has children, the CPO may address issues of child custody and visitation. The court may grant temporary custody of minor children to the victim and specify supervised visitation for the defendant.

Firearm Restrictions
A defendant may be prohibited from owning or purchasing firearms while a CPO is in effect, especially if there is concern that the defendant may use a weapon to harm the protected person.

Consequences of Violating a Criminal Protective Order

Violating a Criminal Protective Order is a serious offense. If a defendant violates any terms of the order, they can face significant legal consequences, including:

Jail Time
A defendant who violates a CPO can face up to one year in jail and any other penalties imposed as part of the criminal case. Repeated violations or violations involving violence may result in more severe penalties.

Probation or Parole Violations
Violating a CPO can also lead to a violation of the defendant's probation or parole, which can result in additional criminal charges and penalties.

Felony Charges
In some cases, especially if the violation involves violence or a second offense, the defendant may face felony charges, which carry more severe penalties, including longer jail or prison sentences. 

CPOs vs. Restraining Orders

Criminal Protective Orders (CPOs) differ from restraining orders in that CPOs are issued within criminal cases, while civil courts typically hold domestic violence restraining orders to prevent harassment or abuse. While both protect individuals, CPOs are tied to criminal cases and carry harsher penalties for violations compared to restraining orders.

Criminal Protective Orders Attorney in California

Criminal Protective Orders (CPOs) are crucial for protecting victims and witnesses, especially in cases of domestic violence, sexual assault, and stalking. They restrict contact between the defendant and the protected person, minimizing the risk of further harm and allowing the legal process to proceed without fear of retaliation.
If you need a Criminal Protective Order, it's important to consult with a qualified attorney. A criminal defense law firm in California, like Bulldog Law, can provide expert guidance and help secure a CPO, ensuring your safety and legal rights are protected.