Modifying a Restraining Order in California Either a protected person or restrained person may request to have the requirements of their CPO altered by filing a "Petition for Modification of a Criminal Protective Order" with the court. We really appreciate it and we are happy that all turned out well. You should speak with a licensed attorney about your case. Code 851.90 Diversion or Deferred Entry of Judgment, Petition to Modify a Domestic Violence Protective Order, Petition to Terminate Probation and Order, Plea of Guilty . A criminal protective order (sometimes called a CPO) is an order a judge enters to protect either the victim of a crime or a witness to a crime.These persons are often referred to as protected persons.The orders protect the protected person from an aggressor, usually a defendant in a criminal case. At the time of the hearing, a judge will make the determination as to the requested modification. Filing: 1. Penal Code 12033(b)(1) requires a full five days of notice to the prosecutor if the request is to modify or terminate a protective order in a case involving domestic violence. : ATTORNEY FOR (Name) : Bar No. These include orders for: These orders can remain in effect for up to five years. Have someone (NOT you) serve the other party with a copy of your filed papers and a blankResponsive Declaration to Request for Order(Form FL-320) (and a blank Income and Expense Declaration (Form FL-150) if you filed Form FL-150 or FL-155). Minimize the risk of using outdated forms and eliminate rejected fillings. How Long After Being Molested Can You Press Charges in California? ", "Thanks for investing in my case. Keep this order with you at all times. In support of this request, I am providing the court with the following information (attach separate page if necessary):____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ____________________________________________________________________________________. Does the victim know who to call if a problem arises? 1. File the Proof of service with the clerk. Definitely recommend! Modification or Termination of a Criminal Protective Order? It is your new restraining order. Most jurisdictions have two main types of CPOs. Another Protective Order, Restraining Order or Child Custody Order is in effect and was issued by: ____________________________________________________________. (2) I am freely and voluntarily asking the court to modify the Protective Order terms ordered on the above-named defendant whose address is: ___________________________________________________________________________. by your side so you dont have to face the DA alone. 174 0 obj <> endobj Application For Order To Modify And Or Terminate Criminal Protective Order California/Local County/Madera County/Criminal Checklist For Undertaking California/Local County/Madera County/Criminal . Your intensity and interest helped a lot.". While the former prohibits any contact between the protected person and the aggressor, the latter allows for peaceful contact between the parties. Copyright 2023 Shouse Law Group, A.P.C. (1) Use of transfer provisions. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. A Criminal Protective Order ("CPO") is an order a judge makes to protect a witness to, or victim of, a crime. Is defendants family or friends also in court to pressure the victim? Have your forms reviewed. Keeping to the terms of an absolute no-contact CPO could be difficult for the restrained person, especially if they and the protected person share a home or have minor children. On this form, you will be asked which conditions of the protective order you wish to modify. Date: 4 (Type or print name) 4 (Signature of Petitioner) NOTICE: After this form is properly filed, this case will be scheduled for a hearing. : E-Mail address (optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE JUSTICE CENTER: Central - 700 Civic Center Dr. West, Santa Ana, CA 92701 Harbor-Newport Beach - 4601 Jamboree Rd., Newport Beach, CA 92660 Harbor-Laguna Niguel - 30143 Crown Valley Pkwy., Laguna Niguel, CA 92677 North - 1275 N. Berkeley Ave., P. O. All initial consultations are free. This is known as acriminal protective order (CPO). In support of this request, I am providing a copy of a current progress report from the courtordered program (circle all that apply): Domestic Violence / Batterer's Treatment / Child Abuser / Drug and Alcohol. If your courts family law facilitator or self-help center helps people with restraining order issues, ask them to review your paperwork. Some things that can be changed are: Also fill out any of the following forms that apply to your case (you can also just fill out the same forms the other side filled out): If the other side asked to change the child support orders, fill out: If the other side asked to change the spousal or partner support orders (or orders about your finances), fill out: 3. To protect the victims and give them a sense of safety while the trial is ongoing, the court can make an order to prevent the accused person from contacting them. Page 1 of form L-402-"Information and Instructions to Petition the Court to Modify the Protective Order", contains instructions that will guide you if you feel that there's need to increase or decrease the terms of the restraining order. If possible, have your courts family law facilitator or self-help center review it to make sure it was filled out properly. Has defendant taken any parenting classes? (1) I am the defendant named on the protective order in the above-entitled case. Note that these penalties are in addition to any other penalties that a criminal defendant may face if convicted of another crime. I am the parent or guardian of the protected person(s) named on the protective order in the above-entitled case. Some, though, will only be valid for months or even days. Note too that these orders can last up to 10 years and a violation can occur at any time during the length of the order. A Peaceful Contact CPO says that the protected person and the defendant may come into contact with one another, but only if the contact is peaceful. Defendant: PETITION FOR MODIFICATION OF PROTECTIVE ORDER IN CRIMINAL PROCEEDING- DOMESTIC VIOLENCE CASE AND REQUEST FOR HEARING Case Number: 1. They prevent a specific person from harassing, abusing, stalking, or threatening another person. For instance, where there is a criminal domestic violence case and a divorce petition going on between the same parties in two separate courts, the family court hearing the divorce case could grant a restraining order at the behest of the domestic violence victim (spouse) even though the DA has already obtained a CPO in the criminal trial. Restraining orders are issued by a civil court and prevent a specific person from, These orders are sometimes referred to as, The party that is protected in the order is known as the protected person. The other party (e.g., the abuser) is known as the restrained person.. It instructs the restrained person to stay away and not hurt, harass, stalk, assault, threaten, or communicate with the protected victim or witness. (Name of Court, Case Number, Case Name and Case type) b. At least two concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who have personal knowledge of the committed offense. A CPO is an order designed to protect victims and witnesses of a crime from being harassed, stalked, threatened or otherwise intimidated by a defendant. You must agree that you freely and voluntarily make the request to modify the protective order. 6. Keep in touch for the latest California Crim Law Reading.If you need immediate assistance, call our office: (310) 274-6529. Criminal: Order on Petition/Application (Health & Safety Code 11361.8) (pdf ) RI-CR058: 11/2016: . I talked to other attorneys out there and they had an arms-length of attitude, but not you. The prosecutor will want to evaluate what is motivating the requested modification. (Consent to Adoption by Parent In or Outside of California Giving Custody to Husband or Wife or Domestic Partner of Other Parent) . Restraining orders can be modified to either increase or decrease the level of protection. California law actually recognizes four types of restraining orders. A criminal protective order is requested by the district attorney bringing the criminal charges in a case . 2005: Optional: Waiver of Defendant's Personal Presence . A criminal protective order is requested by the district attorney bringing the criminal charges in a case. I, ____________________________________________________, the Petitioner, declare the following: (Print Your Name) a. The petition should also state reasons or facts that support the request for modification. The terms of the order may become too restrictive. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); If you or a loved one have been accused of a crime, this is the time to contact us. Conditions include but are not limited to the following: If you are the victim named in a protective order or if you are the parent or guardian of a victim named in a protective order, you may request the court modify an existing protective order by removing some or all of its conditions. The original is for the court. (Form DV-400-INFO). Top 100 Trial Attorneys in the United States. The documents for lifting an order usually include requests for specific names, dates and reasons for dissolving the restraining order. This punishment does not affect the substantive criminal trial that is still ongoing and any penalties you might face if youre convicted. If youve requested a modification of a CPO as a restrained person, remember that you still need to comply with the terms of the existing order until the court formally makes a modification order in your favor. Have the server (person who served your papers) fill out a proof of service form. 2. Ten classes at the rate of one per week takes over two months. That way, police across the country will know the order was changed or ended. 1 from the first conversation to the last - I always felt 'it mattered' to him. PETITION FOR MODIFICATION OF PROTECTIVE ORDER IN CRIMINAL PROCEEDING DOMESTIC VIOLENCE CASE AND REQUEST FOR HEARING L-404 (Revised July 1, 2006) Optional Form Page 2 of 2 CASE NAME: CASE NUMBER: 2. After you file the motion, the court will decide whether to schedule a hearing. . Select Document event: Protective Order. Browse By State Alabama AL Alaska AK Arizona AZ Arkansas AR California CA Colorado CO Connecticut CT Delaware DE Florida FL . I request a hearing for consideration of modifying the following terms listed on the protective order (check all that apply): a. b. California Code of Civil Procedure 527.6 CCP, be put into custody in jail for up to one year, and/or. KC Jail Inmate Custody Status Notification Service I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. (d); In re Marriage of Brown & Yana (2006) 37 Cal.4th 947, 955, 38 Cal.Rptr.3d 610, 127 P.3d 28.) This web site is not intended to solicit clients for matters outside of the state of California. A CPO is a court order that a judge may enter in a criminal court case. The protective order may prohibit any contact or may be a "Level One" protective order that allows peaceful contact between the parties. Following a hearing, the court will decide whether to lift the restraining order or not based on the facts given. 0 Prior results do not guarantee a similar result or predict the outcome of a case. Both types are often used to protect victims of domestic violence. Visit our California DUI page to learn more. 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