Does the restraining order against me end if my criminal case is dismissed?

It depends on which order you have. A pretrial protective order based only on Penal Code section 136.2(a) generally cannot continue on that basis after the entire criminal case is outright dismissed. Confirm the dismissal and the status of every order before contacting the protected person. A separate civil order does not end with the criminal case, and a qualifying order issued after conviction may survive a later dismissal under Penal Code section 1203.4.

First, identify each order

You may have more than one order. The criminal court’s protective order form, CR-160, has separate boxes for an “order pending trial” under Penal Code section 136.2, a probation-condition order, and an order upon conviction under Penal Code section 136.2(i), 273.5(j), 368(l), or 646.9(k). A civil domestic violence restraining order comes from a separate family court case. Each type ends in a different way.

An order issued while the criminal case was pending

Penal Code section 136.2(a)(1) lets a court with jurisdiction over a criminal matter protect a victim or witness during that proceeding. People v. Stone (2004) 123 Cal.App.4th 153 and People v. Selga (2008) 162 Cal.App.4th 113 limit an order based on this pretrial authority to the pendency of the criminal case; form wording cannot extend its statutory basis. An outright dismissal of the entire case generally ends that basis. Dismissal of only some charges while the case continues is different. Orders made at sentencing rest on separate provisions, covered below.

Item 4a of the CR-160 form says a pretrial order remains in effect “until further court order,” but the form’s law-enforcement instructions say a section 136.2(a) order is valid only while the court has jurisdiction over the case. The CR-165 notice documents termination and updates the law-enforcement record; the court must ensure transmission to the California Department of Justice within one business day. A missing notice or lingering database entry does not itself extend pretrial authority after outright dismissal. Ask counsel or the criminal court for the dismissal order, any CR-165 notice, and confirmation that court and enforcement records were updated. Until you verify the status of every order, avoid conduct that could violate a separate order still in force. Violating an effective section 136.2 order can be punished as contempt or, in some cases, as a separate crime (section 136.2(b)).

Orders issued after a conviction

An order made at sentencing exists because of a conviction, and it carries its own end date. After a conviction for a crime involving domestic violence and certain other crimes, the order may last up to 10 years (Penal Code section 136.2(i)(1)). A corporal injury conviction under Penal Code section 273.5(a) allows an order of up to 15 years (section 273.5(j)(1), as amended effective January 1, 2025), and a stalking conviction allows one of up to 10 years (Penal Code section 646.9(k)(1)).

If your case was dismissed after you completed probation, under Penal Code section 1203.4, that dismissal “does not release the defendant from the terms and conditions of an unexpired criminal protective order” issued under those sentencing provisions. The order stays in full effect until it expires or a court modifies or terminates it (section 1203.4(a)(4)). The same caution applies if some charges were dismissed in a plea bargain but you were convicted of another: check whether the court issued an order at sentencing.

A civil domestic violence restraining order is a separate case

A civil domestic violence restraining order made after a noticed hearing can last up to five years. It remains “subject to termination or modification by further order of the court,” which can happen through a written stipulation or a party’s motion, and it can be renewed for five or more years, or permanently, without a showing of further abuse (Family Code section 6345(a)). Nothing in that section ties the order to a criminal case. The criminal court’s termination form makes the same point: ending a criminal protective order “does not terminate any existing family, juvenile, or probate court orders” (CR-165).

To end a civil order before its expiration date, you have to go back to the family court. If you, rather than the protected person, ask to end or change it, the protected person must be given notice, ordinarily by personal service, or by service on the Secretary of State if that person is enrolled in the state’s address confidentiality program. If the protected person cannot be notified before the hearing, the court must deny the request without prejudice or continue the hearing (section 6345(d)). The dismissal of your criminal case is not itself a request to end the civil order.

Confirm every order before making contact

An intentional and knowing violation of a civil protective order, as Family Code section 6218 defines those orders, is its own misdemeanor. It can bring a fine of up to $1,000, up to a year in county jail, or both, and a heavier range applies when the violation causes physical injury (Penal Code section 273.6(a), (b)). That exposure does not depend on how the criminal case ended. Do not reach out to the protected person, yourself or through anyone else, while any order remains in effect or its status is uncertain. Confirm the paperwork first.

If your criminal case was dismissed and you are not sure which orders are still in effect, ask the Law Offices of David S. Chesley to go through the orders and court records with you and to discuss whether a request to end or change an order makes sense. For renewal of civil orders, see permanent restraining orders; for criminal orders, see criminal protective orders. Call (800) 755-5174 to discuss your situation.