Can I Be Electronically Monitored For a Criminal Protective Order? (California Penal Code 136.2)

According to a recent change to California Penal Code section 136.2, you can now be electronically monitored to ensure that you are following the terms of a criminal protective order. Under the new changes, you cannot be electronically monitored for more than one year. However, section 136.2 also states that the court can require you to pay for the electronic monitoring if the court finds that you have the ability to pay.

A criminal protective order prevents you from having any type of contact with a particular person and can prevent you from visiting certain places. You can be issued a criminal protective order in several circumstances, including if you have been accused of domestic violence or if the court believes that you may harm, intimidate, annoy, harass, or threaten the alleged victim throughout the criminal proceeding. The electronic monitoring would keep track of your actions to make sure that you do not contact the alleged victim or violate the protective order in any other way.

It is important to keep in mind that electronic monitoring is only required if the local county that has jurisdiction over your protective order chooses to adopt an electronic monitoring policy in protective order cases.

If you or a loved one has been issued a criminal protective order it is important that you are aware of the consequences and restrictions that accompany the protective order, including the possibility of electronic monitoring. The attorneys at Wallin & Klarich have over 40 years of experience successfully defending clients in criminal matters where protective orders have been issued. Call us today at 1-888-749-0034 or fill out our intake form for immediate assistance. We will get through this together.