Modification of Criminal Protective Order

Modification of Criminal Protective Order Section 3.5

What it is all about:

Victims and even defendants frequently request the court to modify a criminal court protective order issued as a complete stay away, asking the court to permit peaceful contact instead. These modification requests are often made early in the criminal proceedings, including immediately after the arraignment when the orgianl stay-away order has been issued. When the request is made postsentencing, the prosecutor must be given an opportunity to respond to these requests.

Penal Code Section 1203.3 provides that before any sentence or term of probation is modified, a hearing has to be held in open court, and the prosecutor must be given an opportunity to be heard. Ordinarily, two days notice to the prosecutor is required. However Penal Code section 1203.3 (b) (1) requires full five days notice to the prosecutor if the request is to modfiy or terminate a protective order issued in a case involving domestic violence.