Los Angeles Criminal Protective Order
A Criminal Protective Order (CPO) is a court order issued in a criminal case, most often one involving alleged domestic violence, stalking, or other interpersonal offenses, to safeguard the alleged victim (the “protected person”) from future harm. A Los Angeles criminal protective order is governed by California Penal Code § 136.2, which allows the judge to require the accused (the “restrained person”) to stay away from, refrain from all contact with, surrender firearms to, and comply with any other terms the court believes are necessary for the person's safety.
A CPO is criminal, meaning it is directly tied to the criminal prosecution and is an essential part of the Los Angeles criminal process. Violation can lead to new misdemeanor or felony charges, additional jail time, harsher sentencing in the underlying case, or revocation of bail.
What Is a Los Angeles Criminal Protective Order?Los Angeles criminal protective orders are generally issued by a judge at the first appearance, typically during the arraignment. Prosecutors routinely request them whenever the facts suggest:
- Alleged violence or credible threats of violence
- A family, dating, or cohabitant relationship between the parties
- Prior police calls, 911 recordings, or medical reports indicating risk
- Firearms in the home or prior weapons use
- Witness intimidation concerns
- Ongoing contact that could escalate the conflict
The default stance from the District Attorney’s Office is “better safe than sorry;” however, that presumption can be challenged with the proper evidence and advocacy.
Types of Los Angeles Protective Orders You Should KnowWhile the terms “restraining order” and “criminal protective order” are often used interchangeably, California recognizes several distinct tools:
- Emergency Protective Order (EPO). Issued by an on-call judge at the request of law enforcement, usually at the scene of an incident. Lasts 5–7 days to provide immediate protection until the court is open
- Temporary Restraining Order (TRO) in civil or family court. Often accompanies a Domestic Violence Restraining Order (DVRO) petition. Sets short-term limits until a full hearing can be held
- Criminal Protective Order (CPO). Tied to the criminal case number. Can last for the life of the case and in some situations up to 10 years after sentencing
Understanding which order applies and whether multiple orders overlap is critical when crafting a defense or compliance strategy.
Standard Terms and Restrictions in Los Angeles Criminal Protective OrdersEvery Los Angeles CPO is unique, but typical conditions include:
- No personal, electronic, or third-party contact with the protected person
- A stay-away radius (often 100–300 yards) from the person’s home, job, vehicle, or school
- Orders not to “harass, strike, threaten, assault, stalk, or disturb the peace” of the protected person
- Immediate surrender of all firearms and ammunition to law enforcement or a licensed dealer
- A requirement to move out of a shared residence within a specified time
- Compliance with any existing family-court custody or visitation orders
Even an innocent, accidental encounter, such as running into the protected person in a grocery store or liking a social media post, can be treated as a violation under a criminal protective order if not handled correctly.
How a Los Angeles Criminal Protective Order Can Impact Your LifeBeyond the obvious restriction on contact, a criminal protective order in Los Angeles can cause serious collateral consequences:
- Housing instability. A stay-away order from your own home can force you to find, and pay for, new lodging overnight.
- Employment risk. Specific jobs (law enforcement, security, military) require the legal right to carry a firearm; surrendering guns can jeopardize employment.
- Immigration exposure. Even a misdemeanor protective-order violation can flag you as a deportation priority under federal regulations.
- Child-custody complications. Family Court judges often defer to Criminal Court orders; a CPO can upend existing visitation or custody schedules.
- Professional licensing issues. Teachers, nurses, real estate agents, and other licensees are required to report criminal restraining orders to their respective boards.
Because these ripple effects extend far beyond the courtroom, early and proactive defense is essential.
Practical Strategies to Fight or Modify a Criminal Protective Order in Los AngelesAt Kraut Law Group Criminal & DUI Lawyers, we build a tailored plan that may involve:
- Rapid Investigation. Interviewing witnesses, collecting texts, emails, social-media messages, and surveillance video to show that the protected person is not in fear or that the incident was mutual or fabricated.
- Victim Support & Input. Many alleged victims prefer a peaceful-contact order rather than a full stay-away. We help them communicate that preference to the court without risking claims of intimidation.
- Character Evidence & Mitigation. Presenting certificates of completion from anger-management or substance-abuse programs, proof of counseling, or community ties to demonstrate low risk.
- Legal Argument. Challenging the prosecutor’s factual basis, pointing out inconsistencies in police reports, and arguing that less-restrictive alternatives can protect the community.
- Firearm-Relief Petitions. Where a livelihood depends on carrying a gun, we petition for narrow carve-outs, for example, permission to possess duty weapons at work under strict storage conditions.
- Modification Motions. Even after a full CPO issues, the court can revisit conditions at any pre-trial setting. New facts, counseling progress, or the passage of time without incident can justify a change.
Steps to Take If You’ve Been Served with a Los Angeles Criminal Protective Order- Read every line carefully. Ignorance of a clause is not a defense.
- Store digital and paper copies on your phone and in your car to avoid inadvertent violations.
- Change passwords on shared accounts to avoid allegations of cybercontact.
- Log all interactions with the protected person, even if they initiate contact.
- Consult an attorney before responding to any outreach from the protected person, law enforcement, or the prosecutor.
- Follow firearm procedures exactly, and an illegal transfer or late surrender can trigger felony charges.
Frequently Asked Questions About Criminal Protective Orders in Los AngelesQ: “How long does a Criminal Protective Order last?”
A CPO can remain in effect for the duration of the criminal case and, if the defendant is convicted, for up to 10 years after sentencing in domestic-violence matters.
Q: “Can the protected person drop the order?”
No. Only the judge can modify or terminate a CPO. The protected person’s wishes are important, but not controlling.
Q: “What happens if the protected person contacts me first?”
The order restrains you, not them. If you respond, you risk arrest. Instead, document the contact and notify your attorney immediately.
Q: “Can I travel out of state while a CPO is pending?”
Usually yes, but you must still obey the order’s distance and contact restrictions. Some judges require notice or approval for extended travel.
Q: “Will a CPO show up on background checks?”
Yes. Protective orders are entered into CLETS (California Law Enforcement Telecommunications System) and often appear in commercial background databases.
Why Choose Kraut Law Group Criminal & DUI Lawyers for Your CPO Defense- Former Senior Prosecutor's Insight. Founding attorney Michael E. Kraut spent over 14 years inside the Los Angeles County District Attorney’s Office. He understands exactly how prosecutors build their protective-order cases and how to dismantle them.
- Harvard Law School Training. Our academic foundation ensures rigorous legal research, persuasive writing, and trial-ready preparation.
- Proven Results. From complete dismissals to strategic modifications, we have secured favorable outcomes for hundreds of clients facing CPOs.
- 24/7 Accessibility. Protective-order emergencies can arise at any hour. We answer calls day and night, ready to protect your rights.
- Holistic Approach. We coordinate with family law counsel, immigration specialists, and mental health professionals to minimize collateral damage and position you for the best possible future.
When your home, your family, and your freedom are on the line, you deserve a defense team that combines prosecutorial insight with relentless advocacy.
Contact Kraut Law Group for Help with Protective Orders in Los Angeles If you or a loved one has been investigated, accused, or arrested for domestic violence or has been served with a domestic violence protective order, you must meet with a skilled domestic violence attorney immediately. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Michael Kraut understands the implications of protective orders and works diligently to ensure his clients receive the most comprehensive defense possible.
For more information about domestic violence protective orders and criminal protective orders, and to schedule your free consultation, contact Kraut Law Group Criminal & DUI Lawyers, Inc. 24/7 at (323) 464-6453 or through our secure online contact form.
Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.