What Is a California Protective Order?

October 16, 2024 | Ahmed & Sukaram, Criminal Defense Attorneys

Courts use protective orders in criminal domestic violence cases to prevent the defendant from contacting the accuser in any form whatsoever. California has several different types of protective orders. Below is a listing of them. Other states, such as Michigan, use Domestic Abuse No Contact Orders, known as DANCOs, to accomplish a similar purpose. While the functions of these orders overlap, the specific provisions vary between DANCOs and California protective orders.

California Criminal Protective Order (CPO)

 A California Criminal Protective Order applies to criminal cases based on domestic violence, stalking, sexual assault, or other serious offenses. A court will automatically issue a CPO as soon as the prosecutor files criminal charges involving domestic violence. The order typically forbids any contact, harassment, threats, or even physical proximity to the victim. The order might include additional restrictions, such as a restriction against possessing a firearm.

Violating a CPO is a criminal offense that can result in arrest. The CPO remains in effect while the case is pending. Unless you win an acquittal, the court can extend the CPO indefinitely. A CPO differs from DANCO in that it can contain more flexible provisions based on the specific facts of your case.  

Emergency Protective Order (EPO)

An Emergency Protective Order offers immediate relief for a domestic violence accuser who is in imminent danger. In many cases, a police officer responding to a domestic violence call can request an EPO from a judge by phone at the scene. No input from the accused is required.  Its scope can include both no-contact orders and child custody arrangements. It expires within a few days, and the accuser can seek long-term protection after that.

Be careful because you can also face arrest if you violate an EPO.

Temporary Restraining Order (TRO)

Like an EPO, a Temporary Restraining Order (TRO) offers immediate protection. Unlike an EPO, it lasts until a full court hearing, typically 21 to 25 days. It is designed to tide the accuser over until the court can schedule a hearing and issue a more permanent restraining order. Unlike an EPO, a police officer cannot call in a TRO at the scene of a domestic violence call.

The accuser can get a TRO by filing a petition showing that they are in immediate danger and by participating in an ex parte hearing. “Ex parte” means you cannot participate in the hearing, and you do not even need to know about it in advance. Once the court issues a TRO and you know about it, you can go to jail for violating it. 

Domestic Violence Restraining Order (DVRO)

The purpose of a Domestic Violence Restraining Order (DVRO) is to provide the accuser with long-term protection against domestic violence. A court will issue a DVRO after the accuser petitions for one, and the court holds a hearing. Typically, at the time of the hearing, your accuser will already enjoy the protection of a TRO. You can show up at the hearing and state your case. A DVRO is often very comprehensive. It can include:

• No-contact provisions that prevent you from even so much as emailing the accuser;
• Stay-away orders, which can effectively evict you from your own home;
• Child custody arrangements, which can cut you off from contact with your children;
• A prohibition against owning or possessing firearms; and 
• Other orders tailored to your specific circumstances. 

A DVRO can last up to five years. Like other domestic violence orders, you can face arrest and criminal prosecution for violating it.  

Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help

If California has charged you with domestic violence, or if you are anticipating an accusation, you need to contact a California criminal defense lawyer right away. Criminal prosecutions can move quickly, and you could sacrifice important rights if you don’t begin immediately to prepare an effective defense. There are a multitude of ways that a lawyer can help. Contact Ahmed & Sukaram, Criminal Defense Attorneys, today to schedule a free consultation. 

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
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