Q: Can I ask the judge for a criminal protective order instead of civil restraining order at the c ourt hearing
I filed a domestic restraining order against my ex for stabbing my foot with a bar stool. I have the court hearing to make it permanent and would like to know if I can ask the judge for a criminal protective order instead..my ex is currently in jail but not on charges for the abuse he did to me. I do want charges pressed against him and I did file a police report regarding the abuse because I had to have surgery on my foot because he stabbed it with a bar stool. Can I ask for a criminal protective order at court as a way to get charges pressed on him and would it help me pursue a third party premises liability case against his mom considering the abuse took place at her house and she witnessed some of the abuse that happened to me. my ex punched me in the face right in front of her and she did nothing to help me. I begged her to help me to call the police all I wanted to do was go home and my ex had my car would not let me leave..what would be the best order and advice for my case
A:
Sort of. With the facts you describe, the criminal judge will likely grant the DA’s request for a CPO. You can reach out to your DA victim advocate to make sure they ask for this at the arraignment.
But there are advantages to also getting a DVRO. A CPO only lasts as long as there’s a criminal case. So if he’s acquitted or when his sentence ends, the COO goes away. You can renew a DVRO and it will survive even when the criminal case is done.
Talk to an attorney, like me, who understands how these two worlds intersect. And good luck.
William John Light agrees with this answer
A:
more info needed.
if you made a police report follow up with them to see if/when they turned it into the DA for filing.
then contact DA's office to check the status of filing.
DA's office might be able to assist and there is a victim's assistance program there too
A: A CPO (Criminal Protective Order) is by definition an Order issued by a Judge in a criminal proceeding. Since your ex is not in jail for the alleged physical abuse he inflicted on you, the Court where you obtained a DVO (Domestic Violence Restraining Order) does not have jurisdiction to issue a CPO.
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