PC 136.2 – Criminal Protective Order

Criminal Protective Order – Table of Contents

• PC 136.2 Overview
• PC 136.2 California Order
• PC 136.2 Protection Period
• PC 136.2 Related Articles

PC 136.2 Criminal Protective Order – Overview

A protection order against a defendant accused of domestic violence under California Penal Code Section 136.2 PC is a common outcome of a domestic violence case in court. The defendant is banned from having weapons and must surrender those in their possession. The protection order might be a “Level One” order that allows for peaceful contact between the parties, or it could restrict any contact.

Even if there is no domestic link between the offender and the victim, the prosecution may seek a criminal protection order in certain circumstances, such as in elder abuse cases under California Penal Code 368. An expert lawyer may argue that a criminal protection order cannot be imposed as a condition of release under these circumstances. Defendants are often required to attend court in person to be served with a copy of the criminal protective order since it is often issued at the time of arraignment.

Issuing A Criminal Protective Order in California

A criminal protection order may prevent the suspect (usually the defendant) from harassing or harming the victim. A criminal protection order may be granted to a victim of violence, witnesses to the crime, or members of either party’s family who fear for their safety. The court, in the following situations, often issues a criminal protection order:

• Assault,
• Battery
• sexual abuse
• Domestic violence
• Stalking
• Vandalism

A defendant charged with domestic violence in California must appear in court to be issued a criminal protection order. Usually, a criminal protection order will be issued during the arraignment, the defendant’s first court appearance. The arraignment of a person facing domestic violence charges is a crucial point in the process because it allows the defendant to discuss the potential issuing of a criminal protection order with their domestic violence attorney.

The defendant, with the aid of an attorney, may be able to argue during the arraignment hearing that the claimed victim is not in danger and that a criminal protection order would be unfair since it would force them to live apart from their loved ones.

Evaluation Criteria For Issuance Of CPO

The court will consider several things when deciding whether to issue a criminal protection order against a defendant.

• Details about the accused offense
• Illness or injury to the victim
• If the victim is worried about being hurt again in the future
• Relationship between Defendant and Alleged Victim
• If the defendant has been accused of domestic abuse in the past,
• Whether or whether the defendant is subject to an existing restraining order
• The criminal history of the defendant

Suppose the court agrees to issue a criminal protection order. In that case, the defendant will be prohibited from having any further contact with the protected person and will also be prohibited from making any more threats or using any physical force against that person. No third-party communication with the victim will be allowed, either. The authorities will be informed of the issuance of a protective order the day after it has been granted. To breach a criminal protection order is a distinct offense that carries a possible sentence of up to six months in county prison and a fine of up to $1,000.

Legal Protection Period for An Order of Protection

In California, a criminal protection order’s duration is determined by the specific circumstances that led to its issuance. The CPO would be in effect for three years if it were granted to protect a victim or witness from danger or intimidation if they testified in a criminal proceeding. It’s important to remember that a CPO will stop whenever a defendant is found guilty and given a sentence. When a defendant is guilty of a felony involving sexual assault or domestic violence, the court may impose a protection order banning any contact with the victim for ten years. The CPO will remain in effect if the defendant is currently in custody.

Suppose the local government establishes a policy enabling electronic monitoring of defendants and specifies the agency with authority for this purpose. In that case, the court may incorporate such provisions in an order under this paragraph. If the court rules that the defendant can afford the monitoring program, the defendant will be responsible for the costs. Suppose the court finds that the defendant cannot afford the electronic monitoring. In that case, the local government that passed the ordinance allowing for electronic monitoring may be ordered to foot the bill. After the court issues an electronic monitoring order, it cannot go on for more than a year.

Related Articles:

• How Do I Remove a Criminal Protective Order (CPO) in California?
• What is the Difference Between A Criminal Protective Order And Restraining Order?
• Domestic Violence and Protective Orders

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Seppi Esfandi is an Expert Attorney who has over 21 years of practice defending a variety of cases.