What is a CPO?
A criminal protective order (CPO) may be issued at the request of law enforcement to protect a person deemed to be at risk as the result of a criminal investigation or a victim of a crime. If you have been served with a CPO contact our office for a free consultation.
How Do I Get the Judge to Change My Criminal Protective Order?
Either the protected person or the restrained person (defendant) can request that the requirements in the Criminal Restraining Order be changed. You can request that the level of protection be increased or decreased. If you are the defendant you should discuss the changes with the Victim Witness Office. Once you are better informed of the process, you can ask the Criminal Court to change the Criminal Protective Order by filling out a Petition for Modification of Protective Order (L-404) . File it with the court that ordered the Protective Order. A hearing date will be set and the parties will be notified to appear by the clerk. Each party has the right to attend and oppose the Petition.
What If I Have More Than One Type of Protective Order?
It is not uncommon to have more than one type of Protective Order. A party may seek a restraining order in family law or civil even when there is a Criminal Protective Order. Tell the judge and the District Attorney if you have another restraining order. The Criminal Protective Order takes precedence over other conflicting orders. That means if the criminal order is different from another restraining order, it will supersede any other orders as the primary order that must be obeyed. For example, if the family law order allows contact and the criminal order states "no contact", then the parties are not allowed to have contact.
Please note that a Civil/Family Law Restraining Order is different than a Criminal Protective Order
Please note that a Civil/Family Law Restraining Order is different than a Criminal Protective Order
Guns and Firearms
The judge may order that the restrained person not own, possess, buy or try to buy, receive or try to receive, or otherwise get a gun while a Restraining Order is in effect. If a restrained person violates this order, it can result in jail and/or $1,000.00 fine. The restrained person must sell to a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms that he/she has or control in accordance with the order of the court. If the restrained person does not obey the court order, he or she can be charged with a crime. The court may set a review hearing to determine whether the defendant has complied with the requirements to relinquish the firearm(s). At the hearing the defendant has the opportunity to give information to refute that he or she owns any firearms or to show that he or she has complied with the requirement to relinquish those firearms. If the defendant fails to appear for the hearing, a warrant may be issued for his or her arrest.