How do I legally respond to a criminal protective order that has been served against me in California?
To legally respond to a criminal protective order, you must immediately comply with all its terms and attend the scheduled court hearing to present evidence and argue against it. You have the right to challenge the order in court, and it is highly recommended you do so with an attorney.
Here are the steps to respond to the order:
Step 1: Read the Order Immediately
Carefully review every page of the protective order. Pay close attention to who is protected, the stay-away distance (e.g., 100 yards), and the list of prohibited behaviors, which almost always includes no contact of any kind (phone, text, email, social media, third-party messages). Note the date, time, and location of your court hearing.
Step 2: Comply with All Terms
You must obey the order completely, even if you believe it is unfair. Failure to comply is a separate crime under California Penal Code 273.6. If the order requires you to move out of a shared home, do so immediately. The order will also require you to sell or store any firearms you own or possess and file a receipt with the court.
Step 3: Hire a Criminal Defense Attorney
A criminal protective order is part of a larger criminal case. An experienced attorney is essential to protect your rights. They can advise you, gather evidence, and represent you at the hearing to argue for terminating or modifying the order.
Step 4: Prepare for Your Court Hearing
Work with your attorney to gather evidence that supports your position. This may include text messages, emails, photographs, or a list of witnesses who can testify on your behalf. Your attorney will help prepare you and your evidence for the hearing.
Step 5: Attend the Hearing
You must appear at the court hearing listed on the order. If you do not attend, the judge will likely grant a permanent protective order (up to 10 years) without hearing your side. At the hearing, your attorney can cross-examine the protected person and present your case to the judge.
Important Considerations:
A criminal protective order (issued under Penal Code 136.2) is directly tied to a criminal case. Do not mistake it for a civil restraining order. Violating any term, no matter how small, can lead to your arrest and new criminal charges. The firearm prohibition under Penal Code 29825 is strict and has serious consequences.
Note:
Do not contact the protected person for any reason, even if they contact you first. Their invitation to communicate does not give you permission to violate a court order. Only the court can change or terminate the order.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Criminal Law
Criminal charges, court procedures, and defendant rights
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