Asked in Criminal Law, Domestic Violence and Family Law for California

Q: Are probationary orders only enforceable if the defendant is on probation?

"Orders under Penal Code section 1203.097(a)(2) are probationary orders, and the court has jurisdiction as long as the defendant is on probation". Otherwise the court does not have jurisdiction? therefore the order is only enforceable whilst the defendant is on probation? I'm not the defendant, I am the victim.

1 Lawyer Answer
Dan Moseley
Dan Moseley
  • Criminal Law Lawyer
  • Fresno, CA
  • Licensed in California

A: That's correct. However, some orders, such as Criminal Protective Restraining Orders can be independent of probation. They have a life, that is, a period of duration entirely their own as set by the court. Violating a CPRO is a separate offense, whether one is on probation or not.

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