Criminal Protective Orders in Domestic Violence Cases
If you or someone you know is facing domestic violence charges in California, you may have heard the term Criminal Protective Order (CPO) come up during the court proceedings. These orders can have a serious impact on your rights, your relationships, and your daily life. As a California criminal defense attorney, I believe it’s important to help clients understand exactly what these orders are—and what they’re not.
What Is a Criminal Protective Order?
A Criminal Protective Order (CPO) is a court-issued order designed to protect a person—typically the alleged victim—when someone has been charged with a domestic violence offense. This is not the same as a restraining order requested in family court. A CPO is issued in criminal court and is “part” of the criminal case.
CPOs are most commonly issued at arraignment—the very first court appearance after charges are filed. They remain in place throughout the criminal case and can sometimes be extended after the case concludes, depending on the outcome.
Types of Criminal Protective Orders
There are generally two types of CPOs in domestic violence cases:
No Contact Orders: These are the most restrictive. The accused person is ordered to have no contact whatsoever—direct or indirect—with the protected individual. This includes phone calls, texts, emails, social media messages, and contact through third parties. It may also prohibit being within a certain distance of the person’s home, workplace, or children’s schools.
Peaceful Contact Orders: These are more flexible. The court allows contact as long as it remains “peaceful” and non-threatening. This type of order is more commonly issued when the protected person requests it, especially if the parties share children or live together and the judge is satisfied that the protected person is not in any immediate danger.
What Triggers a CPO?
A judge generally issues a CPO when there is concern about the safety of the alleged victim. In domestic violence cases, this is often automatic at the arraignment. The prosecutor may request it, or the judge may impose it on their own initiative—even if the alleged victim does not want it.
Consequences of Violating a CPO
Violating a Criminal Protective Order is a separate criminal offense under Penal Code § 273.6. Even if the protected person initiates contact or asks the defendant to come over, the defendant can still be arrested and prosecuted for violating the order.
Consequences of violating a CPO can include:
Jail time
Additional charges
Revocation of bail or own recognizance release
Harsher penalties if the underlying domestic violence case results in a conviction
Can a Criminal Protective Order Be Modified or Lifted?
Yes. In some cases, your defense attorney can file a motion to modify or terminate a CPO. Judges may consider the following when deciding whether or not to modify or terminate a CPO:
The protected person consents
There is no prior history of violence or threats
The defendant is in compliance with other conditions (e.g., attending anger management or counseling)
It is essential to make this request through the court. Do not attempt to contact the protected person to ask them to “drop the order.” Doing so could violate the existing order and lead to further criminal penalties.
Why These Orders Matter in Your Defense
CPOs can affect child custody, employment, firearm rights, and even your ability to return home. As a defense attorney, my role is not only to defend against the criminal charges, but also to navigate and, when appropriate, challenge these protective orders.
If you are facing a domestic violence charge and a Criminal Protective Order has been issued against you, the stakes are high. A strong legal strategy—including timely requests to modify or lift the order—can make a major difference in both your case and your life.
Need Help? Contact a California Criminal Defense Attorney
If you’ve been served with a Criminal Protective Order or are facing domestic violence charges in California, reach out to a qualified criminal defense attorney to understand your rights, protect your future, and begin building a solid defense. Contact the Davis W. Hewitt Law Office to schedule a free 30-minute consultation at my office in Chico. I look forward to hearing from you!