Our article on Civil Protection Orders covered the topic in a broad way. We got into most of the details in that article, but in this one we will focus on one specific important detail. Specifically, when a CPO case becomes a criminal case. Quite simply, violating a civil protection order is a criminal offense, even if the protection order was civil to begin with. It is a simple concept, but it can be slightly confusing Criminal cases often surround CPO cases. And sometimes CPO cases become criminal cases.
When a Civil Protection Order is Not Criminal
Civil Protection Orders are, as the name implies, civil matters. As we discuss in the previous articles, they are one of the few decisions which the Court grants ex parte. This means the Court can grant a civil protection order after hearing only one party in the case. When a petitioner (the person seeking the protection order) requests a CPO from the Court, they usually get a hearing very quickly. In this initial hearing, the Court can grant the CPO without hearing from the respondent (the person who the protection order restrains.)
Oftentimes, the Respondent is not expecting a protection order and they may not be sure what to do. Of course, the best thing to do differs depending on the case, but in all cases, the Respondent should NEVER contact the alleged victim, who may or may not be the same person as the respondent. To do so would be a criminal offense.
Note that when the court simply serves a respondent with a protection order, they are not necessarily charing the respondent with a crime. However, sometimes protection orders are the result of a criminal charge. Sometimes a Petitioner may request a CPO without bringing any criminal charges against the Respondent. Other times, the case does involve criminal charges as we discuss in the following section.
When a Protection Order is Part of a Criminal Case
As we have mentioned several times in this article, service of a protection order is not the same as a criminal charge. However, if you violate the CPO (in other words, you contact the alleged victim) you are guilty of a crime and will most likely face legal penalties for it. If you feel like you need something from someone with a protection order against you, the best thing to do is hire an attorney.
There are several other ways protection orders can be part of a criminal case. For example Civil Protection Orders (CPOs) can happen in the midst of a criminal case even though they are separate from a criminal charge. There are also protection orders we call Temporary Protection Orders (TPOs) that a Court can place against a defendant while the case is going on. Protection orders of some kind are common in Domestic Violence cases, which are of course criminal cases.
Conclusion
Protection orders can be confusing and often involve situations that are nerve-racking for the Respondent and/or the Petitioner. If you need help or have questions with handling a protection order, do not hesitate to contact Dearie, Fischer & Martinson to get help from attorneys with over twenty years of experience in this area of the law.
