Criminal Protective Orders

A Criminal Protective Order (“CPO”) is an order a judge makes to protect a witness to, or victim of, a crime. Such persons are referred to as “Protected Persons.” Such orders are routinely issued in cases involving domestic violence.
 

There are two general types of CPOs. A CPO may require a defendant to stay away from, and have no contact with, a Protected Person. These are called “No Contact” orders. Alternatively, a CPO may permit contact between a defendant and the Protected Person, but only if that contact is peaceful in every way. These are called “Peaceful Contact” orders. A judge can modify a CPO in many other ways, however, in order for it to address specific issues in a particular case.
 

A judge will decide whether to issue a No Contact CPO or a Peaceful Contact CPO when a defendant appears in court for the first time. A Protected Person may provide input regarding the CPO at that time.
 

A defendant will be given a copy of the CPO while in court.
 

The deputy will provide a copy of the CPO to the Protected Person if he or she is in court. If the Protected Person is not in court, he or she can request a copy from the District Attorney’s Office .
 

The CPO is entered into state-wide database accessible by law enforcement personnel within one business day of its issuance.
 

If a defendant violates a CPO, the Protected Person should contact law enforcement personnel immediately. Violation of a CPO is a crime subject to a jail sentence of up to one year. Under certain circumstances repeated violations can lead to felony charges.
 

• For pending cases, the Protected Person should contact the Victim’s Services Unit of the District Attorney’s Office at (408)295-2656.
• For completed cases and the Defendant is on formal probation, the Protected Person should contact the Adult Probation public line at (408)435-2000.
• For completed cases and the Defendant is NOT formal probation, the Protected Person should contact the District Attorney’s Office at (408)295-2656.

CPOs and Civil Restraining Orders are not the same. More information on this subject is available in information flyer CR 6000 .
 

Courts follow certain rules to resolve conflicts between CPOs and Civil Restraining Orders. More information on this subject is available in information flyer CR 6000 .