Crime involving domestic violence (per Penal Code 13700 or Family Code 6211)
PC 236.1(a), (b), or (c)
PC 261, 261.5, former PC 262, PC 266h(a), or PC 266i(a)
PC 186.22
Crime requiring 290 Reg
A victim is statutorily defined as “any natural person with respect to whom there is reason to believe that any crime as defined under the laws of this state … is being or has been perpetrated or attempted to be perpetrated.” (PC 136(3); see People v. Delarosarauda (2014) 227 Cal.App.4th 205, 211.)
“A protective order is available for one or more persons [under PC 136.2(i)(1)] as long as each person is a ‘victim’ of any one of the specifically enumerated crimes under section 136.2(i)(1) for which the defendant has been convicted.” (People v. Walts (June 23, 2025) F087907.)
“[S]o long as there is reason to believe that an enumerated section 136.2(i)(1) offense for which the defendant was convicted ‘is being or has been perpetrated or attempted to be perpetrated’ against a particular person, that person is a ‘victim’ who may be protected by a section 136.2(i)(1) protective order.” (People v. Walts (June 23, 2025) F087907.)
In Walts, D was convicted of a single count of PC 288.5(a). T.W., the named victim, was a ‘victim’ for purposes of a postconviction protective order under PC 136.2(i)(1). T.W.’s mother, Tina, was not a named victim. Therefore, Tina was not a ‘victim’ for purposes of a postconviction protective order under PC 136.2(i)(1) and could not be listed as a protected party under the order.
PC 646.9(k)(1) Post-Conviction Protective Orders
A member of the immediate family of a stalking victim (PC 646.9(a)) who suffers emotional harm is a “victim” for purposes of a postconviction restraining order. (People v. Clayburg (2012) 211 Cal.App.4th 86, 88.)
Immediate family means any spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household. (PC 646.9(l).)
Length of protective order: up to 10 years. (PC 646.9(k)(1).)