By Michael Phillips – Father & Co.

Protective orders were never meant to become shields that keep parents from understanding the evidence used against them. Under California law, discovery can be restricted only when prosecutors show good cause — usually rooted in legitimate safety concerns under Marsy’s Law. Yet across the state, a quiet shift has turned these narrow exceptions into routine barriers.

And when this happens to a parent, the consequences aren’t limited to the courtroom.
They ripple directly into custody, visitation, CPS findings, and the fragile bond between parent and child.

A System That Now Defaults to Secrecy

Public defenders across Los Angeles, Sacramento, and the Bay Area report an alarming trend: boilerplate protective orders are being used in everyday criminal cases, even when the information isn’t sensitive. These blanket restrictions can prevent a parent from:

• Keeping a copy of the police report
• Sharing evidence with experts, therapists, cultural interpreters, or family advocates
• Reviewing body-cam footage without a lawyer present
• Taking notes to prepare for trial or custody hearings

Every one of these barriers weakens a parent’s ability to defend themselves — not only in criminal court, but in family court, where access to the truth is everything.

In a 2023 Judicial Council analysis of criminal case delays, the state warned specifically that limited discovery access “significantly impedes meaningful participation” for defendants with language barriers or disabilities. These are the very parents already most at risk of losing their children.

Why This Matters for Custody Cases

For many parents — especially fathers, low-income parents, and parents of color — a criminal allegation triggers:

• supervised visitation
• emergency child-custody orders
• limited communication with children
• mandatory CPS inquiries

If a parent cannot see or understand the evidence being used against them, how can they defend against parallel custody actions? How can they correct misinformation in a CPS report? How can they prove that the allegations don’t justify cutting off the relationship with their child?

They can’t — and the system knows it.

The Human Cost of Boilerplate Orders

These restrictions disproportionately harm:

• single parents
• parents working multiple jobs
• parents with disabilities
• non-English speakers
• parents facing accusations weaponized in custody disputes

A Los Angeles County Public Defender, speaking in a 2023 training, put it plainly:
“When a protective order stops a parent from understanding their case, it’s not just due process that’s at stake — it’s their children.”

This is the story no one is telling.
Protective orders aren’t just a criminal-justice issue.
They’re a family-destruction issue.

California Must Stop This Before More Families Are Torn Apart

Parents need:

• full access to non-sensitive discovery
• the ability to share evidence with trusted advocates and experts
• clear, individualized protective-order findings
• meaningful timelines for review

And above all, parents need a system that does not weaponize secrecy to erode their rights — or their children’s right to a meaningful relationship with them.

Protective orders should protect people, not destroy families. California must choose which purpose it will serve.

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