Criminal Protective Orders in California (CPOs)

Understanding Criminal Protective Orders Under California Penal Code § 136.2

Criminal Protective Orders (CPOs) are powerful court orders issued in California criminal cases to protect alleged victims and witnesses from harassment, intimidation, or harm.

These orders are most commonly issued in domestic violence, sexual assault, stalking, and violent crime cases, and they can dramatically impact a defendant's daily life, family relationships, employment, and freedom of movement.

If you or a loved one is facing criminal charges where a protective order may be imposed, it is critical to understand how Criminal Protective Orders work, what they prohibit, how long they last, and how they can be challenged or modified.

Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at the Hedding Law Firm in Los Angeles. To schedule a consultation, call (866) 986-2092 or use the contact form here.

What Is a Criminal Protective Order in California?

A Criminal Protective Order (CPO) is a court order issued in a criminal case that restricts contact between a defendant and a protected person.

These orders are authorized under California Penal Code § 136.2 and are designed to prevent further harm, intimidation, or retaliation during the pendency of a criminal case.

Unlike civil restraining orders, a CPO is issued by a criminal court and is enforced by law enforcement statewide. Violating a criminal protective order is itself a separate criminal offense.

Prosecutors routinely request CPOs at the very beginning of a case—often at the defendant's first court appearance (arraignment)—especially in domestic violence and assault cases.

In California, a domestic violence protective order can be modified, but only a judge can approve the change. Informal agreements between the parties do not override a court order.

When Are Criminal Protective Orders Issued?

Criminal Protective Orders are commonly issued in cases involving:

In domestic violence cases, CPOs are almost automatic. Even when the alleged victim does not request protection, the District Attorney may still ask the court to issue an order “out of an abundance of caution.”

What Does a Criminal Protective Order Prohibit?

A Criminal Protective Order can be extremely broad and restrictive. Depending on the facts of the case, a CPO may prohibit the defendant from:

  • Contacting the protected person in any way

  • Harassing, threatening, stalking, or intimidating the protected person

  • Contacting the protected person through third parties

  • Coming within a specified distance (often 100 yards) of the protected person

  • Entering the protected person's home, workplace, or school

  • Possessing, owning, or purchasing firearms or ammunition

Contact restrictions apply to all forms of communication, including:

  • In-person contact

  • Phone calls

  • Text messages

  • Emails

  • Social media

  • Letters or notes

In many cases, the order also authorizes the protected person to legally record any prohibited contact.

Restraining orders in California are court orders designed to protect individuals from harassment, abuse, threats, or violence.

Firearm Restrictions Under a Criminal Protective Order

If a CPO is issued, the defendant must immediately surrender all firearms and ammunition to law enforcement or sell them through a licensed dealer—often within 24 hours.

Failure to comply with firearm surrender requirements may result in additional felony or misdemeanor charges and serious sentencing consequences.

No-Contact vs. Peaceful Contact Criminal Protective Orders

Criminal Protective Orders generally fall into two categories:

Full No-Contact Orders

These orders completely prohibit any contact between the defendant and the protected person. This includes direct and indirect communication.

Peaceful (or No-Negative) Contact Orders

A peaceful contact order allows communication and contact only if it remains peaceful and non-harassing. These orders are common in cases involving spouses, co-parents, or families who live together or share children.

Peaceful contact orders still prohibit harassment, threats, violence, or intimidation—but they allow normal communication and interaction.

Can a Criminal Protective Order Be Modified?

Yes. Criminal Protective Orders can be modified, but only by the judge.

A skilled criminal defense attorney can request a modification to:

  • Change a no-contact order to peaceful contact

  • Reduce stay-away distances

  • Allow contact for childcare or co-parenting purposes

  • Permit shared residence under strict conditions

When deciding whether to modify a CPO, the judge may consider:

  • The severity of the alleged offense

  • Whether the alleged victim suffered injuries

  • The alleged victim expressed fear (or lack of fear)

  • The relationship between the parties

  • Prior criminal history or restraining orders

  • Whether the modification would create undue hardship

Importantly, only the judge can modify or terminate a CPO. Even if the protected person wants contact, the defendant must comply with the order as written until the court formally modifies it.

What Happens if You Violate a Criminal Protective Order?

Violating a Criminal Protective Order is a separate criminal offense and can result in:

  • Up to 6 months in county jail

  • Fines of up to $1,000

  • Additional probation conditions

  • New criminal charges

  • Revocation of bail or probation

Even minor or well-intentioned contact—such as sending a text message or asking a friend to pass along a message—can result in arrest.

How Long Does a Criminal Protective Order Last?

The duration of a Criminal Protective Order depends on the case:

  • Pretrial CPOs typically last up to three years or until the case is resolved

  • If the defendant is convicted of domestic violence or a sex offense, the court may issue a post-conviction CPO lasting up to 10 years

  • Some protective orders remain in effect even while the defendant is in custody

Once a criminal case concludes, the court may terminate or extend the protective order depending on the outcome and statutory authority.

Criminal Protective Orders vs. Domestic Violence Restraining Orders (DVROs)

Criminal Protective Orders are different from Domestic Violence Restraining Orders (DVROs), which are civil orders issued in family or civil court.

Key differences include:

  • CPOs are issued in criminal cases

  • DVROs are requested by individuals in civil or family court

  • CPO violations are prosecuted criminally

  • DVROs can coexist with criminal protective orders

Both orders carry serious legal consequences and must be strictly followed.

Why You Need a Criminal Defense Lawyer for CPO Issues

Criminal Protective Orders can disrupt every aspect of your life—your home, your job, your family, and your future. Challenging or modifying a CPO requires strategic advocacy and careful presentation of facts to the court.

An experienced criminal defense attorney can:

  • Argue against the issuance of an unnecessary CPO

  • Request peaceful contact modifications

  • Prevent unfair or overly restrictive conditions

  • Protect you from accidental violations

  • Coordinate defense strategy during pretrial proceedings

Because CPOs are often issued at arraignment, early legal intervention is critical.

Speak with a California Criminal Defense Attorney

If you are facing criminal charges and a Criminal Protective Order has been issued—or may be issued—do not attempt to handle it alone. Violations can happen easily and carry serious consequences.

Our law firm has decades of experience handling California Criminal Protective Orders and domestic violence cases. We know how to challenge, modify, and navigate these orders while protecting your rights and your future.

Contact the Hedding Law Firm today for a confidential case review at 866-986-2092 and strategic guidance.

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