Rialto California Criminal Protective Order - Other Than Domestic Violence - CLETS-CPO - Penal Code, Sec. 136.2

State:
California
City:
Rialto
Control #:
CA-CR-161
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Protective Order in Criminal Proceeding: A Protective Order states that the Defendant of the criminal proceeding is to not have any harassing contact with the Plaintiff. Further, he is not to mentally or physically harm the Plaintiff, and normally may not come within a certain distance of the Plaintiff. If no date is listed, the Protective Order exprires after 3 years from the date of issuance.

The Rialto California Criminal Protective Order, Other Than Domestic Violence, falls under Penal Code, Section 136.2. This specific type of protective order aims to provide legal protection and safeguard victims or potential victims of criminal acts other than domestic violence. The order is issued by the court to prevent contact, harassment, threats, intimidation, or any form of harm from the named perpetrator towards the protected individual(s). The purpose of this order is to ensure the safety and well-being of individuals involved in criminal cases that do not involve domestic violence. It can be requested by the prosecutor, law enforcement agencies, or the victim themselves, depending on the circumstances. The order may also be issued during an ongoing criminal proceeding or after its conclusion, provided the court deems it necessary to protect the victim or potential victim. A Rialto California Criminal Protective Order — Other Than DomestiViolencenc— - CLETS-CPO — Penal Code, Sec. 136.2 can come in various types, depending on the specific needs of the case: 1. Emergency Protective Order (EPO): This is an immediate protective order that can be obtained by law enforcement officers without prior court approval. It aims to offer immediate protection to vulnerable individuals until a court hearing can be held. 2. Temporary Restraining Order (TO): This is a temporary protective order issued by the court after a hearing, granting protection until a full hearing can be conducted on the matter. 3. Permanent Restraining Order: This is a protective order issued by the court after a full hearing or trial. It provides long-term protection and can remain in effect for several years, depending on the severity of the case. 4. Criminal Protective Order as a Condition of Probation: In certain cases where the defendant is convicted of a crime, a criminal protective order may be imposed as part of their probation conditions. This order requires the defendant to stay away from the protected individual or individuals and adhere to any other restrictions deemed necessary by the court. It is important to note that the specifics of the Rialto California Criminal Protective Order — Other Than DomestiViolencenc— - CLETS-CPO — Penal Code, Sec. 136.2 can vary depending on the circumstances of each case. The court is responsible for evaluating the evidence and determining the appropriate level of protection needed for the involved parties.

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FAQ

A criminal protective order is requested by the district attorney bringing the criminal charges in a case. If a judge grants one, it can remain in effect for up to 10 years. A defendant that violates a CPO can face up to one year in jail.

A protection order may be varied, withdrawn or set aside if the complainant makes an application for variation or rescission, but only if the court is satisfied that the application is being made freely and voluntarily.

(CLETS?CPO)

What is a restraining/protective order under California law? Generally speaking, a restraining order is the same thing as a protective order under California law.

To remove a protective order, a person must freely and voluntarily request the modification by filing a petition with the clerk of the court that ordered the CPO. A court hearing will be set at least 10 days after the date of filing at which time both the protected and restrained person must appear.

The maximum length of a restraining order in California is five years. Often, the length of an order is shorter, lasting several years or even only a few months. If the restraining order against you had against you has expired and you did not violate it you can have the order expunged from your record.

In short, yes. If you are a person protected by a restraining order, you can apply to the court to have it discharged/revoked.

In most cases, a restraining order is public record in California. The sealing and expungement process is reserved for criminal cases, not civil records. Restraining orders can be considered either a criminal or civil court order, but one major commonality is the consequences.

Modifying a Restraining Order in California Either a protected person or restrained person may request to have the requirements of their CPO altered by filing a ?Petition for Modification of a Criminal Protective Order? with the court.

Temporary restraining orders usually last about 20 to 25 days, until the court hearing date. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a ?permanent? restraining order. They are not really ?permanent? because they usually last up to 5 years.

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Rialto California Criminal Protective Order - Other Than Domestic Violence - CLETS-CPO - Penal Code, Sec. 136.2