In a protective order under the CCP (for victim of sexual assault, as opposed to the usual Family Code PO), if the respondent waives a hearing and agrees to the PO, can the Petitioner waive the otherwise required findings that sexual assault occurred? I have found nothing on Westlaw, but in Family Code PO's the "required findings" are very often waived to obtain an agreement. I think that a PO can still be valid under the CCP without the findings, if the Respondent agrees to it, because the Respondent would then be collaterally estopped from claiming it's an illegal order (kind of like an illegal sentence in Respondent's favor).

Have a hearing on the issue this morning, and my research has come up dry (guess no one appeals these!).

The problem with the FC PO when you waive the violence findings is that it no longer is a family violence PO, it becomes a PO under a different provision that is allowed in the FC. So waiving the finding in the criminal version does not leave you a fall back--but your collateral estoppel argument may get around that.

Thanks; we got the findings anyway