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Challenging the Justification for a Protective Order On the Basis of Insufficient Evidence

By Walin & Klarich

The issue in People v. Ponce circulated around jurisdictional validity of the trial court's decision to issue a three-year protective order during sentencing. At defendant Ponce?s sentencing hearing, the prosecutor requested the court to issue a protective order for Lucero. He did not make an offer of proof or explain the reason for this request. The court granted this request and signed a criminal protective order using Judicial Council form CR 160, entitled ?Criminal Protective Order ? Domestic Violence (CLETS-CPO) (Penal Code, §§ 136.2 and 1203.097(a)(2).? The order provided, ?[T]his order expires three years from the date of issuance.? Ponce contended that the three-year protective order issued during sentencing was unauthorized because under section 136...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 07, 2009 (boomark / email).