This is an official California Judicial Council form dealing with criminal matters. It may be used for criminal issues in California courts. Enter the information as indicated on the form and file with the court as appropriate.
Title: Understanding the Huntington Beach California Notice of Termination of Protective Order in Criminal Proceeding Keywords: Huntington Beach California, Notice of Termination, Protective Order, Criminal Proceeding, LETS, Penal Code Sec. 136.2, Penal Code Sec. 166, Penal Code Sec. 1203.097 a2 Introduction: In Huntington Beach, California, individuals involved in criminal proceedings may become subject to protective orders as part of the legal process. These orders aim to ensure the safety and well-being of victims or witnesses by restraining the alleged perpetrator from contacting or approaching them. However, in certain situations, these protective orders can be terminated under the relevant sections of the California Penal Code. Types of Huntington Beach California Notice of Termination of Protective Order: 1. Notice of Termination under Penal Code Section 136.2: Penal Code Section 136.2 allows for the termination of protective orders issued during a criminal proceeding. This provision permits the court, upon a motion by the protected person or the accused's attorney, to terminate or modify the protective order. The court evaluates various factors before granting such termination, including the safety of the protected person. 2. Notice of Termination under Penal Code Section 166: Penal Code Section 166 pertains to the violation of court orders. In some cases, an accused party may request the termination of a protective order by proving that they have not violated any of its terms. Additionally, a Notice of Termination can be issued if the protected person no longer feels endangered or if circumstances have changed since the order's issuance. 3. Notice of Termination under Penal Code Section 1203.097 a2: Penal Code Section 1203.097 a2 addresses the termination of protective orders as part of probationary conditions. If an individual successfully completes their probation period without any subsequent criminal behavior or violations of the protective order, they may be eligible to petition for a Notice of Termination. The court will assess the petitioner's behavior and compliance with the conditions outlined in the order. Procedure for Filing a Notice of Termination: 1. Consultation with an Attorney: To ensure a smooth and successful termination process, it is advisable to consult with an experienced attorney in Huntington Beach, California, specializing in criminal law. The attorney can guide you through the intricacies of the relevant Penal Code sections and represent your interests effectively. 2. Gathering Evidence: When filing a Notice of Termination, it is essential to gather supporting evidence to demonstrate the changed circumstances or compliance with probationary conditions. Documentation, witness statements, or any other relevant material should be obtained and organized to strengthen your case. 3. Filing the Motion: Your attorney will help you draft a motion for termination and file it with the court. The motion should include a detailed and persuasive argument explaining why the protective order should be terminated based on the applicable Penal Code section. 4. Attending the Hearing: After the motion has been filed, a hearing will be scheduled. At the hearing, both parties will have an opportunity to present their arguments, evidence, and witnesses. The court will consider all relevant factors, such as the safety of the protected person, compliance with probation, and the petitioner's behavior, before rendering a decision. Conclusion: Huntington Beach, California, provides provisions under Penal Code Sec. 136.2, 166, and 1203.097 a2 for the termination of protective orders in criminal proceedings. Those seeking to terminate a protective order should understand the specific requirements outlined in each section. Additionally, having legal representation and gathering compelling evidence are crucial steps in achieving a successful outcome. Always consult with an attorney to ensure that your rights are protected throughout the termination process.
