Has a criminal protective order been issued against you? If so, what is it and what does it mean? A criminal protective order is a court order that is issued in a criminal case. If such an order has been issued against you, you cannot contact or go near the protected person(s) in the order and you cannot have a gun.
“What if I violate the order?” If you decide to violate any part of the order, for example, if you try to see the protected person or if you contact him or her even though you’re barred from doing so, you can be arrested and sent to jail.
Can the Protected Person Cancel the Order?
Often, when protective orders are issued against people, especially those who committed an act of domestic violence, they’ll wonder, “Can the victim cancel the order on their own? Do they have the power to do that?” The answer is “no,” domestic violence victims cannot cancel a protective order; only a judge has that authority.
“What if the protected person decides to contact me? Can I answer them or respond?” No matter what the protected person says or does, you must follow the court’s order. Criminal protective orders do not apply to victims, nor do they say what they can and cannot do. The order only applies to the person who has a protective order against them.
“Are criminal protective orders still valid if I leave the state?” Yes, absolutely. Even if you leave California, the protective order will be valid in all 50 US states.
What if I Am Arrested?
If you are arrested for violating a protective order, you will be arraigned and you will have to stand before a judge. The judge will inform you of your charges, and if you are incarcerated, the arraignment will happen within 48-72 hours. However, if you are not jailed for some reason, it could take several weeks for the arraignment to take place.
Are you named in a criminal protective order and facing criminal charges? Contact the Law Office of Nabiel C. Ahmed for a free case evaluation.