ADA
Criminal protective Orders

This page tells you about:

  1. What is a Criminal Protective Order?
  2. What types of Criminal Protective Orders are issued?
  3. When will a judge issue a Criminal Protective Order?
  4. How will a defendant know there is a Criminal Protective Order?
  5. How does a Protected Person get a copy of the Criminal Protective Order?
  6. How long does it take for law enforcement personnel to find out about a Criminal Protective Order?
  7. What should a Protected Person do if a defendant violates a Criminal Protective Order?
  8. How can a Protected Person request changes to the Criminal Protective Order?
  9. What are the differences between a Criminal Protective Order and a Civil Restraining Order?
  10. What if a Criminal Protective Order and a Civil Restraining Order conflict?
  1. What is a Criminal Protective Order? 

    A Criminal Protective Order (“CPO”) is an order a judge makes to protect a witness to, or victim of, a crime. Such persons are referred to as “Protected Persons.” Such orders are routinely issued in cases involving domestic violence.

  2. What types of Criminal Protective Orders are issued?

    There are two general types of CPOs. A CPO may require a defendant to stay away from, and have no contact with, a Protected Person. These are called “No Contact” orders. 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 can modify a CPO in many other ways, however, in order for it to address specific issues in a particular case.

  3. When will a judge issue a Criminal Protective Order?

    A judge will decide whether to issue a No Contact CPO or a Peaceful Contact CPO when a defendant appears in court for the first time. A Protected Person may provide input regarding the CPO at that time.

  4. How will a defendant know there is a Criminal Protective Order? 

    A defendant will be given a copy of the CPO while in court.

  5. How does a Protected Person get a copy of the Criminal Protective Order?

    The deputy will provide a copy of the CPO to the Protected Person if he or she is in court. If the Protected Person is not in court, he or she can request a copy from the District Attorney’s Office .

  6. How long does it take for law enforcement personnel to find out about a Criminal Protective Order?

    The CPO is entered into state-wide database accessible by law enforcement personnel within one business day of its issuance.

  7. What should a Protected Person do if a defendant violates a Criminal Protective Order?

    If a defendant violates a CPO, the Protected Person should contact law enforcement personnel immediately. Violation of a CPO is a crime subject to a jail sentence of up to one year. Under certain circumstances repeated violations can lead to felony charges.

  8. How can a Protected Person request changes to the Criminal Protective Order? 

    A Protected Person may request modifications to a CPO at any time. The request can be made by filling out a form available in the Clerk’s Office at the Criminal Courts (Hall of Justice), 190-200 West Hedding Street, San Jose.

  9. What are the differences between a Criminal Protective Order and a Civil Restraining Order?

    CPOs and Civil Restraining Orders are not the same. More information on this subject is available in information flyer CR 6000 .

  10. What if a Criminal Protective Order and a Civil Restraining Order conflict?

    Courts follow certain rules to resolve conflicts between CPOs and Civil Restraining Orders. More information on this subject is available in information flyer CR 6000 .
© 2014 Superior Court of California, County of Santa Clara