Criminal Protective Orders in San Diego

Domestic violence cases are complicated matters, and sometimes, when there is a domestic violence incident in California, the District Attorney will issue a Criminal Protective Order (CPO) to protect the alleged victim from the defendant during the course of the case, and after. Unfortunately, a Criminal Protective Order can be a big black mark on the defendant’s record, and violating a CPO can lead to immediate arrest and criminal charges. If a Criminal Protective Order has been issued against you in San Diego, consult our experienced criminal defense attorneys at San Diego Domestic Violence Attorney, as soon as possible, to find out how you can protect your legal rights.

What is a Criminal Protective Order?

A Criminal Protective Order, also known as a protective order or no-contact order, is an order put in place by a judge to protect a witness to, or victim of, a crime, also known as a Protected Person, from a defendant. A CPO is routinely issued in cases involving domestic violence, and such orders require the defendant to stay away from, or have no contact with, the Protected Person. Alternatively, a judge may issue Peaceful Contact orders, which permits contact between a defendant and a Protected Person, but only if the contact is peaceful in every way. A Criminal Protective Order is often issued after an Emergency Protective Order, which prevents the defendant in a domestic violence case from speaking to or coming near the Protected Person, is effective immediately, and can last up to seven days.

Understanding a CPO in San Diego

The two main components of a Criminal Protective Order in San Diego are “no contact” and “stay away” orders. According to the requirements of a Criminal Protective Order, “no contact” means a defendant is prohibited from telephoning, emailing, faxing, text messaging, or sending messages to the Protected Person through a third party. A “stay away” order requires the defendant to stay away from the Protected Person while the case is pending and after, if there is a conviction. A “stay away” order encompasses many different kinds of contact, requiring that the defendant:

• Does not come within 100 feet of the other party
• Does not contact the other party in person
• Does not contact the other party using electronic means, including the use of cell phones, email or social media
• Does not have a third party contact the other party, except for an attorney
• Ends contact immediately if incidental contact occurs

If you are a defendant in a domestic violence case with a no-contact order in place, you are prohibited from contacting the Protected Person, but the order does not prohibit the Protected Person from contacting you. If the Protected Person does contact you, and you allow the contact to occur, you could be charged with violating the Criminal Protective Order, even if you aren’t the one who initiated the contact. You should therefore end such contact immediately.

Criminal Protective Order vs Restraining Order

Although it may seem like Criminal Protective Orders and Restraining Orders do the same thing, there are a number of differences between the two. Compared to a Criminal Protective Order, which is requested by the District Attorney, a Civil Restraining Order is issued to protect one or more people from another person, as part of a legal action initiated by the Protected Person himself or herself. Civil Restraining Orders may involve stay away orders, no-contact orders or peaceful contact orders, depending on the circumstances of the case, and can last up to three years or five years, unless renewed. A Criminal Protective Order, which is specific to criminal cases, lasts for up to five years, or until it expires.

Long-Term Consequences of a CPO

To get a Criminal Protective Order, the District Attorney must provide the court with evidence that you hurt or threatened to hurt someone with whom you have an “intimate” relationship, such as your current or former spouse, a person with whom you live or have lived, a person whom you are or were dating, or the mother or father of your child. If you are facing domestic violence charges in San Diego, the court may issue a Criminal Protective Order to protect the alleged victim in the case. A California protective order is valid throughout the United States and has far-reaching consequences that can significantly affect your life for years after it is filed. A CPO, for example, may:

• Prevent you from going near your spouse or your children;
• Order you to stay away from your home, your spouse’s workplace or your child’s school;
• Require you to move out of a shared residence; and
• Force you to forfeit your right to own or possess a firearm while the order is in effect.

Unlike a restraining order, the District Attorney files a Criminal Protective Order, and the District Attorney decides if criminal charges will be brought against you, based on the facts included in the police report. Even if the alleged domestic violence victim decides he or she doesn’t want to pursue a protective order, the decision is ultimately up to the court.

Violating a Criminal Protective Order in San Diego

A Criminal Protective Order is a serious matter, and there are strict penalties for violating these orders. If you violate a CPO in San Diego, you could be arrested under California Penal Code § 273.6 PC, and charged with a misdemeanor or felony offense, which carries a penalty of up to one year in county jail and a maximum fine of $1,000, or up to three years in state prison and a maximum fine of $10,000, respectively. In addition, defendants may face court fines, mandatory counseling, restitution for any counseling and/or medical services the victim reasonably requires in connection with the offense, and the relinquishment of any firearms plus the inability to acquire any new firearms for the length of the protective order. What’s more, any subsequent violations of a protective order that occur within a seven-year period and that involve an act of violence or a credible threat of violence are punishable by higher mandatory minimum sentences, up to and including three years in jail. There are a number of other crimes that are related to California Penal Code § 273.6 PC, including domestic violence (Penal Code § 273.5 PC, Penal Code § 243(e)(1) PC), stalking (Penal Code § 646.9 PC), criminal threats (Penal Code § 422 PC), elder abuse (Penal Code § 368 PC) and vandalism (Penal Code § 594 PC)

Legal Defenses for Violating a Protective Order

Violating a Criminal Protective Order is a serious offense with far-reaching consequences, but just because you have been accused of violating a CPO doesn’t mean you will automatically be punished. In order to convict you of violating a protective order, sometimes referred to as “contempt of court,” the prosecutor must prove that a legal protective order was issued, that you knew about the order, and that you intentionally violated the order. The following are some possible defenses for a Criminal Protective Order violation in San Diego:

• The protective order was illegally issued
• You didn’t know about the protective order
• You unintentionally violated the order
• You were falsely accused of violating the order

Free Domestic Violence Consultation in San Diego

Criminal Protective Orders are orders specific to criminal cases, and any defendant facing charges of domestic violence in San Diego should understand what a CPO means, as these orders are often issued along with any new domestic violence charge, misdemeanor or felony. Some Criminal Protective Orders are issued illegally or because of false domestic violence allegations, and sometimes a CPO violation isn’t what it appears to be. If a CPO has been issued against you, or if you have been charged with violating a Criminal Protective Order in San Diego, your first course of action should be to hire a qualified criminal defense attorney with experience handling domestic violence cases in California. Even if the alleged victim says he or she feels safe and doesn’t want to file a restraining order against you, it is highly likely that the judge in the case will issue a Criminal Protective Order. Contact San Diego Domestic Violence Attorney, at (619) 430-2355 to speak to a knowledgeable domestic violence defense attorney today.