Can A Victim Get a Criminal Protective Order Lifted?
A Criminal Protective Order (CPO) may be issued at the request of law enforcement to protect a person deemed to be at risk as the result of a criminal investigation. A CPO is an order designed to protect victims and witnesses of a crime from being harassed, stalked, threatened or otherwise intimidated by a defendant. The person for which protection is sought is called the “protected person” and the defendant is called the “restrained person.”
A CPO is made on behalf of the People of the State of California, usually through the prosecutor assigned to a criminal case. In order for a protective order to be granted, the district attorney’s office must show the court the defendant has:
- Physically harmed a victim or witness;
- Made threats against the victim or witness (and sometimes immediate family members); or
- Pressured a victim or witness not to testify in court.
A CPO may be issued by the judge after the defendant is arrested, charged or found guilty of certain crimes and there is good cause requiring protection of the victim or witness.
What Kinds of Criminal Protective Orders are Available?
There are two general types of CPO’s. A “No Contact” order may require a defendant to stay away from and have no contact with a protected person.
Alternatively, a CPO may permit contact between a defendant and the protected person, but only if that contact is peaceful in every way. These are called “Peaceful Contact” orders. A judge has the discretion to modify a CPO in many other ways in order to address specific issues in a particular case.
A Criminal Protective Order supersedes any other type of restraining order. For example, a CPO takes priority over a restraining order as the primary order that must be obeyed.
If the defendant violates the protection order, a new charge can be filed and the defendant is subject to re-arrest.
Can a Criminal Protective Order Be Changed?
Either the protected person or the restrained person can request that the requirements in the Criminal Protective Order be changed. A party can request that the level of protection be increased or decreased.
You may ask the judge to change the CPO by filling out a form called a “Petition for Modification of a Criminal Protective Order.”
On this form, you will be asked which conditions of the protective order you wish to modify. Conditions include but are not limited to the following:
- No personal, telephonic, written, or electronically communicated contact with the protected person (including either party’s child if the child is named as a protected person);
- No contact with the protected person through a third party (except an attorney of record); and
- Not coming within a certain distance of the protected person.
Can a Victim Get a Criminal Protective Order Lifted?
If you are the victim named in a protective order or if you are the parent or guardian of a victim named in a protective order, you may request the court modify an existing protective order by removing some or all of its conditions. This is a complicated process, so it is in your best interest to hire an experienced criminal defense lawyer if you are a victim attempting to have a CPO modified or terminated.
A petition to modify or terminate terms of a protective order should state the reasons that support your request. You must agree that you freely and voluntarily make the request to modify the protective order. You will also be asked whether you have discussed your decision to request modification of the order with a victim specialist, who is a government official who provides support for victims. Finally, you must sign your petition under penalty of perjury.
You must file your petition with the clerk of the court that ordered the Protective Order. The clerk will set a court hearing at least 10 days away at which you and the defendant must appear. The clerk’s office will send a notice of hearing to the defendant and other parties.
It is important that both the protected person and the restrained person understand that the filing of this petition does not change the terms of the order on file. The defendant must stay in compliance with the conditions of the protective order until otherwise notified.
At the time of the hearing, a judge will make the determination as to the requested modification. The judge may grant, partially grant, or deny modification of a CPO.
Contact Wallin & Klarich Today to Modify or Terminate a Criminal Protective Order
If you or someone you love is interested in getting the terms of a protective order modified or terminated, you should consult with an experienced protective order attorney at Wallin & Klarich today. At Wallin & Klarich, our attorneys have over 40 years of experience successfully handling cases involving criminal protective orders and restraining orders.
Wallin & Klarich has offices conveniently located in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville.
Call us today at (877) 4-NO-JAIL (877-466-5245) for a free telephone consultation. We will get through this together.
Am going thro a bad time I need my boyfriend around me for support my son got drain damage in 3 weeks they took my other kids away I got depressed I need him
Hi Claudia,
Do you have a legal matter in California? If you have an issue with a criminal protective order or some other criminal matter, please contact our offices at (877) 466-5245 so we can discuss your case in detail.
Best of luck
I’m going through bad times right now and I need my boyfriend but there is a stay away order i want to go see him? Can I go see him?
Hi Rosalinda,
If your boyfriend is found in violation of a stay away order, he could face severe consequences. However, an attorney may be able to help you and your boyfriend get the stay away order against him removed. Please call us for a free phone consultation at (877) 466-5245.
We look forward to your call.
My fiancé has been arrested and is doing a year on a plea deal that he took for a felony 273.5(A) PC INF CORP INJ:SPOUSE/COHAB and a Felony second degree burglary and they served him with a criminal no contact order protecting my son and I. However, I did not want a no contact order placed on him and I would like to have it lifted. I would like to be able to visit him in jail and I would like to be able to see him so we can continue and grow our future together. What do I need to do to have this criminal no contact order lifted?
Hi Jessica,
We may be able to help you have the no contact order lifted. Please call us at (877) 466-5245 so we can being helping you.
We look forward to your call.
Hello my name is Carolyn and and I wanting to get some advice on how to get a criminal protection terminated that was placed two yrs ago my husband was arrested bk in July because we had reconciled but my husband worked 6 days a week 12 hrs a day and he only had Sundays off and the court house was closed I have a severe seizure disorder that requires me not to be by myself I’ve been to every court date he had asking and writing letters to the judge to modify the order or teammate it but she won’t and my husband is set to get released on October 1st so I need help if u could please contact me asap
Hi Carolyn,
If you wish to have a criminal protective order terminated against your husband, please contact us at (877) 466-5245. We have been practicing this area of law for more than 30 years, and we know what it takes to get these types of orders lifted. The fact that you want the order terminated is an excellent first step in accomplishing this.
We look forward to your call!
This incident happen in June of this year since then we had gotten back together I am living in his home with his mother whom we take care of well he was arrested on Sep 12 for violation of this order that i had never recieved paperwork about this he is in jail and doesnt deserve to be in there i want the protection order lifted
Hi Jennifer,
Is this case in California? If so, we may be able to help your loved one get the criminal protective order lifted. Please contact us at (877) 466-5245 so we can discuss your case in detail.
We look forward to your call.
I wronfully put domestic violonce charges against my boyfried because my parents wanted me to get him introuble and now they put a cpo and I didnt want that because me him are still together
Hi Carolina,
We may be able to help your boyfriend have the criminal protective order lifted and we can fight the domestic violence allegations against him. Please contact us at (877) 466-5245 so we can begin to help you and your boyfriend.
We look forward to your call.
A year ago the FBI placed a protection order between me and my boyfriend upon the request of mine how can I get it dropped
Hi Angel,
If you wish to have a criminal protective order lifted, you should hire an attorney to try to convince the court that there is a valid legal reason to lift the order. We may be able to help you do this. Call our offices at (877) 466-5245 so we can discuss how we may be able to help you.
We look forward to your call.
My boyfriend is in jail for PC 273.5(a). He took a plea deal and he got a 10 year restraining order to stay away from me. I do not want this. We have a 3 year old son together. I need him in the home..
Hi Leslie,
We may be able to help your boyfriend, but we need more information about your case. Please contact us at (877) 466-5245 so we can discuss your case in detail.
We look forward to your call.
Hi! MY BOYFRIEND DENNIS EVERETT.IS SERVED;A 3 YEAR CRIMINAL PROTECTED ORDER. THAT, TempleCity
SHERRIF’S. Department
Force,Me to enforce it.
On, my boyfriend. DENNIS
KING.on August 9 2016
I told! Them! I did not, Want. The Restraining. Order. At. All. I was forced
Hi Donna,
You or your boyfriend should contact our law firm to see if we can help you have the restraining order lifted. Contact us at (877) 466-5245 as soon as possible.
We look forward to your call.
If the defendant is in jail and I the victim wish too dismiss the criminal protective order. What are my options?
Hi Lesley,
Please contact us at (877) 466-5245 so we can discuss your options for attempting to remove the criminal protective order. We look forward to your call!
Thanks
Lesly,
Were you successful in modifying the CPO?