Is a protective order against a defendant who has been convicted of a crime involving domestic violence or sex offender invalid?

California, United States of America


The following excerpt is from People v. Castaneda, B278764 (Cal. App. 2018):

orders prohibiting contact with the victim "[i]n all cases in which a criminal defendant has been convicted of a crime involving domestic violence" or any crime requiring registration as a sex offender. None of the appellants was convicted of a crime of domestic violence or a crime requiring registration. The orders thus are unauthorized sentences in excess of the court's jurisdiction, which may be challenged even without objection in the trial court. (People v. Ponce (2009) 173 Cal.App.4th 378, 381-382.) The protective orders must be stricken.

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