Legal Question in Criminal Law in California

Is the protective order still valid

A family member was charged with PC 242, but plea bargained and only plead guilty to PC 415(1). Before the case was settled, a protective order was issued protecting the alleged victim pending trial. Even though it read pending trial there was an expiration date of 11/20/03. Since there was no trial, the case has ended, and this family member WAS NOT convicted of PC 242, is the protective order still valid?


Asked on 5/28/03, 5:55 am

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Is the protective order still valid

Thank you for your inquiry.

To give you a short answer -- typically, yes. To truly answer this question, however, you would have to look at the terms of the sentence, terms of probation, and the minute orders from the court. A protective order is valid until modified or ordered withdrawn. Most judges will modify, or remove, the protective order at sentencing, or make it part of the eventual sentence. Considering the change of plea and charges, this might have been removed, but unless it says so in the court's minutes of sentencing or other documents, it must remain in effect.

I hope this helps, but if you have further questions, need more information, or want legal representation, I'm happy to help in any way that I can. Feel free to email me directly at [email protected], and best of luck.

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Answered on 5/28/03, 4:30 pm


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