Criminal Protective Orders (CPO)

A Criminal Protective Order (CPO) is a court order issued by a criminal court judge to protect an alleged victim or witness from potential harm by a defendant. These orders are typically put in place in cases involving domestic violence, assault, harassment, and other serious crimes. A CPO serves as a safeguard against intimidation, threats, or further harm. Although most CPOs require no-contact and a full stay-away, there are occasions when there can be peaceful contact.

While both a Criminal Protective Order and a Restraining Order are intended to provide legal protection and prevent harm, they are different. A Criminal Protective Order is issued by a judge in a criminal case, often as part of the prosecution’s efforts to protect the alleged victim or witness. In contrast, a Restraining Order is a civil order that an individual can request mostly through a family or civil court without a criminal charge being filed. When a Criminal Protective Order and Restraining Order conflict with one another, the Criminal Protective Order is almost always the order that will be enforced.

An Emergency Protective Order (EPO) is a short-term order issued immediately by a judge at the request of law enforcement when there is an urgent threat to a victim. This is usually issued right after a crime or incident occurs. Police officers can request an EPO from a judge 24 hours a day 7 days a week, and the EPO generally lasts for up to seven days.

A “temporary” Criminal Protective Order is issued during the early stages of a criminal case and remains in effect until a full court hearing can be conducted. These orders may restrict all contact or allow only peaceful interactions between the defendant and the protected person.

If the court finds that the alleged victim remains at risk, a “permanent” Criminal Protective Order can be issued after a trial or plea agreement. These orders can last for up to 10 years, depending on the severity of the case and the judge’s ruling.

A CPO is frequently issued in cases involving domestic violence, stalking, criminal threats, or physical assault. The goal is to protect the victim from further harm by prohibiting the defendant from making any form of contact.

In cases where a witness or victim may be at risk of retaliation, the court may issue a protective order to prevent the defendant from influencing testimony or causing emotional distress.

A CPO can significantly impact a defendant’s life. Restrictions may include no-contact orders, prohibited firearm possession, and limitations on movement, such as staying a certain distance away from the protected person’s home or workplace.

Violating a Criminal Protective Order is a criminal offense. Depending on the severity of the violation, penalties may include up to one year in county jail (misdemeanor) or several years in prison (felony), particularly if repeated violations occur.

A violation can lead to additional criminal charges, increasing legal penalties and making it more difficult to contest the underlying case.

A CPO violation can lead to permanent firearm restrictions, making it illegal for the defendant to own, possess, or purchase firearms under federal and California state laws.

A Los Angeles criminal defense lawyer can argue that a protective order is unnecessary if there is no clear evidence of an actual threat to the victim, among other reasons.

If the order was based on false accusations or mistaken identity, an attorney can present evidence to contest the legitimacy of the CPO.

A CPO must be supported by credible evidence. If the prosecution lacks sufficient proof of potential harm, the defense may successfully challenge the order in court.

Immediately seek legal representation from a Los Angeles criminal defense lawyer to understand your rights and build a strong defense strategy.

Evidence such as witness statements, text messages, emails, or surveillance footage can be critical in proving that the order is unjustified or overly restrictive.

It is crucial to comply with the CPO’s terms to avoid further legal trouble while working on modifications or contesting the order.

DCD LAW has extensive experience in defending clients facing Criminal Protective Orders. We understand the complexities of the legal system and will fight to protect your rights.

Our legal team will investigate the case, challenge weak evidence, and present compelling legal arguments to either modify or dismiss the protective order entirely.

Choose DCD LAW for expert criminal defense, where we prioritize your rights and provide personalized, aggressive representation. Our experienced attorneys understand the complexities of criminal law and will fight for the best possible outcome. With a proven track record, we ensure every case is handled with care and dedication.

Trust us to guide you through every step of the legal process.