Not the way most people think. A criminal protective order is not the protected person’s to drop — the court issued it, and the DA has a say.
But it can be modified — through the right process, not self-help.
Who Controls the Order
A criminal protective order is the court’s order in a criminal case. The protected person can express their wishes, and those wishes carry weight, but they cannot unilaterally ‘drop’ it — only the court can modify or end it, and the prosecutor is heard. (A separate civil restraining order the protected person filed can be dismissed by that person, but that is a different order.)
How Modification Works
The path is a motion to modify. A lawyer can ask the court to change a full no-contact order to allow peaceful contact or child-related contact, or to lift a move-out condition — presenting the protected person’s stated wishes, the circumstances, and any safety plan. Judges do modify these orders where the request is sound.
Until It Changes
This is critical: follow the order exactly until a judge changes it. Contact — even if the protected person initiates it — is a misdemeanor under Penal Code § 166(c)(1), punishable by up to one year in county jail and/or a $1,000 fine, since this is a criminal protective order issued under Penal Code § 136.2. Do not rely on a verbal ‘it’s fine.’ The only safe change is a change on the record.
Frequently Asked Questions
Can the victim drop a criminal restraining order in California?
No, not unilaterally. A criminal protective order is the court's order in a criminal case. The protected person's wishes carry weight, but only the court can modify or end it, and the prosecutor is heard. A separate civil restraining order the person filed is different and can be dismissed by them.
How do you get a criminal protective order modified?
Through a motion to modify. A lawyer can ask the court to change a full no-contact order to allow peaceful or child-related contact, or to lift a move-out condition — presenting the protected person's wishes, the circumstances, and any safety plan. Judges do modify these orders where the request is sound.
Can I contact the protected person if they say it's okay?
No. You must follow the order exactly until a judge changes it. Contact — even if the protected person initiates it — is a misdemeanor under Penal Code § 166(c)(1), punishable by up to one year in county jail and/or a $1,000 fine, since this is a criminal protective order issued under Penal Code § 136.2. A verbal 'it's fine' does not protect you; the only safe change is one made on the record by the court.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com