"I haven't had a trial yet. I haven't been convicted of anything. Can the judge really order me to stay away from the alleged victim and surrender the firearms in my home?" In California there are two bases on which a judge can issue a criminal protective order. The first is if you have already been found guilty and the judge imposes a stay-away order or other type of restraining order as a term and condition of your probation. The second is if the judge issues a protective order during the pendency of your criminal case pursuant to California Penal Code s 136.2. Judges and prosecutors are all too eager to issue restraining orders during the pendency of criminal cases. In my next blog post, I'll discuss valid and invalid Penal Code 136.2 restraining orders so you know what your rights are. Alanna D. Coopersmith is a lawyer practicing criminal defense in the San Francisco Bay Area. Continue reading "Restraining Orders and Protective Orders in Criminal Cases"
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