A criminal protective order (CPO) is a court order issued by a judge in a criminal case that prohibits the defendant from contacting, harassing, or coming near the alleged victim or a witness. Unlike a restraining order, which a person requests on their own in civil or family court, a CPO is requested by the prosecutor and issued as part of the criminal proceedings, often automatically at the defendant’s first court appearance in domestic violence, assault, and stalking cases.
That difference matters enormously if you are the person being restrained. A CPO can order you out of your own home, cut off contact with your spouse and children, and require you to surrender your firearms, all before you have been convicted of anything. What follows covers how criminal protective orders work in California, how they differ from restraining orders, how long they last, and what your options are if one has been issued against you.
What Is a Criminal Protective Order (CPO)?
A criminal protective order is issued under Penal Code 136.2, which gives a criminal court judge the power to protect victims and witnesses from harm, intimidation, or dissuasion while a criminal case is pending. The order names one or more “protected persons” and places strict limits on what the defendant, known as the “restrained person,” can do. A CPO is enforced by law enforcement statewide, and violating it is a separate crime.
CPOs are most common in domestic violence cases, where many district attorney’s offices request them automatically at arraignment. Courts also issue them in cases involving assault, stalking, criminal threats, sexual offenses, elder abuse, and witness intimidation.
Who Requests a Criminal Protective Order?
The prosecutor, not the alleged victim. The district attorney petitions the court on behalf of the People of the State of California, and the judge decides whether to grant the order. The protected person does not have to ask for the order, does not have to want it, and cannot simply cancel it. This is one of the most misunderstood aspects of a CPO: even if the alleged victim wants contact, the order stands until a judge changes it.
No-Contact vs. Peaceful Contact: The Two Levels of a CPO
California courts generally issue CPOs at one of two levels:
- Full no-contact order. The defendant must have no contact with the protected person whatsoever. That means no calls, texts, emails, social media messages, or contact through third parties. The defendant must also stay a set distance away, commonly 100 yards, from the person, their home, their workplace, and their vehicle.
- Peaceful contact order (often called “Level 1”). The defendant may communicate and even live with the protected person, but must not harass, threaten, strike, follow, or disturb the peace of that person. Courts often consider this level when the parties live together or share children.
In the early stages of a domestic violence case, judges usually default to the full no-contact version out of caution. Getting it reduced to peaceful contact typically requires a formal request from the defense.
Criminal Protective Order vs. Restraining Order: Key Differences
People use “protective order” and “restraining order” interchangeably, but in California they come from different courts, follow different rules, and serve different roles:
| Factor | Criminal Protective Order | Civil Restraining Order |
| Who requests it | The prosecutor, on behalf of the state | The individual seeking protection |
| Which court issues it | Criminal court, as part of a pending case | Civil or family court, in its own case |
| How it starts | Often automatically at arraignment | Person files a petition and attends a hearing |
| Requires a criminal charge? | Yes, tied to a criminal case | No, an arrest or charge is not needed |
| Common types | No-contact or peaceful contact CPO | DVRO, civil harassment, elder abuse, workplace violence orders |
| Typical duration | Life of the case; up to 10 years after conviction | TRO around 2 to 3 weeks; orders after hearing up to 5 years |
| If the orders conflict | The CPO generally takes precedence | Yields to the criminal order |
The other major difference is what each order signals. A restraining order is preventive and civil. A CPO exists because the state has filed criminal charges, so everything about it, from issuance to modification and enforcement, runs through the criminal case.
For a full breakdown of the civil process, the California Courts self-help guide to protective orders is a helpful resource. The rest of this guide stays focused on the criminal side, where the stakes for the restrained person are highest.
When Do California Courts Issue Criminal Protective Orders?
A CPO can be issued at any point after charges are filed, but in practice it happens at the very first hearing. Common triggers include:
- Domestic violence charges. Nearly every DV filing comes with a CPO request, whether the charge is misdemeanor or felony. If you are facing domestic violence charges in Los Angeles, you should expect the prosecutor to request one at arraignment.
- Corporal injury, battery, and assault cases. These often involve spouses, partners, or other family members.
- Stalking and criminal threats cases. The order shields the alleged target from further contact.
- Sexual offense and child abuse cases. Courts treat these with the same automatic caution as domestic violence filings.
- Elder abuse cases. Protective orders are common where the alleged victim is a dependent adult.
- Witness intimidation concerns. A judge can issue a CPO to protect any witness the defendant might pressure or dissuade from testifying.
The judge does not need the alleged victim’s consent and does not need to hold a full evidentiary hearing the way a civil court would. A showing of good cause, meaning a reasonable belief that harm or intimidation is likely, is enough.
How Long Does a Criminal Protective Order Last?
A criminal protective order can last anywhere from the length of the pending case up to 10 years, depending on when and why it was issued. A pretrial CPO generally remains in effect for as long as the court has jurisdiction over the case, commonly up to three years, and ends when the case is dismissed, the defendant is acquitted, or the case otherwise resolves. If the defendant is convicted, the story changes: the court can issue a post-conviction protective order as a condition of probation, and in domestic violence, stalking, and certain sex offense cases, the judge can impose a protective order lasting up to 10 years, regardless of whether the defendant serves time in custody.
In other words, a CPO is not automatically over when the criminal case is. For many defendants, negotiating what happens to the protective order at sentencing is just as important as negotiating the charge itself.
What Happens If You Violate a Criminal Protective Order?
Violating a CPO is a new crime, separate from the underlying charges. Under Penal Code 166, willful disobedience of a criminal protective order is typically a misdemeanor punishable by up to one year in county jail and a fine. If the violation involves violence or causes bodily injury, it can be charged as a felony carrying up to three years. Police are required to arrest a person when there is probable cause to believe a CPO was violated, even if the officer did not witness it.
The collateral damage is often worse than the new charge. A violation can get bail revoked, sink an otherwise strong defense in the underlying case, trigger a probation violation, and destroy any chance of getting the order modified later. Critically, the protected person cannot give you permission to violate the order. If they invite contact and you respond, you are the one committing the crime.
Can a Criminal Protective Order Be Modified or Lifted?
Yes, but only by the judge. Neither the defendant nor the protected person can change the order on their own. The most common modification is downgrading a full no-contact order to a peaceful contact order, which courts consider when the parties share a home or children, when the protected person requests contact, and when the defendant has complied with the order and any counseling or program requirements.
The defense files a formal request, the protected person’s position is heard (often through the district attorney’s victim advocate), and the judge weighs the safety concerns against the practical realities of the family’s situation. Judges take these requests seriously, but they also deny them regularly when the request comes too early or the record shows any violation. An experienced defense attorney will time the request strategically and support it with evidence of compliance.
Frequently Asked Questions About Criminal Protective Orders
Can the victim ask to drop a criminal protective order?
The protected person can tell the court they want the order lifted or reduced, and judges do consider that request, but they are not required to follow it. Because the case belongs to the state, not the victim, only the judge can modify or terminate a CPO, and many keep at least a peaceful contact order in place while the case is pending.
Does a criminal protective order show up on a background check?
The order itself is entered into California’s statewide law enforcement database (CLETS), so police anywhere in the state can see and enforce it. It is not a conviction, but the criminal case it is attached to may appear on background checks, and a conviction for violating the order certainly will.
Can you own a gun while under a criminal protective order?
No. A person subject to a CPO must surrender their firearms and ammunition, typically within 24 hours, by turning them in to law enforcement or selling or storing them with a licensed dealer. Possessing a firearm while under a protective order is a separate crime.
What if you live with or share children with the protected person?
Tell your attorney immediately. Courts can carve out exceptions, such as a peaceful contact order or a provision allowing contact for the safe exchange of children under a family court order. What you must not do is work it out informally: even consensual contact violates a no-contact CPO. If the order has forced you out of your home after being accused of domestic violence, a modification request is the lawful path back.
Is a criminal protective order the same as an emergency protective order?
No. An emergency protective order (EPO) is a short-term order, lasting about five to seven days, that police request on the spot, usually at the scene of a domestic violence call. A CPO is issued later by the judge once charges are filed and lasts far longer. Many defendants are served with an EPO at arrest and a CPO at arraignment.
Facing Charges With a Protective Order in Los Angeles? Talk to a Defense Attorney
A criminal protective order reshapes your life overnight, affecting where you can live, whether you can see your children, and how your criminal case unfolds. Handled poorly, it also becomes a trap: a single text message can turn a defensible case into two cases. The defense attorneys at Manshoory Law Group regularly petition Los Angeles courts to modify no-contact orders to peaceful contact and build defenses to the underlying charges at the same time.
If a criminal protective order has been issued against you, contact Manshoory Law Group for a free case analysis at (877) 977-7750. Available 24/7.