Legal Question in Criminal Law in California

Re: Can a protective order go beyond acquittal?

An acquittal is not a finding of innocence. Instead, it is a refusal to make a finding of guilt. The jurors may have believed you were guilty but acquitted because they had reasonable doubts.

My sense is that the judge did not "extend" the protective order but that it is simply going to expire when it was previously scheduled to expire. Even if he did extend it, though, he was probably acting within his authority (as long as you had proper notice that he was considering such an order). There is no conflict between the jury's refusal to find you guilty beyond a reasonable doubt and the judge's belief that the order is still needed.

Re: Can a protective order go beyond acquittal?

Theoretically, the judge can keep you under protective order even if you were acquitted of the crime related to that order. There are differences between the two proceedings, for example, in the level of proof that is required for convicting you criminally and issuing a protective order against you.

If there is a permanent protective order in place, you could request a hearing to have the matter reviewed. At the hearing, evidence introduced at your trial as well as the fact of your acquittal would be important evidence. You would need to retain a lawyer.

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com