Published by Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.
What Types of Criminal Protective Orders May Be Issued?
There are 2 basic types of criminal protective orders. A CPO may require a defendant to stay away from and have no contact with, a Protected Person. These CPOs are referred to as “No Contact” orders.
The other type of CPO permits contact between a defendant and the Protected Person, but only if that contact is conducted peacefully. These are called “Peaceful Contact” orders.
Also Read: Criminal Law Discovery Rules and Procedures
How Do I Get Rid of a Criminal Protective Order?
If you would like to have a criminal protective order against you nullified, you should discuss your situation with the Victim Witness Office. Once you are better informed of the process, you can request that the Criminal Court amend the Criminal Protective Order by filling out a Petition for Modification of Protective Order. File it with the court that initially ordered the original Protective Order.
Related Article: How Long Does Felony Stay on You?
What's the Difference Between a Protective Order and a Restraining Order?
A protective order is a type of restraining order; however, there are key differences between the 2. A criminal restraining order can only limit a narrow set of behaviors while a protective order can force the defendant to do or not do many things.
Secondly, a restraining order is a civil matter made to a judge by a private citizen to protect them from another private citizen. The official legal term for this is an "ex parte request," where the victim requests that the court make a decree of allowable behavior without notifying the other party until a final hearing for a Permanent Restraining Order (PRO) is issued.
Read Also: Which Felonies Cannot be Expunged?
Penalties for a Criminal Protective Order Violation
A violation of a criminal protective order can have severe legal ramifications. It's a misdemeanor offense that carries the following penalties:
- Up to one year in a county jail
- A fine of up to $1,000
The case can be prosecuted as a “wobbler” if the defendant has a prior conviction or the current violation involved an act of violence. If convicted of a felony, the penalties may include:
- Up to three years in a state prison
- A fine of up to $10,000
FAQs
How long does a criminal protective order last?
The duration of a criminal protective order can vary. It may last until the criminal case is resolved, or for a specified period determined by the court. In some cases, it can be extended if there is an ongoing threat to the protected person.
What happens if the defendant violates a criminal protective order?
Violating a criminal protective order is a criminal offense and can lead to arrest, additional charges, fines, and potential jail time. The court takes violations seriously to ensure the safety of victims and witnesses.
Can a criminal protective order be modified or dismissed?
Yes, a criminal protective order can be modified or dismissed by the court. Either party can request changes, but the judge will consider the safety and circumstances of the protected person before making any modifications.
What should a defendant do if a criminal protective order is issued against them?
If a criminal protective order is issued against you, it is crucial to understand and comply with all conditions. Violating the order can result in severe penalties. Consult with your attorney to discuss your rights and any possible actions to contest or modify the order.
Related Articles:
- Difference Between a Tort and Crime
- What Does Pleading No Contest Mean?
- How to Get Charges Dropped Before a Court Date?
Get a Free Lawsuit Evaluation With Our Lawyers
A restraining order or CPO filed against you can impact your life; that is why the attorneys at Schmidt & Clark, LLP have extensive experience in stay-away orders and can help.
Our defense lawyers will fight to challenge the basis of an order, prevent a judge from issuing it as part of your court case, and try to remove it from public view. Contact us today for a free case evaluation.