Criminal Protective Orders in Riverside County
There are two types of Criminal Protective Orders. Well, actually, there are three types. When you first go to court, there’s going to be the establishment of what’s called a criminal protective order on your first court date, which is going to be your arraignment. At your first court date – your arraignment – the court will, and they are mandated to do so, create (1) a ‘no contact criminal protective order,’ or, (2) a ‘no negative contact criminal protective order’.
No Contact Criminal Protective Order
The first protective order is a ‘no contact criminal protective order’. This protective order is severe. By order of the court, you can have no contact with that protected person. So you cannot see them. You cannot make a phone call. There can be no texts, no emails, no social media, no contact whatsoever. Additionally, you’re not allowed to have contact with them through a third party. And oftentimes, what this means is that the person who is subject to the criminal protective order must move out of their house. So they’ll go to court on that day, get a no contact order and they cannot go home. It can be shocking! They must figure out where to live. And that complicates cases significantly for the accused as to where they’re going to go. Even though they still have to pay rent or the mortgage, they can no longer live there because the protected person is there.
No Negative Contact Order
The second type of criminal protective order is called a ‘no negative contact order’. This is a less-severe protective order that means you can still live together, but you cannot argue or fight. And if there is ever an argument, the protected person doesn’t need to do anything, but the person is subject to the order, has a duty and a legal obligation to leave or walk away from that situation. Moreover, if law enforcement is contacted and they come to the house or where you are, and they see that you have either one of these two types of protective orders, you will be arrested for either having contact with them, or somehow or another being in an argument with a no negative contact order.
These protective orders are established in the first — generally the first — court date. And that first court date in your domestic violence case is exceptionally important because of that. So if you walk into that first court date unprepared, you may not be going home that particular day and have to find another place to live.
Emergency Protective Order
Another sort of criminal protective order is called an ’emergency protective order’. And that’s generally given to the victims of the crime by law enforcement that night. Generally, an emergency protective order’ will after three days. And then, after that three day period, the victim can go to court and request a TRO – a ‘temporary restraining order’. Ultimately that would lead to a restraining order hearing. The emergency protective order, if the victim wants one, plain and simply, they would get one from law enforcement that night. And if the person bales out of jail is released from jail, they cannot go home until that emergency protective order has lapsed – expired – after three days.