Can a Criminal Protective Order Be Changed or Dropped?

A criminal protective order can only be changed or ended by the court. The protected person cannot drop it, and neither can the prosecutor acting alone. Penal Code 136.2 lets the issuing court modify the order while it is in effect, and the realistic request is a change from no contact to peaceful contact.

The Law Offices of William W. Bruzzo makes these requests in Orange County courtrooms regularly.

Who Can Change a Criminal Protective Order in California?

Only the court that issued a criminal protective order can change it. Penal Code 136.2 gives the issuing court authority to modify the order throughout its duration.

A criminal protective order is issued inside the criminal case and is separate from any civil restraining order the other side may file. If the protected person wants it lifted, their position is information the judge and prosecutor may weigh. It is not a decision they control, and a call from them to the district attorney will not end the order.

How Do You Request a Criminal Protective Order Modification?

A criminal protective order modification is requested in court, on the record, through your attorney. It asks the judge to change the terms rather than erase the order.

The most common request moves a no-contact order to one allowing peaceful contact, which can let a defendant return home while the case is open. A pretrial order stays in effect until further order of the court, and terminating one requires a separate Judicial Council form, CR-165, filed by the court.

Can Contacting the Protected Person Lead to New Charges?

Contacting the protected person can absolutely lead to new charges, and it is the most common way a defendant turns one case into two.

Violating the order is separately prosecutable under Penal Code 166. Beyond that, asking the protected person to change their account, skip a court date, or approach the prosecutor on your behalf can be charged as dissuading a witness under Penal Code 136.1. Either one is a more serious problem than the domestic violence charge you started with. If you want the order changed, the request goes through your attorney and into the courtroom.

How Long Does a Criminal Protective Order Last in California?

A criminal protective order in California lasts anywhere from the life of the case to 15 years, depending on the statute it was issued under.

• A pretrial order remains in effect until further order of the court
• If the order lists no expiration date, it expires three years from issuance
• Orders under Penal Code 136.2(i)(1), 368(l) and 646.9(k) may run up to 10 years
• Orders under Penal Code 273.5(j) may run up to 15 years

The criminal protective order form itself shows which statute the judge checked, and that box decides which range applies to you. These orders also carry a firearm prohibition, and possessing a firearm while subject to one is a crime under Penal Code 29825.

Ask an Orange County Criminal Defense Lawyer to Bring the Request

If a protective order is keeping you out of your home, the request has to be made properly and in court. Call the Law Offices of William W. Bruzzo at (714) 547-4636 or contact us online for a free consultation.