A criminal protective order in California is a directive issued by a criminal court under Penal Code 136.2 that bars a defendant from contacting, threatening, or going near a victim or witness in a pending or resolved criminal case.1California Legislative Information. California Penal Code PEN 136.2 The prosecutor or judge requests it, not the victim, and the terms become a condition of the defendant’s release, probation, or sentence. Violating it is a separate crime that can mean jail or state prison on top of whatever the underlying case brings.
What the Order Restricts
The specific conditions vary case by case, but judges draw from the same set of options under Penal Code 136.2.
No Contact and Stay-Away Distance
The court can prohibit all communication with the protected person, direct or indirect. That means no calls, no texts, no messages through friends, family, or social media. The only carve-out the statute contemplates is contact through an attorney, which the judge can allow on whatever conditions seem reasonable.1California Legislative Information. California Penal Code PEN 136.2
Judges typically pair the no-contact term with a physical stay-away distance, often 100 yards from the protected person’s home, workplace, vehicle, and school. The distance applies whether or not the protected person is actually there at the time.
Firearms Surrender
This part is not negotiable. Anyone subject to a CPO must relinquish every firearm they own or possess, turning them over to law enforcement or a licensed dealer.1California Legislative Information. California Penal Code PEN 136.2 Buying, receiving, or attempting to acquire a gun while the order is active is its own criminal offense under Penal Code 29825. The ban runs for the full life of the order.
GPS Monitoring in Some Counties
In counties that have adopted a local policy and secured agreement from the sheriff or chief probation officer, the court can require electronic monitoring as a condition of the CPO.1California Legislative Information. California Penal Code PEN 136.2 If the defendant can afford it, the defendant pays. Otherwise, the local government covers the cost. The statute caps GPS monitoring at one year, regardless of how long the CPO itself lasts.
How Long It Lasts
The duration depends on where the case is in its life.
A CPO issued while the case is pending normally stays in effect until sentencing or final resolution. Judges often issue the first version at arraignment and keep it in place through trial.
After conviction, the order can last much longer. Penal Code 136.2(i) requires the sentencing judge to consider a post-conviction protective order whenever the defendant is convicted of domestic violence, human trafficking, sexual assault, a gang-related offense, or any crime requiring sex offender registration.1California Legislative Information. California Penal Code PEN 136.2 These post-conviction orders can run up to ten years from the date of sentencing. They apply whether the defendant is sent to state prison, county jail, mandatory supervision, or probation.
In setting the length, the statute tells the court to weigh the seriousness of the offense, the likelihood of future violations, the safety of the victim and their immediate family, and any information provided under Penal Code 273.75 regarding the defendant’s domestic violence history.1California Legislative Information. California Penal Code PEN 136.2 A single misdemeanor battery might draw a shorter term. A documented pattern of violence or stalking is more likely to draw the full ten years.
Penalties for Violating the Order
Prosecutors charge CPO violations under Penal Code 166 as contempt of court, separate from any underlying charges. The penalties step up with the circumstances.
- A standard violation is a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both.2California Legislative Information. California Penal Code PEN 166
- A violation that causes physical injury carries a mandatory minimum of 48 hours in county jail on top of any other sentence. The judge cannot suspend that minimum.2California Legislative Information. California Penal Code PEN 166
- A second or later violation within seven years that involves violence or a credible threat is a wobbler. The prosecutor can file it as a misdemeanor or a felony, and a felony conviction carries 16 months, two years, or three years in state prison.2California Legislative Information. California Penal Code PEN 166
These penalties apply to CPOs issued under Penal Code 136.2. Violations of a family court restraining order are prosecuted under Penal Code 273.6, which has its own separate penalty structure.3California Legislative Information. California Penal Code PEN 273.6
How a CPO Differs from a Family Court Restraining Order
People confuse these constantly. A criminal protective order comes out of the criminal court as part of a criminal case. The prosecutor or judge sets it up. The victim files nothing and has no say in whether one is requested.
A domestic violence restraining order is filed by the victim in family court. It can exist on its own, with no arrest and no charges. The same victim can have both at once.
When the two orders conflict, the CPO generally controls because it carries the authority of the criminal court.1California Legislative Information. California Penal Code PEN 136.2 This matters most in domestic violence cases with parallel proceedings. A family court may issue a custody order allowing contact for visitation exchanges while a criminal court CPO bars all contact. The defendant who follows the family court order and ignores the CPO can be arrested for contempt.
California Rule of Court 5.445 sets up a communication protocol so the criminal court can consult the family court and modify the CPO where needed.4Judicial Branch of California. California Rules of Court Rule 5.445 – Court Communication Protocol for Domestic Violence and Child Custody The safest step for a defendant caught between the two is to ask the criminal court to carve out an exception for custody contact before acting on anything the family court says.
Modifying or Ending the Order
Only the criminal court that issued the CPO can change it or end it. This is where the biggest misconception shows up: a protected person cannot drop the order by calling the clerk, telling police they no longer want it, or signing anything on their own. The order belongs to the court.
The defendant, the protected person, or the district attorney can file a motion asking the court to modify the terms. Common requests are peaceful contact for custody exchanges or a reduction in the stay-away distance. At the hearing, the judge weighs whether both parties agree, whether the defendant has complied so far, whether any counseling has been completed, and whether there have been new incidents. Until the court signs a new order, the original stays fully enforceable.
For post-conviction orders, the sentencing court keeps authority to modify the order throughout its full duration, even after the defendant finishes probation or parole.1California Legislative Information. California Penal Code PEN 136.2
Enforcement Across State Lines
A California CPO does not lose force at the state line. Under 18 U.S.C. § 2265, every state, tribe, and territory must give full faith and credit to a valid protective order from another jurisdiction, provided the issuing court had jurisdiction and the defendant had reasonable notice and an opportunity to be heard.5Office of the Law Revision Counsel. 18 U.S. Code 2265 – Full Faith and Credit Given to Protection Orders The protected person does not need to register the order in the new state for it to be enforced there.
Federal law also makes it a separate crime to cross state lines with intent to violate a protective order. Under 18 U.S.C. § 2262, penalties run up to five years in federal prison for a violation without serious injury, ten years if serious bodily injury results, twenty years for permanent disfigurement or life-threatening injury, and up to life imprisonment if the victim dies.6Office of the Law Revision Counsel. 18 U.S. Code 2262 – Interstate Violation of Protection Order These federal penalties stack on top of any state contempt charges.