Babalola

Babalola v. Superior Court

Good Law
121 Cal. Rptr. 3d 740·192 Cal. App. 4th 948·2011 Cal. App. LEXIS 170
Court of Appeal of CaliforniaFebruary 14, 2011No. B226170California7,195 words

Opinion

Lead Opinion

Perluss, J.

Code section 136.2, subdivision (a), 1 authorizes the trial court in a criminal case, “upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur,” to issue orders (generally referred to as “criminal protective orders”) including an ex parte no-contact or stay-away order pursuant to Family Code section 6320; 2 an order that the defendant or any other person before the court not violate any provision of section 136.1, which prohibits intimidation of victims or witnesses; an order that the defendant have no communication with the victim or a specified witness except through an attorney; and an order protecting the victim of a violent crime from all contact by the defendant.

*951 In People v. Stone (2004) 123 Cal.App.4th 153 [ 19 Cal.Rptr.3d 771 ] (Stone) Division Two of this court construed section 136.2 narrowly, holding restraining orders authorized by this provision “are those aimed at preserving the integrity of the administration of criminal court proceedings and protecting those involved in them. It therefore follows that the required good cause must show a threat, or likely threat to…

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