What is a Criminal Protective Order?
A criminal protective order (CPO) is a legal order issued by a court to protect a victim of domestic violence, stalking, or other crimes from further harm or abuse by the perpetrator. The order is typically issued as a condition of a defendant’s release from custody or as a sentence in a criminal case. The purpose of a CPO is to ensure the safety and well-being of the victim and to prevent the defendant from committing further crimes.
Types of Criminal Protective Orders
There are several types of CPOs, including:
- Domestic Violence Protective Orders: Issued to protect victims of domestic violence, including spouses, former spouses, intimate partners, and family members.
- Stalking Protective Orders: Issued to protect victims of stalking, including individuals who have been harassed, threatened, or intimidated by the defendant.
- Civil Harassment Protective Orders: Issued to protect victims of civil harassment, including individuals who have been subjected to harassment, threats, or intimidation by the defendant.
- Sexual Assault Protective Orders: Issued to protect victims of sexual assault, including individuals who have been subjected to sexual assault or sexual harassment by the defendant.
What Does a Criminal Protective Order Do?
A CPO can do several things to protect the victim, including:
- Prohibit the defendant from contacting the victim: The order may prohibit the defendant from contacting the victim, including by phone, email, mail, or in person.
- Prohibit the defendant from coming near the victim’s home or workplace: The order may prohibit the defendant from coming near the victim’s home, workplace, or other places where the victim spends time.
- Prohibit the defendant from possessing a firearm: The order may prohibit the defendant from possessing a firearm or other dangerous weapon.
- Require the defendant to stay away from the victim’s children: The order may require the defendant to stay away from the victim’s children, including from their home, school, or other places where the children spend time.
- Require the defendant to participate in counseling or treatment: The order may require the defendant to participate in counseling or treatment to address any underlying issues that contributed to the crime.
How is a Criminal Protective Order Issued?
A CPO is typically issued by a judge after a hearing in which the victim and the defendant are present. The judge will consider evidence presented by the prosecution and the defense and may issue the order if the prosecution can show that:
- The defendant committed a crime: The prosecution must show that the defendant committed a crime, such as domestic violence, stalking, or sexual assault.
- The defendant poses a threat to the victim: The prosecution must show that the defendant poses a threat to the victim, including that the defendant has a history of violence or has made threats against the victim.
Consequences of Violating a Criminal Protective Order
Violating a CPO is a serious offense and can result in severe consequences, including:
- Arrest and imprisonment: The defendant can be arrested and imprisoned for up to one year for violating a CPO.
- Fines: The defendant can be fined up to $1,000 for violating a CPO.
- Criminal charges: The defendant can be charged with a new crime for violating a CPO, including charges such as contempt of court or criminal contempt.
How to Obtain a Criminal Protective Order
To obtain a CPO, the victim must file a petition with the court and attend a hearing. The petition must include:
- A statement of the facts: A statement of the facts surrounding the crime, including the date, time, and location of the crime.
- A statement of the threat or harm: A statement of the threat or harm posed by the defendant to the victim.
- Evidence of the crime: Evidence of the crime, including police reports, witness statements, and photographs.
Table: Steps to Obtain a Criminal Protective Order
| Step | Description | |
|---|---|---|
| 1 | File a petition with the court | The victim must file a petition with the court to obtain a CPO. |
| 2 | Attend a hearing | The victim must attend a hearing in which the court will consider the petition and issue a CPO if necessary. |
| 3 | Provide evidence | The victim must provide evidence of the crime, including police reports, witness statements, and photographs. |
| 4 | Obtain a CPO | If the court issues a CPO, the victim will receive a copy of the order and must follow its terms. |
Conclusion
A criminal protective order is a legal order issued by a court to protect a victim of domestic violence, stalking, or other crimes from further harm or abuse by the perpetrator. The order can prohibit the defendant from contacting the victim, possessing a firearm, or coming near the victim’s home or workplace. Violating a CPO is a serious offense and can result in severe consequences, including arrest and imprisonment. To obtain a CPO, the victim must file a petition with the court and attend a hearing, and must provide evidence of the crime.
