What Is a Criminal Protective Order (CPO) — and Can It Be Modified?

The average American makes about six phone calls and sends or receives up to 67 texts each day. But what if placing a call, sending a text, or making a social media post could land you in jail? If you are subject to a California Criminal Protective Order (“CPO”), it could happen. To ensure it doesn’t, it’s important to understand the laws governing CPOs. 

This article explains what a CPO is, what it does, and how it differs from a civil restraining order (DVRO). It also discusses when and how a court can modify or lift the CPO. Finally, it outlines how a Marin County domestic violence attorney can help you with a CPO. 

What Is a CPO? 

Under California Penal Code §136.2a, a CPO is an order issued by a criminal court judge to protect a victim or witness when there is good cause to believe they may be subject to harm or intimidation by another person. Because of their purpose, CPOs are common in domestic violence cases.

The victim or witness who is covered by the CPO is known as the “protected person.” A CPO can extend to the protected person’s spouse, children, or parents. 

A CPO can be “no contact” or “peaceful contact.” In a no-contact CPO, the defendant cannot directly contact the protected person by phone, text, email, social media, or any other method. CPOs also forbid indirect forms of contact, such as asking another person to send a message. Also, no-contact CPOs typically have a “stay-away” provision. A stay-away order forbids the subject of the order from coming within a certain distance (usually 100 yards) of the protected person’s home, school, or workplace. 

In a peaceful contact CPO, the court allows the parties to continue communicating, usually for co-parenting purposes. However, there cannot be any “harassing. . . . aggressive or abusive conduct toward the alleged victim.” There is no single definition of what violates this rule, but if the protected person begins to feel intimidated or coerced, it could constitute a violation. Actions that might violate a peaceful contact CPO include: 

• Stalking 
• Making repeated unwanted calls, messages, or texts
• Sending rude, harassing, or threatening messages or texts 
• Moving conversations away from approved topics (e.g., children’s schedules) into non-approved topics (e.g., “Who are you dating and why?”) 
• Approaching a protected person (or their home or workplace) while “stay away” provision is in place 
• Reaching out through third parties 
• Harassing via social media (including liking or commenting on posts about the protected person) 
• Driving by the protected person’s home, school, or job 
• Contacting the protected person while intoxicated 

CPOs v. Restraining Orders (DVRO)

While CPOs are issued by criminal judges, DRVOs are issued by family courts. The same person may be subject to both a CPO and a DVRO. In fact, they often contain similar provisions. Also, violating either can lead to criminal charges. However, when both are in effect, the CPO controls. 

Types of CPOs in California Domestic Violence Cases 

CPOs can take different forms at different times in a criminal domestic violence case. Here’s how things typically progress: 

Before Charges Are Filed: Emergency Protective Order (EPO)

California law police to request  Emergency Protective Orders (EPOs) at the scene of an alleged domestic violence incident. If the judge agrees, the EPO will be issued. These orders last for seven calendar days. 

After Charges Are Filed: The First CPO

Once the district attorney files criminal charges, the prosecutor can ask the judge to enter a CPO. If the judge agrees, the CPO will replace the EPO and become the protected person’s primary source of legal protection. Unlike the EPO, which lasts only 7 days, the CPO can last for the remainder of the criminal case. 

After Sentencing: The Post-Conviction CPO

If the defendant is convicted of domestic violence, the judge can enter a post-conviction CPO. This order can remain in effect for up to 10 years. 

What Happens if I Violate a California CPO? 

It is crucial that you follow every command in your CPO to the letter. Any violation could lead to new criminal charges. If a police officer has probable cause to believe that you have violated a CPO, they must arrest you even if they didn’t directly observe the violation. Worse, under Penal Code § 166(c)(1), willfully violating a CPO can be punished by up to a year in prison. If you cause bodily injury during the violation, the possible sentence jumps to three years.

In addition to criminal charges, violating a CPO can also lead to issues with bail, probation, immigration, custody, or visitation. Be sure to discuss any questions about these consequences with your Marin County domestic violence attorney. 

Can a California CPO Be Modified? 

Sometimes, people want to move from “no contact” to “peaceful contact, change the distance on stay-away restrictions or terminate the CPO altogether. California law allows these changes. 

California law gives judges who issue CPOs the authority to change or even cancel them. However, only the judge can do so. As such, any “agreement” between the protected person and the defendant to end or change the order will be invalid.

While only the judge can change the order, the protected person, the restrained party, or even the DA can ask for a modification. Judges are more likely to agree to changes when there is evidence that: 

• Both parties want the change
• The restrained person has complied with the existing CPO 
• The restrained person has completed any ordered domestic violence, anger management, or substance use counseling
• No new violent incidents have occurred
• The probation officer or DA does not object 

Remember, until the judge enters the new CPO, the old one remains in effect. So, it is important to comply with the existing CPO until the new one is in place. If you don’t, you could face additional criminal charges. 

Get Legal Help with Your CPO

If you are subject to a CPO, you likely have many questions, but you also have legal rights. An experienced Marin County domestic violence lawyer can help you protect them. Your attorney can fight any allegations that you violated your CPO. They can also help you argue for a modification if necessary. 

To get help with CPOs or other criminal domestic violence issues, contact Brownstein Law Group. Our experienced team, led by Attorney Josh Brownstein, is 100% committed to fighting for your rights. To learn more about how our team can help you, call 415-795-9059 or use our online form to get in touch today.