California Laws - Family Code
Part 3. Emergency Protective Orders

California Laws - Family Code
DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE
PART 3. EMERGENCY PROTECTIVE ORDERS

PART 3. EMERGENCY PROTECTIVE ORDERS ⁽³⁸⁰²⁾(1-click HTML)

CHAPTER 1. GENERAL PROVISIONS (6240-6241) ⁽³⁸⁰³⁾(1-click HTML)

6240. As used in this part: ⁽³⁸⁰⁴⁾

(a) "Judicial officer" means a judge, commissioner, or referee designated under Section 6241. ⁽³⁸⁰⁵⁾

(b) "Law enforcement officer" means one of the following officers who requests or enforces an emergency protective order under this part: ⁽³⁸⁰⁶⁾

(1) A police officer. ⁽³⁸⁰⁷⁾

(2) A sheriff's officer. ⁽³⁸⁰⁸⁾

(3) A peace officer of the Department of the California Highway Patrol. ⁽³⁸⁰⁹⁾

(4) A peace officer of the University of California Police Department. ⁽³⁸¹⁰⁾

(5) A peace officer of the California State University and College Police Departments. ⁽³⁸¹¹⁾

(6) A peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2 of the Penal Code. ⁽³⁸¹²⁾

(7) A peace officer of the Department of General Services of the City of Los Angeles, as defined in subdivision (c) of Section 830.31 of the Penal Code. ⁽³⁸¹³⁾

(8) A housing authority patrol officer, as defined in subdivision (d) of Section 830.31 of the Penal Code. ⁽³⁸¹⁴⁾

(9) A peace officer for a district attorney, as defined in Section 830.1 or 830.35 of the Penal Code. ⁽³⁸¹⁵⁾

(10) A parole officer, probation officer, or deputy probation officer, as defined in Section 830.5 of the Penal Code. ⁽³⁸¹⁶⁾

(11) A peace officer of a California Community College police department, as defined in subdivision (a) of Section 830.32. ⁽³⁸¹⁷⁾

(12) A peace officer employed by a police department of a school district, as defined in subdivision (b) of Section 830.32. ⁽³⁸¹⁸⁾

(c) "Abduct" means take, entice away, keep, withhold, or conceal. ⁽³⁸¹⁹⁾

6241. The presiding judge of the superior court in each county shall designate at least one judge, commissioner, or referee to be reasonably available to issue orally, by telephone or otherwise, emergency protective orders at all times whether or not the court is in session. ⁽³⁸²⁰⁾

CHAPTER 2. ISSUANCE AND EFFECT OF EMERGENCY PROTECTIVE ORDER (6250-6257) ⁽³⁸²¹⁾(1-click HTML)

6250. A judicial officer may issue an ex parte emergency protective order where a law enforcement officer asserts reasonable grounds to believe any of the following: ⁽³⁸²²⁾

(a) That a person is in immediate and present danger of domestic violence, based on the person's allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought. ⁽³⁸²³⁾

(b) That a child is in immediate and present danger of abuse by a family or household member, based on an allegation of a recent incident of abuse or threat of abuse by the family or household member. ⁽³⁸²⁴⁾

(c) That a child is in immediate and present danger of being abducted by a parent or relative, based on a reasonable belief that a person has an intent to abduct the child or flee with the child from the jurisdiction or based on an allegation of a recent threat to abduct the child or flee with the child from the jurisdiction. ⁽³⁸²⁵⁾

(d) That an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code, based on an allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought, except that no emergency protective order shall be issued based solely on an allegation of financial abuse. ⁽³⁸²⁶⁾

6250.3. An emergency protective order is valid only if it is issued by a judicial officer after making the findings required by Section 6251 and pursuant to a specific request by a law enforcement officer. ⁽³⁸²⁷⁾

6250.5. A judicial officer may issue an ex parte emergency protective order to a peace officer defined in subdivisions (a) and (b) of Section 830.32 if the issuance of that order is consistent with an existing memorandum of understanding between the college or school police department where the peace officer is employed and the sheriff or police chief of the city in whose jurisdiction the peace officer's college or school is located and the peace officer asserts reasonable grounds to believe that there is a demonstrated threat to campus safety. ⁽³⁸²⁸⁾

6251. An emergency protective order may be issued only if the judicial officer finds both of the following: ⁽³⁸²⁹⁾

(a) That reasonable grounds have been asserted to believe that an immediate and present danger of domestic violence exists, that a child is in immediate and present danger of abuse or abduction, or that an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code. ⁽³⁸³⁰⁾

(b) That an emergency protective order is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, or abuse of an elder or dependent adult. ⁽³⁸³¹⁾

6252. An emergency protective order may include any of the following specific orders, as appropriate: ⁽³⁸³²⁾

(a) A protective order, as defined in Section 6218. ⁽³⁸³³⁾

(b) An order determining the temporary care and control of any minor child of the endangered person and the person against whom the order is sought. ⁽³⁸³⁴⁾

(c) An order authorized in Section 213.5 of the Welfare and Institutions Code, including provisions placing the temporary care and control of the endangered child and any other minor children in the family or household with the parent or guardian of the endangered child who is not a restrained party. ⁽³⁸³⁵⁾

(d) An order determining the temporary care and control of any minor child who is in danger of being abducted. ⁽³⁸³⁶⁾

(e) An order authorized by Section 15657.03 of the Welfare and Institutions Code. ⁽³⁸³⁷⁾

6252.5. (a) The court shall order that any party enjoined pursuant to an order issued under this part be prohibited from taking any action to obtain the address or location of a protected party or a protected party's family members, caretakers, or guardian, unless there is good cause not to make that order. ⁽³⁸³⁸⁾

(b) The Judicial Council shall promulgate forms necessary to effectuate this section. ⁽³⁸³⁹⁾

6253. An emergency protective order shall include all of the following: ⁽³⁸⁴⁰⁾

(a) A statement of the grounds asserted for the order. ⁽³⁸⁴¹⁾

(b) The date and time the order expires. ⁽³⁸⁴²⁾

(c) The address of the superior court for the district or county in which the endangered person or child in danger of being abducted resides. ⁽³⁸⁴³⁾

(d) The following statements, which shall be printed in English and Spanish: ⁽³⁸⁴⁴⁾

(1) "To the Protected Person: This order will last only until the date and time noted above. If you wish to seek continuing protection, you will have to apply for an order from the court, at the address noted above. You may seek the advice of an attorney as to any matter connected with your application for any future court orders. The attorney should be consulted promptly so that the attorney may assist you in making your application." ⁽³⁸⁴⁵⁾

(2) "To the Restrained Person: This order will last until the date and time noted above. The protected party may, however, obtain a more permanent restraining order from the court. You may seek the advice of an attorney as to any matter connected with the application. The attorney should be consulted promptly so that the attorney may assist you in responding to the application." ⁽³⁸⁴⁶⁾

(e) In the case of an endangered child, the following statement, which shall be printed in English and Spanish: "This order will last only until the date and time noted above. You may apply for a more permanent restraining order under Section 213.5 of the Welfare and Institutions Code from the court at the address noted above. You may seek the advice of an attorney in connection with the application for a more permanent restraining order." ⁽³⁸⁴⁷⁾

(f) In the case of a child in danger of being abducted, the following statement, which shall be printed in English and Spanish: "This order will last only until the date and time noted above. You may apply for a child custody order from the court, at the address noted above. You may seek the advice of an attorney as to any matter connected with the application. The attorney should be consulted promptly so that the attorney may assist you in responding to the application." ⁽³⁸⁴⁸⁾

6254. The fact that the endangered person has left the household to avoid abuse does not affect the availability of an emergency protective order. ⁽³⁸⁴⁹⁾

6255. An emergency protective order shall be issued without prejudice to any person. ⁽³⁸⁵⁰⁾

6256. An emergency protective order expires at the earlier of the following times: ⁽³⁸⁵¹⁾

(a) The close of judicial business on the fifth court day following the day of its issuance. ⁽³⁸⁵²⁾

(b) The seventh calendar day following the day of its issuance. ⁽³⁸⁵³⁾

6257. If an emergency protective order concerns an endangered child, the child's parent or guardian who is not a restrained person, or a person having temporary custody of the endangered child, may apply to the court for a restraining order under Section 213.5 of the Welfare and Institutions Code. ⁽³⁸⁵⁴⁾

CHAPTER 3. DUTIES OF LAW ENFORCEMENT OFFICER (6270-6275) ⁽³⁸⁵⁵⁾(1-click HTML)

6270. A law enforcement officer who requests an emergency protective order shall reduce the order to writing and sign it. ⁽³⁸⁵⁶⁾

6271. A law enforcement officer who requests an emergency protective order shall do all of the following: ⁽³⁸⁵⁷⁾

(a) Serve the order on the restrained person, if the restrained person can reasonably be located. ⁽³⁸⁵⁸⁾

(b) Give a copy of the order to the protected person or, if the protected person is a minor child, to a parent or guardian of the endangered child who is not a restrained person, if the parent or guardian can reasonably be located, or to a person having temporary custody of the endangered child. ⁽³⁸⁵⁹⁾

(c) File a copy of the order with the court as soon as practicable after issuance. ⁽³⁸⁶⁰⁾

6272. (a) A law enforcement officer shall use every reasonable means to enforce an emergency protective order. ⁽³⁸⁶¹⁾

(b) A law enforcement officer who acts in good faith to enforce an emergency protective order is not civilly or criminally liable. ⁽³⁸⁶²⁾

6273. A law enforcement officer who requests an emergency protective order shall carry copies of the order while on duty. ⁽³⁸⁶³⁾

6274. A peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, may seek an emergency protective order relating to stalking under Section 646.91 of the Penal Code if the requirements of that section are complied with. ⁽³⁸⁶⁴⁾

6275. (a) A law enforcement officer who responds to a situation in which the officer believes that there may be grounds for the issuance of an emergency protective order pursuant to Section 6250 of this code or Section 646.91 of the Penal Code, shall inform the person for whom an emergency protective order may be sought, or, if that person is a minor, his or her parent or guardian, provided that the parent or guardian is not the person against whom the emergency protective order may be obtained, that he or she may request the officer to request an emergency protective order pursuant to this part. ⁽³⁸⁶⁵⁾

(b) Notwithstanding Section 6250, and pursuant to this part, an officer shall request an emergency protective order if the officer believes that the person requesting an emergency protective order is in immediate and present danger. ⁽³⁸⁶⁶⁾