Cr 165 Form – Fill Out and Use This PDF

Cr 165 Form PDF Details

The CR-165 form is the official California court document used to end a protective order issued during a criminal proceeding. Courts issue this form when the circumstances requiring the order have changed, when the case resolves, or when a judge determines the protective order is no longer needed. The form notifies all relevant parties that the order is terminated, including the Department of Justice, which updates the California Law Enforcement Telecommunications System (CLETS).

Who Needs to File the CR-165 Form?

The CR-165 form is filed in the Superior Court of California and involves several parties in a criminal case:

• Prosecuting attorneys who initiate the termination process on behalf of the state
• Defense attorneys requesting that the court terminate the order when circumstances change
• Judges who issue the termination order after reviewing the case record
• Law enforcement agencies that must update their records after the order is terminated

This form applies only to protective orders in criminal proceedings. Existing orders from family court, juvenile court, or probate court are not affected. For civil harassment restraining orders, see the CH-100 form. For domestic violence restraining orders, the DV-100 form is the starting point.

Key Information the CR-165 Form Contains

The CR-165 form captures several critical details needed to process the termination:

• Case number and court details identifying the original criminal proceeding
• Names of all protected persons listed on the original order
• The effective date of the termination
• Instructions specifying whether the order is terminated in full or in part
• Requirements for updating CLETS records to reflect the change in legal status

What Happens After the CR-165 Form Is Filed?

Once the judge signs the CR-165 form, a specific sequence of steps follows. The court or its designee must notify the Department of Justice by transmitting a physical copy of the order or entering the termination into CLETS. The prosecuting agency is responsible for informing the previously protected person that the order has ended.

Related California court forms used in criminal proceedings include the CR-101 form for arraignment proceedings and the CR-150 form. Parties in domestic violence cases may also need the DV-109 form for notice of court hearing.

Frequently Asked Questions

Does completing the CR-165 form automatically terminate the protective order?

No. The CR-165 form only takes effect once it is signed by a judge. Filing the form initiates the process, but the judge must review and approve the termination before it becomes official.

Can the protected person object to the termination?

Yes. The prosecuting agency is required to notify the protected person of the termination. If the protected person has concerns about safety, they should contact the prosecuting agency or seek legal counsel before the order is terminated.

How is the termination recorded in CLETS?

The court enters the termination into the California Law Enforcement Telecommunications System (CLETS) database. This ensures all law enforcement agencies have current information. The process is similar to updates required for other protective order forms such as the DV-260 form.