Legal Question in Criminal Law in California

What if the person was not found guilty in criminal court, will my restraining order will still be in effect?

Asked on 6/13/13, 4:11 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If you obtained the restraining order on your own, in a separate proceeding, then an acquittal will have no effect on the restraining order protecting you. If the restraining order was a criminal protective order issued pursuant to Penal Code section 136.2, then it may have ended when the court's jurisdiction ended, unless the terms of the order provided otherwise.

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Answered on 6/13/13, 4:24 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

Mr Roach is right. If the restraining order was obtained in the case for which you went to trial it will be a good idea to check with the local police station to make sure that someone completed the paper work to terminate the restraining order and entered the information into the computer. Sometimes that stuff remains in the computer for years after it should have been deleted.

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Answered on 6/13/13, 9:43 pm

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