Criminal Protection Order

Alexis explains: "a couple of things that will never be lifted in the domestic violence protection order during the duration is you're never going to be able to get your guns back during the protection order you have to relinquish your firearms when you're charged with a domestic violence case and you're never going to have the protection order lifted entirely it's going to remain in effect for the duration of the case"

Alexis explains: "a criminal protection order is not something you have to seek out so if you are um charged with a criminal offense usually a domestic violence charge um the protection order automatically enters against you by the criminal courts now that you don't have any say over you can sometimes get it modified but that one is going to enter no matter no matter what happens it's called an mpo or a mandatory protection order"

Right Law Group's guide explains: "Key Findings: A Roadmap to Protecting Service and Future • The Lautenberg Amendment is a Career-Ender: A civilian domestic violence conviction triggers a lifetime firearm ban, making continued military service impossible."

Alexis explains: "generally what we see in cases of domestic violence where a defendant has been charged but the victim does not want there to be a protection order in place the victim will have to contact the district attorney's office or the judge or both and let them know their thoughts on the case they have to tell them i'm not afraid i want to have contact with my spouse whatever it is that they need the judge and the da to know they must tell them themselves because obviously the defendant can't tell them then there has to be a hearing on modification of the protection order"

Alexis explains: "In the criminal case, there will be a protection order issued against the husband, the defendant, for this crime of domestic violence assault. Now, that is a mandatory issuance. There is no way around it. Even if the named victim says that she doesn't want there to be a protection order, the protection order will remain no matter what. There are different ways that the protection order can be modified, which we go into in other videos. But, for that criminal charge, the protection order remains as long as the case is open. And that includes as long as the case is open if you're on probation thereafter."

Alexis explains: "judges will allow or at least consider lifting the no contact portion so as we discussed in previous videos every single time someone is charged with a criminal offense there's always a protection order in place that's never going to be lifted including in dv cases the difference between domestic violence protection orders versus other run-of-the-mill protection orders is that domestic violence is a little bit beefier like we talked about where the named victim is listed and no contact is allowed"

Alexis explains: "Now, that is a mandatory issuance. There is no way around it. Even if the named victim says that she doesn't want there to be a protection order, the protection order will remain no matter what."

Alexis explains: "Now, the other thing to know is someone can have both a criminal protection order and a civil protection order against them at the same time from the same incident from the same victim. We see it all the time. It doesn't do anything to the criminal case, but there are some things to consider where if If are being charged with a criminal charge and your victim is then trying to file a civil protection order against you, you have the right to defend yourself in both cases, but anything you say in one case can be used in the other case."

Alexis explains: "so it is possible to have two protection orders issued against you so you can have the criminal protection order so if you're charged for a domestic violence case and you're put into jail and you're going through the criminal court system you have that mandatory protection order on you from the criminal side but then a victim in a case can also file a civil protection order or request a temporary protection order and then get that protection order made permanent so a person can have two different protection orders for the same thing"

Alexis explains: "So, if this was not an amicable relationship and if the wife was very upset about this and wanted to further take out a protection order against her husband to last a lifetime, she could file for what's called a civil protection order. Now, the difference between the two is a civil protection order has to be actively sought by the person looking for a protection under that protection order. It is not mandatorily issued like with a criminal charge."

Alexis explains: "the big thing to keep in mind is on protection orders there are two different kinds of protection orders one is a civil protection order and one is a criminal protection order"

Alexis explains: "The other thing to be aware of is whether you have a criminal protection order from a criminal case or a civil protection order, you can still be charged with a crime if you violate either of them. Under the current law here in 2022, a a violation of a criminal protection order results in a class one misdemeanor, which is the same level as an assault. So, you will get another charge writing up against you if you violate that criminal protection order. On a civil protection order, it a a violation of that civil protection order results in a class two misdemeanor. So, it's still a notch down, but it's still a criminal offense."

Alexis explains: "the short answer is you can't there is no lifting of a criminal protection order when a case is open there are however ways to modify a protection order"

Alexis explains: "then they there is a hearing to determine whether or not that temporary protection order needs to be made permanent and in civil cases a civil protection order can be made permanent for a lifetime whereas a criminal protection order like we talked about before um those only last for the duration of the criminal case but a civil one can last forever"

Alexis explains: "what if they say no it was a mistake or they were drunk or i want to work on our marriage how do we get that protection order lifted the short answer is you can't there is no lifting of a criminal protection order when a case is open there are however ways to modify a protection order"

Alexis explains: "What is the difference between a protection order in a DV case versus what we think of as a restraining order? So, being lawyers, we like to have acronyms for everything. You'll hear it called a CPO, a civil protection order, an MPO, a mandatory protection order. Some people will call it an RO, which is just a restraining order. But, fundamentally, there are two key differences between criminal protection orders and civil protection orders."

Alexis explains: "when you're facing criminal charges shut up keep your mouth shut at all times everywhere and let your lawyer do all the talking for you"

Alexis explains: "you have the right to defend yourself in both cases, but anything you say in one case can be used in the other case."