California Penal Code section 136.2 authorizes a judge in a criminal case to issue a criminal protective order (CPO) restricting a defendant’s contact with victims, witnesses, and their family members. The order is tied to the prosecution itself, takes effect while the case is pending, and can extend up to ten years past sentencing in certain cases. Violating it is a separate crime.
What the Statute Allows a Judge to Do
The law gives criminal courts broad authority to impose protective conditions on a defendant whenever someone connected to the case faces a risk of harm or intimidation. A judge can issue the order at any point in the proceedings, though it usually happens early, often at arraignment. The order remains in force at least through the conclusion of the case.
The threshold is a “good cause belief” that harm, intimidation, or pressure on a victim or witness has already occurred or is reasonably likely to occur. That is a much lower bar than the proof needed for a conviction. A judge can act on the court’s own initiative, at the prosecutor’s request, or when a victim or witness asks.
CPOs come up most often in domestic violence cases, but the statute is not limited to them. Stalking, child abuse, assault, gang-related prosecutions, and any case where a witness faces pressure can trigger one.
Who Can Be Named as a Protected Person
The order can protect the victim, any witnesses, and the immediate family or household members of either. Under the statute, “immediate family members” means the spouse, children, or parents of the victim or witness.
One provision surprises people: a child who was physically present during an act of domestic violence counts as a witness under the statute, even if the child was not the direct target. That child is legally deemed to have suffered harm for purposes of the order, so the court can include them as a protected party without additional proof of injury.
What a CPO Prohibits
Terms vary case by case. Most CPOs fall into one of two forms. A full no-contact order bars the defendant from any communication with the protected person except through an attorney. A peaceful-contact order prohibits only contact intended to harass, threaten, or harm. Which one the judge issues depends on the severity of the alleged conduct and the perceived level of risk.
Stay-Away Distances
Many orders require the defendant to keep a specified distance from the protected person’s home, workplace, school, and vehicle. Courts commonly set that distance at 100 yards, though the judge sets the actual number rather than the statute.
Firearm Surrender and Ban
Every defendant subject to a CPO under Penal Code 136.2 is prohibited from owning, possessing, buying, or receiving any firearm for the entire duration of the order. The court must also order the defendant to surrender any firearms already in their possession. This applies to all CPOs issued under the statute, not just domestic violence cases. Violating the firearms prohibition is a separate offense under Penal Code 29825, in addition to any consequences for violating the CPO itself.
Electronic Monitoring
If the local county has adopted a policy authorizing electronic monitoring, the court can order the defendant to wear a GPS device for up to one year. A defendant who can afford it will be ordered to pay for the monitoring.
How Long a CPO Stays in Effect
While the criminal case is active, the order lasts until the case concludes by dismissal, acquittal, or sentencing. It does not lapse between court dates.
After a conviction for domestic violence, human trafficking, certain sex offenses, or any crime requiring sex offender registration, the court must consider issuing a post-conviction protective order at sentencing. That order can last up to ten years. The sentencing court keeps authority to modify it throughout its duration.
When a CPO Conflicts with a Family or Civil Court Order
People in family court disputes sometimes end up with both a CPO and a civil restraining order or custody order covering the same parties. California’s priority rule is clear: the criminal protective order generally takes precedence over family and civil orders. The only exception is a newer emergency protective order, or a newer protective order from any court that contains a no-contact provision.
This matters in custody situations. If a family court order grants the defendant visitation with shared children, but the criminal court has issued a full no-contact order covering those same children, the CPO controls. Any exchange arrangement must comply with its terms. Orders that permit contact between a restrained person and their children must include provisions for safe exchange and cannot contradict a no-contact order from the criminal court.
Penalties for Violating a CPO
A willful and knowing violation is prosecuted under Penal Code 166 as contempt of court. Penalties escalate with the circumstances.
- Standard violation: a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both.
- Violation causing physical injury: a mandatory minimum of 48 hours in county jail, regardless of whether the court imposes a fine or suspends the remainder of the sentence.
- Repeat violation with violence or threats: a second or subsequent conviction within seven years involving an act of violence or a credible threat of violence can be charged as a felony, punishable by 16 months, two years, or three years in state prison.
Beyond the new charge, the court can revoke the defendant’s bail or modify probation on the original case. Prosecutors sometimes add charges under Penal Code 136.1 for witness or victim intimidation as a standalone offense.
Immigration Consequences for Non-Citizens
The immigration stakes for non-citizens are severe and run independently of whatever the criminal court decides. Under federal law, a non-citizen who violates a protective order involving credible threats of violence, repeated harassment, or bodily injury is deportable. This ground for removal does not require a felony conviction.
Separately, a conviction for a “crime of domestic violence” as defined by the Immigration and Nationality Act makes a non-citizen deportable. Federal law defines the category broadly: any crime of violence against a current or former spouse, cohabitant, co-parent, or person in a similar domestic relationship qualifies. A guilty plea to even a misdemeanor domestic violence charge underlying the CPO can trigger removal proceedings.
How the Order Is Enforced
Once issued, the CPO is transmitted to law enforcement within one business day and entered into the California Law Enforcement Telecommunications System (CLETS), the statewide database officers query during any encounter with the defendant. If the protected party provides their date of birth on the confidential CLETS form, the order also goes into the federal database, making it enforceable by officers outside California.
In practice, any officer who runs the defendant’s name during a traffic stop or a call for service will see the active order and its terms. A defendant found at the protected party’s home or workplace can be arrested on the spot, even if the protected party invited them there. The order binds the defendant, not the protected person. A victim’s invitation is not a legal defense to a violation.
Changing or Ending the Order
The issuing court has authority to modify, extend, or terminate the CPO. During the case, the defense can file a motion to change the terms, and the prosecutor or victim can oppose or support the request. A common scenario is a domestic violence victim asking for a full no-contact order to be downgraded to peaceful contact so the parties can communicate about children or shared finances.
The judge is not required to grant the request. Courts weigh the safety risk to the protected person against the defendant’s circumstances. If the order was issued post-conviction, the sentencing court in the county where it was originally issued keeps jurisdiction to modify it throughout its duration. Any change must be sent to the same law enforcement agency that entered the original order into CLETS, so the database reflects the current terms.