How do I challenge a protective order or “no-contact” condition of my parole or probation?

The process for challenging a protective order or “no-contact” condition depends on who put the order in place against you.=

(1) IF THE PROTECTIVE ORDER IS A CONDITION OF YOUR PAROLE, PROBATION, OR OTHER FORM OF COMMUNITY SUPERVISION: It may be possible to get the condition removed or changed IF you don’t have a history of domestic violence or abuse.[2345]

    To challenge a condition of state parole, you will likely have to file a CDCR Form 602 administrative appeal and Form 22 with the Parole Department.[2346] Read more about that process in the PAROLE & PROBATION CHAPTER at PG. 173.
    To challenge a condition of probation or Mandatory Supervision, you must go back to the criminal court that sentenced you to probation or supervision, and ask the judge to remove or change the condition.[2347] Read more about that process in the PAROLE & PROBATION CHAPTER at PG. 192 (misdemeanor probation) and PG. 196 (felony probation).
    To challenge a condition of Post-Release Community Supervision (PRCS), you will have to either file an administrative appeal through probation or go directly to Superior Court depending on whether the county probation department or the court put the condition on you[2348] Read more about that process in the PAROLE & PROBATION CHAPTER at PG. 199.
    To challenge a condition of federal probation, you will have to file a Notice of Appeal with the Clerk of the Court where you were convicted and contact the Federal Public Defender’s Office. Read more about that process in the PAROLE & PROBATION CHAPTER at PG. 213.
    To challenge a condition of Supervised Release, you will have to file a Notice of Appeal with the Clerk of the Court where you were convicted and contact the Federal Public Defender’s Office. Read more about that process in the PAROLE & PROBATION CHAPTER at PG. 213.
    To challenge a condition of federal parole, you will have to file a Notice of Appeal with the Clerk of the Court where you were convicted and contact the Federal Public Defender’s Office.[2349] Read more about that process in the PAROLE & PROBATION CHAPTER at PG. 213.

(2) IF THE PROTECTIVE ORDER IS A COURT ORDER (from a criminal court or civil court) based on a history (or allegations) of domestic violence, neglect, abuse, stalking, or threats:[2350] You must go back to the same court and ask the judge to change or cancel the order.[2351]

    If you need assistance changing a criminal court-ordered protective order, contact a public defender or your lawyer from your criminal case.
    If you need assistance in changing a civil court-ordered protective order, you can ask the Family Law/Self-Help Facilitator at your local county court (see Appendix A on PG. 788 to find contact information for your local Family Law Facilitator).
  1. 2345

    But see, e.g., Cal. Penal Code § 1203.097(a)(2) (criminal court protective order is mandatory probation condition for domestic violence offenses).

  2. 2346

    How to File CDCR Administrative Appeal, Prison Law Office, http://prisonlaw.com/pdfs/AdministrativeAppeals,July2010.pdf.

  3. 2347

    Cal. Penal Code § 1203.3(a) (“The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence.).

  4. 2348

    See Prison Law Office, The Parolee Rights Manual at 34, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf

  5. 2349

    Fed. R. Crim. P. 32.1(c).

  6. 2350

    Cal. Fam. Code §§ 6250 et seq. (emergency protective order), 6320-22 (protective orders); Cal. Penal Code § 136.2 (criminal protective order).

  7. 2351

    You can also try to appeal the order to a higher court.