Practice area – Criminal Protective Orders
Facing a Criminal Protective Order (CPO) in Riverside County?
CPOs issued in criminal DV cases carry their own consequences – separate from any civil restraining order. They can last up to 10 years.
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What you’re facing
Criminal Protective Orders are issued under PC 136.2 (during a pending case) or PC 1203.097 (as a probation term). They can require no contact, peaceful contact only, stay-away conditions, or other restrictions. Violation is a separate crime – PC 166 (contempt) or PC 273.6 (RO violation), each carrying up to 1 year jail. CPOs survive the underlying case in many situations. PC 1203.097 CPOs can last up to 10 years. They affect gun rights, custody, and immigration.
Defenses I build
CPO defense focuses on terms, scope, and duration. I argue for peaceful-contact-only rather than no-contact when families need to coordinate. I push back on overly broad terms – distance requirements, third-party contact restrictions, workplace restrictions. I file modification motions when circumstances change. I help clients understand exactly what the order prohibits to avoid inadvertent violations. When a CPO is being imposed at sentencing, the negotiation around its terms is often more important than the underlying conviction terms.
CPO Case Results
Charged With
Case result available on consultation
Outcome
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CPO Defense – Riverside Co.
Charged With
Assault w/ Deadly Weapon + Great Bodily Injury
Outcome
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CPO Defense – Riverside Co.
Charged With
Take-Over Robbery, Kidnapping, 3 Strikes – Multiple life counts
Outcome
12 Years
CPO Defense – Riverside Co.
Charged With
Case result available on consultation
Outcome
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CPO Defense – Riverside Co.
Charged With
Case result available on consultation
Outcome
12 Years
CPO Defense – Riverside Co.
Charged With
ADW + Robbery + GBI + Gang Affiliation
Outcome
NOT GUILTY
CPO Defense – Riverside Co.
Charged With
Attempted Murder – Facing 7 yrs to Life
Outcome
Misdemeanor, Time Served
CPO Defense – Riverside Co.
Common Questions
What is the difference between a CPO and a civil restraining order?
California defines violent crimes broadly: murder and attempted murder, assault and assault with a deadly weapon (Penal Code 245), robbery and armed robbery, kidnapping, criminal threats, and any offense resulting in great bodily injury. Many include gang or firearm enhancements that stack additional years on top of the base sentence. Most are also Strike Offenses, meaning the conviction follows you for life and doubles your exposure on any future felony.
How long does a CPO last?
PC 136.2 CPOs typically last for the duration of the criminal case – until dismissal, acquittal, or sentencing. PC 1203.097 CPOs (imposed as a probation condition) can last up to 10 years for DV cases. They survive the completion of the underlying criminal sentence. Some CPOs can also be extended at the courts discretion based on continued risk.
Can a CPO be modified to allow contact?
Yes, in many cases. Modification motions can convert a no-contact CPO to peaceful-contact-only, narrow distance requirements, create workplace or school exceptions, and allow communication for legal proceedings or child custody coordination. Modification requires showing changed circumstances or that the original terms were overly broad. Most CPOs are negotiable – the question is timing and basis for the modification.
Types of CPOs and Related Orders
Criminal Protective Orders come in several forms with different statutory bases and durations:
PC 136.2 Pretrial CPO
Issued during a pending criminal case. Lasts through case completion.
PC 1203.097 Probation CPO
Imposed as a probation condition. Up to 10 years for DV cases.
No-Contact CPO
Complete prohibition on contact – direct, indirect, electronic.
Peaceful-Contact CPO
Allows non-threatening contact for family or business needs.
Stay-Away CPO
Distance requirement – typically 100-300 yards from victim and victim residence.
Modification Motion
Petition to narrow or change terms of an existing CPO.
Termination Motion
Petition to end a CPO early based on changed circumstances.
Violation Consequences
PC 166 contempt or PC 273.6 RO violation. Up to 1 year per violation.
Why CPO Terms Matter More Than the Order Itself
The CPO label is often less important than its specific terms. The terms determine what your daily life looks like for the duration of the order:
- Peaceful-contact CPOs preserve family relationships and custody coordination
- Stay-away terms can affect employment, housing, and education
- Third-party contact restrictions can include even mutual friends or family
- Workplace exceptions (for shared workplaces) require specific carve-outs
- Communication exceptions for legal proceedings need explicit allowance
Negotiating CPO terms at the front end is far easier than modifying them later. The terms determine what your daily life looks like for the duration of the order. Defense work at arraignment and sentencing makes the difference.
