Criminal Protective Order Law and Legal Definition

Criminal protective order refers to an order that a judge makes to protect a witness or victim of a crime. Evidence of an assault before there was any criminal proceedings, and without any intent to interfere with such proceedings, is insufficient to justify a criminal protective order.

Except in domestic violence cases, a criminal protective order must be based on a finding of good cause to believe an attempt to intimidate or dissuade a victim or witness has occurred or is reasonably likely to occur. That finding may be based on the underlying charges and the circumstances surrounding the commission of the charged offenses, but a mere finding of past harm to the victim or a witness is not sufficient. [Babalola v. Superior Court, 192 Cal. App. 4th 948 (Cal. Ct. App. 2011)].