ADA
Criminal protective Orders

This page tells you about:

  1. What is a Protective Order?
  2. How do I get a Protective Order?
  3. What can the Court do to protect me?
  4. Does law enforcement have to protect me?
  5. When will the judge make a decision on the protective order?
  6. How will the defendant know there is a Protective Order?
  7. How do I get a copy of the Protective Order?
  8. How long does it take for law enforcement to find out about the Protective Order?
  9. What do I do if the defendant doesn’t follow the order?
  10. How do I get the judge to change my Criminal Protective Order?
  11. What if I don't have a green card?
  12. What is the difference between a Criminal Protective Order and a Civil Restraining Order?
  13. What if I have a Criminal Protective Order AND a Civil Restraining Order?
  1. What is a Protective Order?

    A Protective Order is an order a judge makes to protect a witness or victim of a crime.

  2. How do I get a Protective Order?

    To get a Protective Order, you must show the court the defendant has:
    • hurt you
    • made you feel afraid
    • tried to get you to not testify, or
    • threatened to do any of these things.
  3. What can the Court do to protect me?

    The court can order law enforcement within its jurisdiction to protect you and your immediate family members who live with you. Sometimes the Court will protect family members who live reasonably close to your home.

  4. Does law enforcement have to protect me?

    Yes. Law enforcement must follow the Court’s order to protect you, but only for a limited amount of time.

  5. When will the judge make a decision on the Protective Order?

    When the defendant appears in court for the first time, a decision will be made about the Protective Order. If you want to request a Protective Order, you should contact the District Attorney's Office  and speak to the victim advocate or come to court. If the victim is not present, the judge will read the papers in the file and decide if there is a good reason to make a Protective Order for you.

  6. How will the defendant know there is a Protective Order?

  7. The defendant will be served a copy of this Protective Order. The order will say exactly what things s/he cannot do.

  8. How do I get a copy of the Protective Order?

    If you are in court, the deputy will give you a copy of the Protective Order. If you are not in court when the judge makes the order, get a copy from the District Attorney’s office.

  9. How long does it take for law enforcement to find out about the Protective Order?

    The Court tells the Sheriff’s Department within 1 business day after the judge makes the order.

  10. What do I do if the defendant doesn’t follow the order?

    If the defendant doesn’t follow the order, call the police immediately. The restrained person can be arrested and charged with a crime.

  11. How do I get the judge to change my Criminal Protective Order?


    The first thing you should do is to read the informational flyer, How to Ask the Judge to Change Your Criminal Protective Order . Then you can ask the Criminal Court to change the Criminal Protective Order by using the proper forms, which can be downloaded from this website. The two forms are:

    Click the form links above to open the forms. You can then print them and fill them out by hand, or fill out them out online and then print them.

  12. What if I don't have a green card?

    You can still get a Protective Order. The people at the courthouse do not work for the Department of Homeland Security Immigration and Customs Enforcement. If you are worried about deportation, talk to an immigration lawyer.

  13. What is the difference between a Criminal Protective Order and a Civil Restraining Order?

    Criminal Protective Orders and Civil Restraining Orders are not the same. Click to read the information flyer CR 6000  to learn how they are different.

  14. What if I have a Criminal Protective Order AND a Civil Restraining Order?

    There is important information you need to know if you have both a Criminal Protective Order and Civil Restraining Order. Click to read the flyer, Do You Have a Criminal Protective Order and a Civil Restraining Order .

© 2013 Superior Court of California, County of Santa Clara