In a Domestic Violence Criminal Case the Court will issue a protective order to keep the peace while the case is pending. That order can be either a level 1 or a level 2 order. The level 1 is a full stay away order, the latter is a modified order that allows peaceful contact with the alleged victim. The question that is discussed today is if the criminal charges are dismissed does the underlying order of protection get automatically terminated? The answer is no.
If charges are dropped in Criminal Court or the client is acquitted the defense attorney must ask the Court to terminate the underlying order and have the District Attorney fill out a Judicial Council form CR-165. This document must be filed with the Court and the clerk must enter it into the record. Thereafter, the California Database that stores the information (CLETS) must be informed that the order was terminated. Failure to do so could result in the client being arrested or being denied the ability to purchase or possess a firearm.
Top Tier Domestic Violence Attorney Matthew Ruff has a track record of getting baseless charges dropped and terminating the underlying protective order in many cases. If you or someone you love is facing DV charges in Los Angeles County, call Matthew for a free one on one consultation. Matt can be reached on his cell phone at 310-686-1533.