A criminal protective order in California is a directive issued by a criminal court under Penal Code 136.2 that shields a victim or witness from a defendant in a pending or resolved criminal case.1California Legislative Information. California Penal Code PEN 136.2 It becomes a binding condition of the defendant’s release, probation, or sentence. Violating it is a separate crime that can carry jail or prison time on top of whatever the underlying case brings.
The prosecutor or the judge sets one in motion. The defendant has no say in whether it’s requested, and the protected person doesn’t need to file anything.
What the Order Restricts
The exact terms vary, but judges draw from the same menu under Penal Code 136.2.
No Contact and Stay-Away Distance
The court can prohibit all communication with the protected person, direct or indirect. That includes messages passed through a friend, a family member, or a social media account.1California Legislative Information. California Penal Code PEN 136.2 The one exception the statute contemplates is contact through an attorney, on whatever conditions the judge sets.
Judges also set a physical stay-away distance, commonly 100 yards from the protected person’s home, workplace, vehicle, and school. That distance applies whether or not the protected person happens to be there.
Firearms
The firearms prohibition is not optional. Anyone subject to a CPO must relinquish every firearm they own or possess, turning them over to law enforcement or a licensed dealer.1California Legislative Information. California Penal Code PEN 136.2 Buying, receiving, or attempting to acquire a firearm while the order is active is a separate offense under Penal Code 29825. This lasts the full life of the order, not just the pretrial phase.
Electronic Monitoring
In some cases the court can require GPS monitoring as a condition of the order. This is available only in counties that have adopted a local policy authorizing it and have the sheriff’s or chief probation officer’s agreement.1California Legislative Information. California Penal Code PEN 136.2 If the defendant can afford it, the defendant pays; if not, the local government does. Electronic monitoring is capped at one year from the date the order is issued, regardless of how long the CPO itself lasts.
How Long It Lasts
A CPO issued while a case is pending typically stays in force until sentencing or final resolution.
The longer-lasting version comes at sentencing. Penal Code 136.2(i) requires the sentencing judge to consider a post-conviction protective order when the defendant is convicted of domestic violence, human trafficking, sexual assault, a gang-related offense, or any crime requiring sex offender registration.1California Legislative Information. California Penal Code PEN 136.2 These orders can last up to ten years from sentencing and apply whether the defendant goes to state prison, county jail, mandatory supervision, or probation.
In setting the length, the court weighs the seriousness of the offense, the likelihood of future violations, and the safety of the victim and their immediate family. A single misdemeanor domestic battery may draw a shorter order; a documented pattern of violence or stalking is more likely to draw the full ten years.
How a CPO Differs from a Family Court Restraining Order
People routinely mix these up. A criminal protective order comes out of the criminal court, attached to a criminal case, and the prosecutor or judge drives it. A domestic violence restraining order (DVRO) is filed by the victim in family court and stands independently, even when no one has been arrested or charged.
A person can hold both at once. When they conflict, the CPO generally controls because it carries the authority of the criminal court.1California Legislative Information. California Penal Code PEN 136.2
The trap for defendants is custody. A family court may issue a visitation or custody order that requires the defendant to appear for exchanges, while the criminal court’s CPO forbids all contact. Following the family court order in that situation still exposes the defendant to arrest for violating the CPO.
Under Rule 5.445, the criminal court can modify the CPO after consulting with the family court.2Judicial Branch of California. California Rules of Court Rule 5.445 – Court Communication Protocol for Domestic Violence and Child Custody The safe path is to petition the criminal court to carve out a custody exception before acting on anything from family court that seems to conflict.
Penalties for Violating the Order
Knowingly violating a CPO is prosecuted under Penal Code 166 as contempt of court, separate from the underlying case. The penalty structure escalates by circumstance.
- A standard violation is a misdemeanor punishable by up to one year in county jail, a fine of up to $1,000, or both.3California Legislative Information. California Penal Code PEN 166
- A violation causing physical injury carries a mandatory minimum of 48 hours in county jail, imposed on top of any other sentence. The judge cannot suspend it.3California Legislative Information. California Penal Code PEN 166
- A second or subsequent violation within seven years that involves violence or a credible threat is a wobbler, chargeable as a misdemeanor or a felony. A felony conviction carries 16 months, two years, or three years in state prison.3California Legislative Information. California Penal Code PEN 166
Those penalties apply to CPOs under Penal Code 136.2. Violations of family court restraining orders are handled under Penal Code 273.6, which has its own structure.4California Legislative Information. California Penal Code PEN 273.6
Enforcement Across State Lines
A California CPO doesn’t lose force at the border. Under 18 U.S.C. § 2265, every state, tribe, and territory must give full faith and credit to a valid protective order from another jurisdiction and enforce it as if they had issued it themselves, so long as the issuing court had jurisdiction and the defendant received reasonable notice and a chance to be heard.5Office of the Law Revision Counsel. 18 U.S. Code 2265 – Full Faith and Credit Given to Protection Orders The protected person does not need to register the order first.
Federal law also treats crossing state lines with intent to violate a protective order as a separate crime. Under 18 U.S.C. § 2262, penalties run from up to five years in federal prison for a violation without serious injury, to ten years if serious bodily injury results, to twenty years for permanent disfigurement or life-threatening injury, and up to life if the victim dies.6Office of the Law Revision Counsel. 18 U.S. Code 2262 – Interstate Violation of Protection Order Federal charges stack on top of any state contempt charges.
Modifying or Ending the Order
This is where most of the confusion sits: the protected person cannot drop the order by calling the clerk or telling police they’ve changed their mind. The order belongs to the court, not the victim. Only the criminal court that issued it can change or end it.
The defendant, the protected person, or the district attorney can file a motion to modify. Common requests include allowing peaceful contact for child custody exchanges or reducing the stay-away distance. The judge holds a hearing and looks at whether both parties agree, whether the defendant has complied with the existing order, whether any court-ordered counseling has been completed, and whether any new incidents have occurred. Until the court signs a new order, the original stays fully enforceable.
For post-conviction orders, the sentencing court keeps authority to modify throughout the order’s full duration, even after the defendant finishes probation or parole.1California Legislative Information. California Penal Code PEN 136.2
Consequences Beyond the Criminal Case
An active CPO shows up in the California Restraining and Protective Order System, which any peace officer in the state can check on the spot.7Judicial Branch of California. California Courts Protective Order Registry Any arrest during the order’s life triggers an immediate check, and officers who find an active order will look at whether the defendant is complying with its terms.
The firearms bar alone can reshape a working life. Jobs that require carrying a weapon — law enforcement, security work, military service — collide with the order immediately. Positions requiring a security clearance can be jeopardized by an active domestic violence order. Because protective orders are public records, they can also surface in routine pre-employment background checks, raising questions for roles unrelated to weapons.
Anyone served with a CPO should read the terms carefully, treat every restriction as active from the moment of service, and take any question about scope, custody exchanges, or firearms surrender to counsel before acting. The order runs on its own terms, not on what feels reasonable in the moment.