Duration of Criminal Protective Order

Duration of Criminal Protective Order

What it is all about:

Penal Code Section 136.2 does not provide time limitations on the duration of protective orders, however the law is construed as limiting the protective order to the duration of the criminal action in which the order is issued or to probation conditions. The order should state that it remains in effect until the defendant is no longer subject to the courts jurisdiction including any period of incarceration or probation. Judicial Council form CR-165 must be used to terminate a protective order. This insures that the termination of the order will be entered into CLETS. A protective order must be terminated when a case is dismissed, when the defendant receives a nonprobationary sentence or if the defendant receives probation, when probation is revoked or expires. If you are arrested or charged with a crime, contact: