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California Laws | Family Code
DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE
PART 2. GENERAL PROVISIONS (6220-6229)

(3) A representative of the victim does not include any person who has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, of the victim, or any person identified in the incident report face sheet as a suspect. (3795)

(4) Domestic violence incident report face sheets may not be provided to a representative of the victim unless both of the following conditions are met: (3796)

(A) The representative presents his or her identification, such as a current, valid driver's license, a state-issued identification card, or a passport. (3797)

(B) The representative presents one of the following: (3798)

(i) If the victim is deceased, a certified copy of the death certificate or other satisfactory evidence of the death of the victim at the time of the request. (3799)

(ii) If the victim is alive, 12 years of age or older, and not the subject of a conservatorship, a written authorization signed by the victim making him or her the victim's personal representative. (3800)

6229. A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for a temporary restraining order or injunction, or both, under this division as provided in Section 374 of the Code of Civil Procedure. (3801)

PART 3. EMERGENCY PROTECTIVE ORDERS (3802)(Text)

CHAPTER 1. GENERAL PROVISIONS (6240-6241) (3803)(Text)

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)(Text)

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)

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