By Lorelei Olivas
MODESTO, CA – Judge Gloria Rhynes ordered a criminal protective order be issued in the case of Daniel Baudino here in Stanislaus County Superior Court last week after counsel argued their respective sides, both citing penal code and previous cases.
Baudino is facing sexual assault charges after a former student of his accused him of sexual crimes. He was first arrested on Nov. 1, then posted bail and was released.
However, he was then arrested again when new evidence surfaced after search warrants were served. Baudino now faces 10 additional charges, mostly involving alleged sexual penetration with force.
Deputy District Attorney Samuel Luzadas asked that stay away orders be issued in this case, and Baudino’s private Defense Attorney Eric Schweitzer objected.
“These are not cases that come within the ambit of the family code. They’re not family law cases, they’re not domestic violence cases. These cases are not within the exception that was carved out for the issuance of criminal protective orders,” Schweitzer said, arguing this case is not one of domestic violence, therefore the protective orders should not be issued.
However, DDA Luzadas disagreed, citing certain exceptions under the penal code.
“Mr. Schweitzer mentioned that this is not a domestic violence case, but in all of these cases, as you can see from the date range, there was a couple months and even more of some type of relationship between the defendant and these victims in which multiple sexual acts occurred that are alleged in the complaint. So under both of those exceptions we do believe that there is grounds for issuing a criminal protective order,” Luzadas said.
Judge Rhynes sided with the prosecution and issued the protective orders.
“I do think that the exception is carved out expressly under the statute, counsel, and so in that regard, I am going to issue the protective orders in this matter,” Judge Rhynes said.