A California criminal court can issue a protective order restricting a defendant’s contact with an alleged victim or witness while a criminal case is pending. Depending on the order, a defendant may be prohibited from calling, texting, approaching, living with, or otherwise contacting the protected person. Criminal protective orders can also impose firearm and ammunition restrictions.
No-contact orders are common in California criminal cases involving domestic violence, threats, stalking, assault, and other allegations involving an identifiable victim.
These orders can significantly affect a defendant’s everyday life before the criminal case has been resolved.
A defendant may be required to stay away from a spouse or partner, leave a shared residence, avoid particular locations, and stop communicating with someone who may actually want continued contact.
Violating the order can create additional legal problems.
What Is a California Criminal Protective Order?
A Criminal Protective Order, commonly called a CPO, is an order issued by a judge in connection with a criminal case to protect a victim or witness.
Penal Code section 136.2 gives California criminal courts authority to issue protective orders under qualifying circumstances.
Depending on the case, a CPO can order the defendant to:
- Have no contact with a protected person
- Stay a specified distance away
- Stay away from the protected person’s home or workplace
- Not harass, threaten, stalk, or harm the protected person
- Not attempt to prevent a victim or witness from testifying or appearing in court
- Not attempt to locate a protected person
- Relinquish and not possess firearms, ammunition, and other prohibited items
The exact restrictions are determined by the order issued in the particular case.
What Is a No-Contact Order?
A no-contact order is a particularly restrictive form of protective order.
When the court orders no contact, the defendant generally cannot communicate with the protected person directly or indirectly.
Depending on the wording of the order, prohibited contact can include:
- In-person conversations
- Telephone calls
- Text messages
- Social-media messages
- Contact through friends or relatives
- Sending gifts, letters, or other communications
- Going to prohibited locations where the protected person is present
A defendant should carefully review the actual order rather than assuming a particular form of communication is permitted.
What Is a Peaceful-Contact Order?
Not every criminal protective order completely prohibits communication.
In some cases, a judge may permit peaceful contact.
A peaceful-contact order can allow the defendant and protected person to communicate or be around one another while prohibiting violence, threats, harassment, intimidation, or other conduct specified by the court.
The distinction can be extremely important in cases involving spouses, dating partners, co-parents, or people who live together.
If the order requires no contact, peaceful communication is not permitted merely because both people want to communicate.
When Can a Judge Issue a Criminal Protective Order?
Criminal protective orders can be issued while a criminal case is pending.
In domestic violence cases, the issue frequently arises at or near the defendant’s first court appearance.
The court can consider the allegations, safety concerns, the relationship between the parties, prior incidents, and other circumstances relevant under California law.
The protective order is separate from the ultimate determination of guilt.
A defendant can therefore be subject to significant restrictions while the criminal charges remain unresolved.
Can the Alleged Victim Have the No-Contact Order Removed?
The protected person generally cannot simply cancel a criminal protective order.
The order is issued by the court.
Even if the alleged victim:
- Wants contact with the defendant
- Initiates the contact
- Invites the defendant home
- Calls or texts the defendant first
- Says the order is unnecessary
the defendant must still comply with the court’s order.
The protected person’s wishes may be relevant to a request that the court modify the order, but those wishes do not themselves change it.
What If the Protected Person Contacts the Defendant First?
The defendant should still obey the order.
A no-contact order generally places restrictions on the restrained defendant.
Receiving a text message, phone call, social-media message, or invitation from the protected person does not automatically authorize the defendant to respond.
This can create difficult practical situations, particularly when the parties have children, property, financial obligations, or a shared residence.
If contact is necessary, the appropriate solution is generally to seek clarification or modification from the court rather than intentionally violating the existing order.
Can a No-Contact Order Keep You Out of Your Own Home?
Potentially.
A protective order can require the defendant to stay away from a residence shared with the protected person.
That can mean the defendant cannot return home even if:
- The defendant owns the property
- The defendant is on the lease
- Personal belongings remain inside
- The protected person says returning is acceptable
The terms of the court order control until the court changes them.
Arrangements for retrieving necessary belongings should be handled in a manner consistent with the order.
What If You Have Children Together?
A criminal protective order can create additional complications when the defendant and protected person share children.
California courts have procedures intended to address situations where criminal protective orders overlap with child custody and visitation orders.
Depending on the circumstances, a criminal court may modify an order to permit or restrict contact involving the defendant’s children.
A defendant should not assume that a family-court custody order automatically overrides a criminal protective order.
The orders should be reviewed carefully to determine what contact is actually permitted.
Does a Criminal Protective Order Prohibit Guns?
Criminal protective orders can impose significant firearm restrictions.
A defendant subject to a qualifying protective order may be prohibited from owning, possessing, purchasing, receiving, or controlling firearms and ammunition.
California’s current criminal protective-order procedures also contain requirements for relinquishing prohibited firearms and ammunition.
A person ordered to relinquish firearms should comply with the deadlines and procedures stated in the order.
Failing to comply can create additional consequences.
For more information about firearm restrictions, see our guide to California gun rights after a criminal conviction.
How Quickly Must Firearms Be Surrendered?
California’s criminal protective-order forms contain specific firearm relinquishment requirements.
When those requirements apply, a defendant may be ordered to surrender firearms to law enforcement or sell or transfer them through an authorized process within the period specified by law and the court order.
Current California criminal protective-order procedures generally require relinquishment within 24 hours after service and proof of compliance to be filed with the court within the required period.
A defendant should follow the exact instructions contained in the order rather than delaying compliance.
What Happens If You Violate a No-Contact Order?
Violating a valid protective order can result in serious consequences.
Depending on the circumstances, a violation can:
- Result in a new criminal charge
- Lead to arrest
- Affect bail or pretrial release
- Result in additional or more restrictive protective orders
- Create a probation violation if the order is a condition of probation
- Be used by prosecutors in the underlying criminal case
A seemingly minor response to a text message or brief visit can therefore create significant problems if it violates the order.
Can a No-Contact Order Be Changed to Peaceful Contact?
Potentially.
The court can modify a criminal protective order when legally appropriate.
For example, the defense may ask the court to replace a no-contact order with a peaceful-contact order.
Whether the judge agrees can depend on circumstances such as:
- The allegations in the criminal case
- The defendant’s criminal history
- Prior domestic violence allegations
- Whether there have been violations of the existing order
- The protected person’s position
- Safety concerns
- Other information presented to the court
Until the judge actually modifies the order, the existing restrictions remain in effect.
How Long Does a Criminal Protective Order Last?
The duration depends on the type of protective order and the stage of the criminal case.
Some protective orders are issued while charges are pending and may terminate when the criminal proceeding ends or at another time specified by the order.
California law also authorizes certain post-conviction protective orders.
Depending on the offense and statutory authority, a post-conviction protective order can potentially remain in effect for up to 10 years.
The expiration date and statutory basis shown on the actual order should therefore be reviewed carefully.
Can a Protective Order Continue After the Criminal Case Ends?
Yes, in some cases.
California law permits courts to issue longer-term protective orders following convictions for certain offenses.
This is particularly important in cases involving domestic violence, stalking, and other specified crimes.
A defendant should therefore not assume that all contact restrictions disappear simply because probation begins, a jail sentence is completed, or another part of the criminal case has concluded.
Is a Criminal Protective Order the Same as a Domestic Violence Restraining Order?
No.
Although both can impose similar restrictions, they arise through different proceedings.
A Criminal Protective Order is issued in connection with a criminal prosecution.
A Domestic Violence Restraining Order is generally sought through a separate civil family-law proceeding.
It is possible for more than one order to exist at the same time.
When multiple orders exist, determining which restrictions apply can become complicated.
What Should You Do If Multiple Protective Orders Conflict?
Do not simply choose the order that seems less restrictive.
California has rules governing the interaction and enforcement of criminal protective orders and other restraining or custody orders.
A defendant should determine exactly which order controls and which nonconflicting provisions remain enforceable.
This is particularly important when criminal court orders overlap with family-court custody or visitation orders.
Can You Be Charged With Domestic Violence Even If the Alleged Victim Wants Contact?
Yes.
The alleged victim does not control whether criminal charges continue.
Once police and prosecutors become involved, the government determines whether to pursue the criminal case.
Likewise, the alleged victim’s willingness to resume contact does not automatically terminate a protective order.
For more information about these cases, visit our Fresno Domestic Violence Attorney page.
What Should You Do After Receiving a No-Contact Order?
Read the entire order carefully.
Pay particular attention to:
- Who is protected
- Whether all contact or only harmful contact is prohibited
- Stay-away distances and locations
- Restrictions involving children
- Firearm and ammunition requirements
- The expiration date
- Any exceptions written into the order
Do not rely on what the protected person says the order means.
If a provision is unclear or the restrictions create a serious practical problem, the issue should be addressed through the court.
Talk to a Fresno Domestic Violence Attorney
A criminal protective order can affect where you live, who you communicate with, contact with family members, firearm possession, and your release from custody.
Violating the order can also make the underlying criminal case substantially more difficult.
Gregory W. Fox has more than 20 years of experience defending people accused of California criminal offenses.
If you are facing domestic violence charges or a criminal protective order in Fresno or Central California, visit our Fresno Domestic Violence Attorney page or call the Law Office of Gregory W. Fox at (559) 222-5800 to request a confidential consultation.