Can a defendant who has been sentenced to prison for assault have a criminal protective order issued against him as a condition of probation?

California, United States of America


The following excerpt is from People v. SMITH, F058828, No. VCF201306 (Cal. App. 2011):

The trial court may issue criminal protective orders pursuant to section 136.2, domestic violence protective orders pursuant to section 1203.097, and protective orders as a condition of probation. However, the latter two situations are inapplicable here and section 136.2 does not authorize the issuance of protective order against a defendant who has been sentenced to prison. (People v. Ponce (2009) 173 Cal.App.4th 378, 382-383.) Nor does the court's inherent authority to issue appropriate protective orders to protect trial participants authorize it to issue a protective order against a defendant who has been

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