This is an official California Judicial Council form dealing with criminal matters. It may be used for criminal issues in California courts. Enter the information as indicated on the form and file with the court as appropriate.
Simi Valley California Notice of Termination of Protective Order in Criminal Proceeding - CLETS - Penal Code Sec. 136.2, 166 and 1203.097 a2
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Simi Valley
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CA-CR-165
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How to fill out California Notice Of Termination Of Protective Order In Criminal Proceeding - CLETS - Penal Code Sec. 136.2, 166 And 1203.097 A2?
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FAQ
Violating a restraining order is a criminal offense that generally stays on a person's record unless the conviction is expunged or sealed. Penal Code 273.6 PC is the California statute that makes it a crime for a person to violate the terms or conditions of a restraining order.
What is a restraining/protective order under California law? Generally speaking, a restraining order is the same thing as a protective order under California law.
A criminal protective order is requested by the district attorney bringing the criminal charges in a case. If a judge grants one, it can remain in effect for up to 10 years. A defendant that violates a CPO can face up to one year in jail.
The maximum length of a restraining order in California is five years. Often, the length of an order is shorter, lasting several years or even only a few months. If the restraining order against you had against you has expired and you did not violate it you can have the order expunged from your record.
Modifying a Restraining Order in California Either a protected person or restrained person may request to have the requirements of their CPO altered by filing a ?Petition for Modification of a Criminal Protective Order? with the court.
In short, yes. If you are a person protected by a restraining order, you can apply to the court to have it discharged/revoked.
If there is no date given on the restraining order, then the restraining order will become spent 2 years from the date of conviction. If however the restraining order states that it is 'unlimited', 'indefinite' or is issued until 'until further order', then it will never become spent.
A protection order may be varied, withdrawn or set aside if the complainant makes an application for variation or rescission, but only if the court is satisfied that the application is being made freely and voluntarily.
There are three primary ways to find restraining orders: Go to the courthouse and request to look at the paper records. Go to the courthouse and request to look at the electronic records. Use remote access to find the court case documents online if your court offers this method.
In most cases, a restraining order is public record in California. The sealing and expungement process is reserved for criminal cases, not civil records. Restraining orders can be considered either a criminal or civil court order, but one major commonality is the consequences.