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.

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.

While 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.

Every 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.

Beyond 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.

At 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.

• 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.

• 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.

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.