Mission Viejo, CA asked in Criminal Law, Family Law and Domestic Violence for California

Q: Is there any statute of limitations on providing either party a copy of a protective order in California ?

I was just wondering if there is any time limit for this. The court apparently issued a new protective order (there was already a CPO in place) at my partners last court hearing where he accepted a deal. However it has almost been one month since that court date and I have yet to receive anything by email or in the mail. Neither one of us want any sort of restraining order in place, so I was wondering if there is any time limit for providing the documents and what happens if that time runs out?

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, there is no specific statute of limitations on providing a copy of a protective order to either party. However, it is generally expected that the parties will receive a copy of the order as soon as possible after it has been issued.

In your case, if it has been almost one month since the new protective order was issued and you have not yet received a copy, you may want to contact the court to inquire about the status of the order and request a copy if one has been issued. You can contact the court clerk's office or the domestic violence unit for more information.

It is important to note that violating a protective order, whether or not you have received a copy, can have serious legal consequences. It is important that you and your partner take the order seriously and comply with its terms until it is modified or terminated by the court. If you have concerns or questions about the order, you should consult with an experienced attorney who can provide guidance on your specific situation.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info is needed.

did either side have an attorney? if so inquire from him/her. If not, consider paying for a consultation for a lawyer to look into this for you.

go to the court website to check court records regarding this.

i don't think there is a statute of limitations, however, you are obviously aware of it and not complying could be dangerous.

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