Criminal Protective Order (CPO)
A Criminal Protective Order (“CPO”) is issued either by a criminal court or by law enforcement for the protection of a “victim” against the “aggressor” or defendant, if a criminal case has been initiated. Every CPO is different, but in general, the CPO orders the defendant or aggressor to stay away from and have no contact with the “protected person” or victim. However, some CPOs can state that there may be only peaceful contact, if there should be a need for any contact. If issued by law enforcement, the CPO automatically expires on the date stated, which is generally 5 days from the date of issuance. After its expiration, contact between the persons may return to normal. If the CPO is issued by the court, the CPO expires when stated and may only be modified by the court. A CPO can be issued while a criminal case is pending or at the conclusion of the case, as a part of the defendant’s sentence.
Civil Restraining Order (CRO) or Domestic Violence Restraining Order (DVRO)
A Civil Restraining Order (“CRO”) or Domestic Violence Restraining Order (“DVRO”) is issued by a civil court to protect a person or several persons. CROs and DVROs are only issued by the court and only after the protected person, or persons, initiates an action with the court requesting a restraining order. After an ex parte, or emergency, hearing, the court has the discretion to issue a temporary CRO/DVRO and set the matter for a trial or hearing to determine if a permanent CRO/DVRO is necessary. If a temporary CRO/DVRO is issued, the hearing regarding the permanent restraining order must be within 21 days to 25 days. A CRO/DVRO can include stay away orders, no contact orders, move out orders, peaceful contact orders, and several other things, which may be requested.
Every case is different and depending on the facts of your case, you may need to seek a CPO or a CRO/DVRO. Should you need further information on the above relief or if you have any other questions, contact Bristol, Haynes & Associates for a free consultation at (909) 466-5575.