People v. McElvany CA5

DISCUSSION

“Under section 136.2 …, during the pendency of a criminal proceeding when the court has a ‘good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur,’ the court is authorized to issue a restraining order. However, section 136.2 is limited ‘to the pendency of [a] criminal action’ because section 136.2 ‘is aimed at protecting only “victim[s] or witness[es].”’ (People v. Stone (2004) 123 Cal.App.4th 153, 159 (Stone).)” (People v. Selga (2008) 162 Cal.App.4th 113, 118.) “Because the only purpose of orders under section 136.2 ‘is to protect victims and witnesses in connection with the criminal proceeding in which the restraining order is issued in order to allow participation without fear of reprisal,’ the duration of such an order ‘is limited by the purposes it seeks to accomplish in the criminal proceeding.’ (Stone, supra, 123 Cal.App.4th at pp. 159-160.) That is, the protective orders issued under section 136.2 [are] operative only during the pendency of the criminal proceedings and as prejudgment orders. (Stone, supra, at p. 160.)” (People v. Selga, supra, 162 Cal.App.4th at pp. 118-119; see…