A criminal protective order in California can last anywhere from a few days to 15 years. How long yours lasts depends on which kind of order the court issued and, for orders entered at sentencing, what the underlying conviction was. Emergency orders expire within about a week. Orders issued while a criminal case is pending last until the case ends. Post-conviction orders reach up to 10 years for most qualifying offenses and up to 15 years for certain domestic violence convictions.
Emergency Protective Orders Expire in Days
An emergency protective order is the shortest kind. A responding officer can call a judge, who is available around the clock, and get one authorized on the spot when there is an immediate danger to a victim.1California Courts. Guide to Protective Orders
Under California Family Code 6256, the order expires at whichever comes first: the close of business on the fifth court day after issuance, or the seventh calendar day.2California Legislative Information. California Family Code FAM 6256 Weekends and court holidays change the math. Anyone who needs continued protection has to pursue a longer-term order before that short window closes.
Pre-Trial Orders Last as Long as the Case
Once charges are filed, the court can issue a protective order under Penal Code 136.2 that runs through the criminal case. These usually come down at arraignment and stay in effect through every stage of the proceedings.3California Legislative Information. California Penal Code PEN 136.2 – Orders Regarding Witnesses and Victims The court needs a good-cause belief that the victim or witness has been harmed or intimidated, or is reasonably likely to be.
There is no fixed calendar length. The order ends when the case ends, whether through dismissal, acquittal, or sentencing. A case that drags on for two years produces a two-year order. A case that resolves in a few weeks produces an order that dissolves just as quickly, unless the court replaces it with a new post-conviction order at sentencing.
Post-Conviction Orders: 10 Years or 15 Years
Post-conviction orders carry the longest durations, and this is what most people are asking about. They are issued at sentencing, and the maximum length depends on the crime of conviction.
For most qualifying offenses, Penal Code 136.2(i)(1) authorizes an order of up to 10 years. This covers convictions involving domestic violence, human trafficking, sexual assault, gang-related crimes, and offenses that require sex-offender registration.3California Legislative Information. California Penal Code PEN 136.2 – Orders Regarding Witnesses and Victims The judge sets the exact length after weighing the seriousness of the offense, the likelihood of future violations, and the safety of the victim and their immediate family. Not every qualifying case draws the full 10 years; some orders run three, five, or seven.
Convictions under Penal Code 273.5, which covers inflicting corporal injury on a spouse, cohabitant, or co-parent, are the exception on the high end. For those, the court can issue a protective order lasting up to 15 years.4California Legislative Information. California Penal Code PEN 273.5 That five-year difference is easy to miss and matters a lot when estimating how long the order will remain in force.
The Clock Does Not Pause During Incarceration
A post-conviction CPO can be issued whether the defendant is sent to state prison, county jail, probation, or mandatory supervision.3California Legislative Information. California Penal Code PEN 136.2 – Orders Regarding Witnesses and Victims The order does not pause while the defendant is in custody. The clock runs from the date of issuance, so a 10-year order issued at sentencing expires 10 years later, even if part of that time was spent locked up.
For anyone trying to calculate a real-world expiration date, the number to look at is the issuance date printed on the order, not the release date.
Shortening or Ending an Order Early
A post-conviction CPO can be modified by the sentencing court in the county where it was issued, at any point during its duration.3California Legislative Information. California Penal Code PEN 136.2 – Orders Regarding Witnesses and Victims Modification can loosen the terms, for example allowing limited contact for custody exchanges, or tighten them if new threats arise. The restrained person, the protected person, or the prosecuting attorney can ask the court to make a change.
An order can also be terminated before its expiration date. Either party files a request, and the court holds a hearing. The question the judge weighs is whether the order is still necessary for the victim’s safety. Time without incident helps the argument, but on its own it may not be enough, particularly when the original offense was severe. Modification is not automatic. Whoever asks for the change has to show that circumstances have genuinely shifted.
Extending a Post-Conviction Order
Penal Code 136.2 does not spell out a mechanism for extending a post-conviction CPO past its original term the way civil restraining orders can be renewed. If the expiration date is approaching and the victim still has safety concerns, a civil restraining order is often the more reliable path to continued protection.
What Happens When the Order Expires
On the expiration date printed on the order, the restrained person is no longer bound by its restrictions. Both sides should confirm that exact date, because miscounting cuts both ways: a false sense of security for the protected person, or an unnecessary arrest for the restrained person who assumed the order had already ended.
If safety concerns remain, the person who was protected by the CPO can seek a civil restraining order in a separate court process. A civil order is filed by the person seeking protection rather than by the prosecutor.5California Courts. Civil Harassment Restraining Orders in California Domestic violence restraining orders last up to five years and can be renewed. Civil harassment restraining orders last up to three years. Eligibility rules differ from a CPO, but either can bridge the gap when the criminal-court order runs out.