Can a defendant be ordered to stay away from the crime victim while on probation?

California, United States of America


The following excerpt is from People v. Jacques, B266138 (Cal. App. 2016):

Under Penal Code section 136.2, a trial court may order a defendant to stay away from a crime victim.8 Such an order, however, is valid only during the pendency of the action. (People v. Ponce (2009) 173 Cal.App.4th 378, 382 (Ponce).) There are other statutory provisions for long-term protective orders, but they set forth "numerous procedural protections for persons subject to them." (Id. at p. 383.) There is no suggestion that the restraining order in this case complied with any such requirements. An unauthorized restraining order with no statutory basis, which was not imposed as a condition of probation, must be reversed. (Ibid.)

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