BILL NUMBER: AB 1596	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 19, 2010
	AMENDED IN ASSEMBLY  MARCH 23, 2010
	AMENDED IN ASSEMBLY  MARCH 4, 2010

INTRODUCED BY   Assembly Member Hayashi

                        JANUARY 4, 2010

    An act to add Section 527.11 to the Code of Civil
Procedure, and to amend Section 136.2 of, and to add Section 269.1
to, the Penal Code,    An act to amend Sections 527.6,
527.8, 527.10, 527.85, and 527.9 of, and to add Section 527.11 to,
the Code of Civil Procedure, to amend Sections 241, 242, 243, 244,
245, 246, 6304, 6320, 6320.5, 6322.7, 6345, 6380, 6384, 6387, and
6389 of, to add Section 6229 to, and to repeal and add Section 6302
of, the Family Code, to amend Section 6103.2 of the Government Code,
to amend Section 136.2 of the Penal Code, and to amend Sections
213.5, 15657.03, and 15657.04 of the Welfare and Institutions Code,
  relating to protective orders.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1596, as amended, Hayashi. Protective orders: emergency
protective orders: enforcement priority. 
   Existing 
    (1)     Existing  law authorizes a
court to issue various types of restraining and protective orders to
enjoin a person from engaging in specified acts against another
person.
   This bill would provide that, in the event multiple and
conflicting restraining or protective orders are issued against the
same person for the protection of the same individual or individuals
named in the orders, the orders shall be enforced in a manner that
provides the greatest protection to the individuals protected under
the orders and provides the most restrictions to the restrained
party. 
   (2) Existing law authorizes a court, on a showing of good cause,
to include in a civil harassment restraining order other named family
or household members who reside with the plaintiff.  
   This bill would eliminate the requirement of residence with the
plaintiff.  
   (3) Existing law provides that a hearing on a petition for a civil
harassment or workplace violence restraining order must be held
within 15 days from the date a temporary restraining order is issued,
or within 21 days, if good cause appears to the court.  
   This bill would provide that a hearing on a petition for a civil
harassment or workplace violence restraining order must be held
within 21 days from the date a temporary restraining order is granted
or denied, or within 25 days, if good cause appears to the court.
 
   (4) Existing law requires the court to order the plaintiff, or his
or her attorney, to deliver a copy of each civil harassment,
workplace violence, or elder or dependent adult abuse restraining
order to specified law enforcement agencies within one business day.
Existing law requires the Department of Justice to maintain a
statewide telecommunications system, entitled the California Law
Enforcement Telecommunications System, for use by law enforcement
agencies.  
   This bill would provide that courts may alternately transmit these
orders to law enforcement for entry into the California Law
Enforcement Telecommunications System (CLETS), or enter the order
directly into CLETS with the approval of the Department of Justice.
 
   (5) Existing law provides that an elder or dependent adult who has
suffered abuse may seek a protective order.  
   This bill would allow an action to be brought on behalf of an
elder or dependent adult by a conservator or by specified other
authorized persons.  
   (6) This bill also would make technical and conforming changes to
those provisions of law that govern the issuance of protective
orders. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 527.6 of the   Code of
Civil Procedure   is amended to read: 
   527.6.  (a)  (1)    A person who has suffered
harassment as defined in subdivision (b) may seek a temporary
restraining order and an injunction prohibiting harassment as
provided in this section. 
   (2) 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 section as provided in Section 374. 
   (b) For the purposes of this section , "harassment" is
  :  
   (1) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an individual,
making harassing telephone calls to an individual, or sending
harassing correspondence to an individual by any means, including,
but not limited to, the use of public or private mails, interoffice
mail, fax, or computer e-mail. Constitutionally protected activity is
not included within the meaning of "course of conduct."  
   (2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose. 
    (3)     "Harassment" is  unlawful
violence, a credible threat of violence, or a knowing and willful
course of conduct directed at a specific person that seriously
alarms, annoys, or harasses the person, and that serves no legitimate
purpose. The course of conduct must be such as would cause a
reasonable person to suffer substantial emotional distress, and must
actually cause substantial emotional distress to the 
plaintiff   petitioner  . 
   (4) "Petitioner" means the person to be protected by the temporary
restraining order and injunction and, if the court grants the
petition, the protected person.  
   (5) "Respondent" means the person against whom the temporary
restraining order and injunction are sought and, if the petition is
granted, the restrained person.  
   (6) "Temporary restraining order" and "injunction" mean orders
that include any of the following restraining orders, whether issued
ex parte or after notice and hearing:  
   (A) An order enjoining a party from harassing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, abusing, telephoning, including, but not
limited to, making annoying telephone calls, as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of the petitioner.
 
   (B) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph (A).  
   As used in this subdivision:  
   (1) 
   (7)  "Unlawful violence" is any assault or battery, or
stalking as prohibited in Section 646.9 of the Penal Code, but shall
not include lawful acts of self-defense or defense of others.

   (2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.  
   (3) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an individual,
making harassing telephone calls to an individual, or sending
harassing correspondence to an individual by any means, including,
but not limited to, the use of public or private mails, interoffice
mail, fax, or computer e-mail. Constitutionally protected activity is
not included within the meaning of "course of conduct." 

   (c) In the discretion of the court, on a showing of good cause, a
temporary restraining order or injunction issued under this section
may include other named family or household members.  
   (c) 
    (d)  Upon filing a petition for an injunction under this
section, the  plaintiff   petitioner  may
obtain a temporary restraining order in accordance with Section 527,
except to the extent this section provides a rule that is
inconsistent.  The temporary restraining order may include any of
the restraining orders described in paragraph (6) of subdivision
(b).  A temporary restraining order may be issued with or
without notice  upon an affidavit   , based on a
declaration  that, to the satisfaction of the court, shows
reasonable proof of harassment of the  plaintiff 
 petitioner  by the  defendant  
respondent  , and that great or irreparable harm would result to
the  plaintiff   petitioner  .  In
the discretion of the court, and on a showing of good cause, a
temporary restraining order or injunction, issued under this section
may include other named family or household members who reside with
the plaintiff. A  
   (e) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court. 
    (f)     A  temporary restraining order
issued under this section shall remain in effect, at the court's
discretion, for a period not to exceed  15   21
 days, or, if the court extends the time for hearing under
subdivision  (d)   (g)  , not to exceed
 22   25  days, unless otherwise modified
or terminated by the court. 
   (d) 
    (g)  Within  15   21  days,
or, if good cause appears to the court,  22   25
 days from the date  the temporary restraining
  that a petition for a temporary  order is
 issued   granted or denied  , a hearing
shall be held on the petition for the injunction.  The
defendant   If no request for temporary orders is made,
the hearing shall be held within 21 days, or, if good cause appears
to the court, 25 days, from the date that the petition is filed.

    (h)     The respondent  may file a
response that explains, excuses, justifies, or denies the alleged
harassment or may file a  cross-complaint  
cross-petition  under this section.  At 
    (i)     At  the hearing, the judge
shall receive any testimony that is relevant, and may make an
independent inquiry. If the judge finds by clear and convincing
evidence that unlawful harassment exists, an injunction shall issue
prohibiting the harassment.  An injunction issued pursuant to
this section shall have a duration of not more than three years. At
any time within the three months before the expiration of the
injunction, the plaintiff may apply for a renewal of the injunction
by filing a new petition for an injunction under this section.
 
   (j) (1) In the discretion of the court, an order issued after
notice and hearing under this section may have a duration of not more
than three years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years,
without a showing of any further harassment since the issuance of the
original order, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. The request for renewal may be brought
at any time within the three months before the expiration of the
order.  
   (2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.  
   (e) 
    (k)  This section does not preclude either party from
representation by private counsel or from appearing on the party's
own behalf. 
   (f) 
    (l)  In a proceeding under this section if there are
allegations  of unlawful violence  or  credible 
threats of  domestic  violence, a support person may
accompany a party in court and, if the party is not represented by
an attorney, may sit with the party at the table that is generally
reserved for the party and the party's attorney. The support person
is present to provide moral and emotional support for a person who
alleges he or she is a victim of  domestic 
violence. The support person is not present as a legal adviser and
may not provide legal advice. The support person may assist the
person who alleges he or she is a victim of  domestic
 violence in feeling more confident that he or she will not
be injured or threatened by the other party during the proceedings if
the person who alleges he or she is a victim of  domestic
 violence and the other party are required to be present in
close proximity. This subdivision does not preclude the court from
exercising its discretion to remove the support person from the
courtroom if the court believes the support person is prompting,
swaying, or influencing the party assisted by the support person.

   (g) 
    (m)  Upon the filing of a petition for an injunction
under this section, the  defendant   respondent
 shall be personally served with a copy of the petition,
temporary restraining order, if any, and notice of hearing of the
petition. Service shall be made at least five days before the
hearing. The court may for good cause, on motion of the 
plaintiff   petitioner  or on its own motion,
shorten the time for service on the  defendant  
respondent  . 
   (n) A notice of hearing under this section shall notify the
respondent that if he or she does not attend the hearing, the court
may make orders against him or her that could last up to three years.
 
   (o) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing. 

   (2) The reissued order shall state on its face the date of
expiration of the order.  
   (p) (1) If a respondent, named in a restraining order issued after
a hearing, has not been served personally with the order but has
received actual notice of the existence and substance of the order
through personal appearance in court to hear the terms of the order
from the court, no additional proof of service is required for
enforcement of the order.  
   (2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the respondent does not appear at the hearing,
either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are
identical to the temporary restraining order, except for the duration
of the order, then the restraining order or protective order issued
at the hearing may be served on the respondent by first-class mail
sent to the respondent at the most current address for the respondent
available to the court.  
   (3) The Judicial Council form for temporary orders issued pursuant
to this subdivision shall contain a statement in substantially the
following form: 

   "If you have been personally served with this temporary
restraining order and notice of hearing, but you do not appear at the
hearing either in person or by a lawyer, and a restraining order
that is the same as this temporary restraining order except for the
expiration date is issued at the hearing, a copy of the restraining
order will be served on you by mail at the following address: ____.
 
   If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court." 

   (q) (1) Information on any temporary restraining order or
injunction relating to civil harassment issued by a court pursuant to
this section shall be transmitted to the Department of Justice in
accordance with either paragraph (2) or (3).  
   (h) 
    (2)  The court shall order the  plaintiff
  petitioner  or the attorney for the 
plaintiff   petitioner  to deliver a copy of
 each temporary restraining order or injunction, or
modification or termination thereof, granted under this section
  an order issued under this section, or reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service  , by the close of the business day
on which the order  was granted, to the law enforcement
agencies within the court's discretion as are requested by the
plaintiff. Each   , reissuance, extension, modification,
or termination was made, to a law enforcement agency having
jurisdiction over the residence of the petitioner and to any
additional   law enforcement agencies within the court's
discretion as are requested by the petitioner.  
   (3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
 
   (A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).  
   (B) With the approval of the Department of Justice, entering the
order or proof of service into CLETS directly. 
    (4)     Each  appropriate law
enforcement agency shall make available information as to the
existence and current status of these orders to law enforcement
officers responding to the scene of reported harassment. 
   An 
    (5)     An  order issued under this
section shall, on request of the  plaintiff  
petitioner , be served on the  defendant  
respondent  , whether or not the  defendant 
 respondent  has been taken into custody, by any law
enforcement officer who is present at the scene of reported
harassment involving the parties to the proceeding. The 
plaintiff   petitioner  shall provide the officer
with an endorsed copy of the order and a proof of service that the
officer shall complete and send to the issuing court. 
   Upon 
    (6)     Upon  receiving information at
the scene of an incident of harassment that a protective order has
been issued under this section, or that a person who has been taken
into custody is the subject of an order, if the protected person
cannot produce a certified copy of the order, a law enforcement
officer shall immediately attempt to verify the existence of the
order. 
   If 
    (7)     If  the law enforcement
officer determines that a protective order has been issued, but not
served, the officer shall immediately notify the  defendant
  respondent  of the terms of the order and shall
at that time also enforce the order. Verbal notice of the terms of
the order shall constitute service of the order and is sufficient
notice for the purposes of this section and for the purposes of
Section 273.6 and subdivision (g) of Section 12021 of the Penal Code.

   (i) 
    (r)  The prevailing party in any action brought under
this section may be awarded court costs and attorney's fees, if any.

   (j) 
    (s)  Any willful disobedience of any temporary
restraining order or injunction granted under this section is
punishable pursuant to Section 273.6 of the Penal Code. 
   (k) 
    (t)  (1) A person subject to a protective order issued
under this section shall not own, possess, purchase, receive, or
attempt to purchase or receive a firearm  or ammunition 
while the protective order is in effect.
   (2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
   (3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm  or ammunition 
while the protective order is in effect is punishable pursuant to
subdivision (g) of Section 12021 of the Penal Code. 
   (  l  )
    (u)  This section does not apply to any action or
proceeding covered by Title 1.6C (commencing with Section 1788) of
the Civil Code or by Division 10 (commencing with Section 6200) of
the Family Code. This section does not preclude a  plaintiff
  petitioner  from using other existing civil
remedies. 
   (m) 
    (v)     (1)  The Judicial Council
shall  promulgate   develop  forms 
and   ,  instructions therefor  ,
and rules  for service of process, scheduling of hearings,
and any other   relating to  matters 
required   governed  by this section. The petition
and response forms shall be simple and concise, and their use by
parties in actions brought pursuant to this section shall be
mandatory. 
   (n) 
    (2)  A temporary restraining order or injunction
relating to  civil  harassment  or domestic violence
 issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.

   (o) Information on any temporary restraining order or injunction
relating to harassment or domestic violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with subdivision (b) of Section 6380 of the
Family Code.  
   (p) 
    (w)  There is no filing fee for a petition that alleges
that a person has inflicted or threatened violence against the
petitioner, or stalked the petitioner, or acted or spoken in any
other manner that has placed the petitioner in reasonable fear of
violence, and that seeks a protective or restraining order or
injunction restraining stalking or future violence or threats of
violence, in any action brought pursuant to this section. No fee
shall be paid for a subpoena filed in connection with a petition
alleging these acts. No fee shall be paid for filing a response to a
petition alleging these acts. 
   (q) 
    (x)  (1) Subject to paragraph (4) of subdivision (b) of
Section 6103.2 of the Government Code, there shall be no fee for the
service of process  by a sheriff or marshal  of a protective
order, restraining order, or injunction to be issued, if 
any   either  of the following conditions apply:
   (A) The protective order, restraining order, or injunction issued
pursuant to this section is based upon stalking, as prohibited by
Section 646.9 of the Penal Code.
   (B) The protective order, restraining order, or injunction issued
pursuant to this section is based upon  unlawful violence or
 a credible threat of violence. 
   (C) The protective order, restraining order, or injunction is
issued pursuant to Section 6222 of the Family Code. 
   (2) The Judicial Council shall prepare and develop 
application  forms for  applicants  
persons  who wish to avail themselves of the services described
in this subdivision.
   SEC. 2.    Section 527.8 of the   Code of
Civil Procedure   is amended to read: 
   527.8.  (a) Any employer, whose employee has suffered unlawful
violence or a credible threat of violence from any individual, that
can reasonably be construed to be carried out or to have been carried
out at the workplace, may seek a temporary restraining order and an
injunction on behalf of the employee and, at the discretion of the
court, any number of other employees at the workplace, and, if
appropriate, other employees at other workplaces of the employer.
   (b) For the purposes of this section: 
   (1) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.  
   (2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.  
   (3) 
    (1)  "Course of conduct" is a pattern of conduct
composed of a series of acts over a period of time, however short,
evidencing a continuity of purpose, including following or stalking
an employee to or from the place of work; entering the workplace;
following an employee during hours of employment; making telephone
calls to an employee; or sending correspondence to an employee by any
means, including, but not limited to, the use of the public or
private mails, interoffice mail, fax, or computer e-mail. 
   (2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.  
   (3) "Employer" and "employee" mean persons defined in Section 350
of the Labor Code. "Employer" also includes a federal agency, the
state, a state agency, a city, county, or district, and a private,
public, or quasi-public corporation, or any public agency thereof or
therein. "Employee" also includes the members of boards of directors
of private, public, and quasi-public corporations and elected and
appointed public officers. For purposes of this section only,
"employee" also includes a volunteer or independent contractor who
performs services for the employer at the employer's worksite. 

   (4) "Petitioner" means the employer that petitions under
subdivision (a) for a temporary restraining order and injunction.
 
   (5) "Respondent" means the person against whom the temporary
restraining order and injunction are sought and, if the petition is
granted, the restrained person.  
   (6) "Temporary restraining order" and "injunction" mean orders
that include any of the following restraining orders, whether issued
ex parte or after notice and hearing:  
   (A) An order enjoining a party from harassing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, abusing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of the employee.
 
   (B) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph (A).  
   (7) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others. 
   (c) This section does not permit a court to issue a temporary
restraining order or injunction prohibiting speech or other
activities that are constitutionally protected, or otherwise
protected by Section 527.3 or any other provision of law. 
   (d) For purposes of this section, the terms "employer" and
"employee" mean persons defined in Section 350 of the Labor Code.
"Employer" also includes a federal agency, the state, a state agency,
a city, county, or district, and a private, public, or quasi-public
corporation, or any public agency thereof or therein. "Employee" also
includes the members of boards of directors of private, public, and
quasi-public corporations and elected and appointed public officers.
For purposes of this section only, "employee" also includes a
volunteer or independent contractor who performs services for the
employer at the employer's worksite.  
   (d) In the discretion of the court, on a showing of good cause, a
temporary restraining order or injunction issued under this section
may include other named family or household members, or
                               other persons employed at the employee'
s workplace or workplaces. 
   (e) Upon filing a petition for an injunction under this section,
the  plaintiff   petitioner  may obtain a
temporary restraining order in accordance with subdivision (a) of
Section 527, if the  plaintiff   petitioner
 also files  an affidavit   a declaration
 that, to the satisfaction of the court, shows reasonable proof
that an employee has suffered unlawful violence or a credible threat
of violence by the  defendant   respondent 
, and that great or irreparable harm would result to an employee.
 In the discretion of the court, and on a showing of good
cause, a temporary restraining order or injunction issued under this
section may include other named family or household members who
reside with the employee, or other persons employed at his or her
workplace or workplaces.   The temporary restraining
order may include any of the protective orders described in 
 paragraph (6) of subdivision (b).  
   (f) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court.  
   A 
   (g)     A  temporary restraining order
granted under this section shall remain in effect, at the court's
discretion, for a period not to exceed  15   21
 days , or if the court extends the time for hearing under
subdivision (h), not to exceed 25 days  , unless otherwise
modified or terminated by the court. 
   (f) 
    (h)  Within  15   21  days
 of the filing of the petition   , or if good
cause appears to the court, 25 days from the date that a petition for
a temporary order is granted or denied  , a hearing shall be
held on the petition for the injunction.  The defendant
  If no request for temporary orders is made, the
hearing shall be held within 21 days, or, if good cause appears to
the court, 25 days, from the date that the petition is filed. 
    (i)     The respondent  may file a
response that explains, excuses, justifies, or denies the alleged
unlawful violence or credible threats of violence  or may
file a cross-complaint under this section. At   . 
    (j)     At  the hearing, the judge
shall receive any testimony that is relevant and may make an
independent inquiry. Moreover, if the  defendant 
 respondent  is a current employee of the entity requesting
the injunction, the judge shall receive evidence concerning the
employer's decision to retain, terminate, or otherwise discipline the
 defendant   respondent  . If the judge
finds by clear and convincing evidence that the  defendant
  respondent  engaged in unlawful violence or made
a credible threat of violence, an injunction shall issue prohibiting
further unlawful violence or threats of violence.  An
injunction issued pursuant to this section shall have a duration of
not more than three years. At any time within the three months before
the expiration of the injunction, the plaintiff may apply for a
renewal of the injunction by filing a new petition for an injunction
under this section.  
   (k) (1) In the discretion of the court, an order issued after
notice and hearing under this section may have a duration of not more
than three years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years,
without a showing of any further violence or threats of violence
since the issuance of the original order, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party. The
request for renewal may be brought at any time within the three
months before the expiration of the order.  
   (2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.  
   (g) 
    (l)  This section does not preclude either party from
representation by private counsel or from appearing on his or her own
behalf. 
   (h) 
    (m)  Upon filing of a petition for an injunction under
this section, the  defendant   respondent 
shall be personally served with a copy of the petition, temporary
restraining order, if any, and notice of hearing of the petition.
Service shall be made at least five days before the hearing. The
court may, for good cause, on motion of the  plaintiff
  petitioner  or on its own motion, shorten the
time for service on the  defendant   respondent
 . 
   (n) A notice of hearing under this section shall notify the
respondent that, if he or she does not attend the hearing, the court
may make orders against him or her that could last up to three years.
 
   (o) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing. 

   (2) The reissued order shall state on its face the date of
expiration of the order.  
   (p) (1) If a respondent, named in a restraining order issued under
this section after a hearing, has not been served personally with
the order but has received actual notice of the existence and
substance of the order through personal appearance in court to hear
the terms of the order from the court, no additional proof of service
is required for enforcement of the order.  
   (2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the person does not appear at the hearing,
either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are
identical to the temporary restraining order, except for the duration
of the order, then the restraining order or protective order issued
at the hearing may be served on the person by first-class mail sent
to that person at the most current address for the person available
to the court.  
   (3) The Judicial Council form for temporary orders issued pursuant
to this subdivision shall contain a statement in substantially the
following form: 

   "If you have been personally served with this temporary
restraining order and notice of hearing, but you do not appear at the
hearing either in person or by a lawyer, and a restraining order
that is the same as this restraining order except for the expiration
date is issued at the hearing, a copy of the order will be served on
you by mail at the following address: ____.  
   If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court." 

   (q) (1) Information on any temporary restraining order or
injunction relating to workplace violence issued by a court pursuant
to this section shall be transmitted to the Department of Justice in
accordance with either paragraph (2) or (3).  
   (i) (1) 
    (2)  The court shall order the  plaintiff
  petitioner  or the attorney for the 
plaintiff   petitioner  to deliver a copy of
 each temporary restraining order or injunction, or
modification or termination thereof, granted under this section
  any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service  , by the close of the business day
on which the order  was granted, to the law enforcement
agencies within the court's discretion as are requested by the
plaintiff. Each   , reissuance, extension, modification,
or termination was made, to each law enforcement agency having
jurisdiction over the residence of the petitioner and to any 
 additional law en   forcement agencies within the court'
s discretion as are requested by the petitioner.  
   (3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
 
   (A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).  
   (B) With the approval of the Department of Justice, entering the
order or proof of service into CLETS directly. 
    (4)     Each  appropriate law
enforcement agency shall make available information as to the
existence and current status of these orders to law enforcement
officers responding to the scene of reported unlawful violence or a
credible threat of violence. 
   (2) 
    (5)  At the request of the  plaintiff 
 petitioner  , an order issued under this section shall be
served on the  defendant   respondent  ,
regardless of whether the  defendant  
respondent  has been taken into custody, by any law enforcement
officer who is present at the scene of reported unlawful violence or
a credible threat of violence involving the parties to the
proceedings. The  plaintiff   petitioner 
shall provide the officer with an endorsed copy of the order and
proof of service that the officer shall complete and send to the
issuing court. 
   (3) 
    (6)  Upon receiving information at the scene of an
incident of unlawful violence or a credible threat of violence that a
protective order has been issued under this section, or that a
person who has been taken into custody is the subject of an order, if
the  plaintiff   petitioner  or the
protected person cannot produce an endorsed copy of the order, a law
enforcement officer shall immediately attempt to verify the existence
of the order. 
   (4) 
   (7)  If the law enforcement officer determines that a
protective order has been issued, but not served, the officer shall
immediately notify the  defendant   respondent
 of the terms of the order and obtain the  defendant's
  respondent's  address. The law enforcement
officer shall at that time also enforce the order, but may not arrest
or take the  defendant   respondent  into
custody for acts in violation of the order that were committed prior
to the verbal notice of the terms and conditions of the order. The
law enforcement officer's verbal notice of the terms of the order
shall constitute service of the order and constitutes sufficient
notice for the purposes of this section and for the purposes of
Section 273.6 and subdivision (g) of Section 12021 of the Penal Code.
The  plaintiff   petitioner  shall mail an
endorsed copy of the order to the  defendant's 
respondent'   s  mailing address provided to the law
enforcement officer within one business day of the reported incident
of unlawful violence or a credible threat of violence at which a
verbal notice of the terms of the order was provided by a law
enforcement officer. 
   (j) 
    (r)  (1) A person subject to a protective order issued
under this section shall not own, possess, purchase, receive, or
attempt to purchase or receive a firearm  or ammunition 
while the protective order is in effect.
   (2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
   (3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm  or ammunition 
while the protective order is in effect is punishable pursuant to
subdivision (g) of Section 12021 of the Penal Code. 
   (k) 
    (s)  Any intentional disobedience of any temporary
restraining order or injunction granted under this section is
punishable pursuant to Section 273.6 of the Penal Code. 
   (  l  )
    (t)  Nothing in this section may be construed as
expanding, diminishing, altering, or modifying the duty, if any, of
an employer to provide a safe workplace for employees and other
persons. 
   (m) 
    (u)     (1)  The Judicial Council
shall develop forms, instructions, and rules for  scheduling
of hearings and other procedures established pursuant to 
 relating to matters governed by  this section. The forms
for the petition and response shall be simple and concise, and their
use by parties in actions brought pursuant to this section shall be
mandatory. 
   (n) 
    (2)  A temporary restraining order or injunction
relating to  harassment or domestic   unlawful
violence or a credible threat of  violence issued by a court
pursuant to this section shall be issued on forms adopted by the
Judicial Council of California and that have been approved by the
Department of Justice pursuant to subdivision (i) of Section 6380 of
the Family Code. However, the fact that an order issued by a court
pursuant to this section was not issued on forms adopted by the
Judicial Council and approved by the Department of Justice shall not,
in and of itself, make the order unenforceable. 
   (o) Information on any temporary restraining order or injunction
relating to harassment or domestic violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with subdivision (b) of Section 6380 of the
Family Code.  
   (p) 
    (v)  There is no filing fee for a petition that alleges
that a person has inflicted or threatened violence against an
employee of the petitioner, or stalked the employee, or acted or
spoken in any other manner that has placed the employee in reasonable
fear of violence, and that seeks a protective or restraining order
or injunction restraining stalking or future violence or threats of
violence, in any action brought pursuant to this section. No fee
shall be paid for a subpoena filed in connection with a petition
alleging these acts. No fee shall be paid for filing a response to a
petition alleging these acts. 
   (q) 
    (w)  (1) Subject to paragraph (4) of subdivision (b) of
Section 6103.2 of the Government Code, there shall be no fee for the
service of process  by a sheriff or marshal  of a temporary
restraining order or injunction to be issued pursuant to this section
if either of the following conditions apply:
   (A) The temporary restraining order or injunction issued pursuant
to this section is based upon stalking, as prohibited by Section
646.9 of the Penal Code.
   (B) The temporary restraining order or injunction issued pursuant
to this section is based  upon   on unlawful
violence or  a credible threat of violence.
   (2) The Judicial Council shall prepare and develop
application  forms for  applicants  
persons  who wish to avail themselves of the services described
in this subdivision.
   SEC. 3.    Section 527.10 of the   Code of
Civil Procedure   is amended to read: 
   527.10.  (a) The court shall order that any party enjoined
pursuant to  Sections   Section  527.6
 and   ,  527.8  , or 527.85  be
prohibited from taking any action to obtain the address or location
of  a   any  protected  party or a
protected party's family members, caretakers, or guardian 
 person  , unless there is good cause not to make that
order.
   (b) The Judicial Council shall  promulgate  
develop  forms necessary to effectuate this section.
   SECTION 1.  SEC. 4.   Section 527.11 is
added to the Code of Civil Procedure, to read:
   527.11.  (a) Notwithstanding any other provision of law, in the
event that two or more restraining or protective orders, including
emergency protective orders, are issued under this code, the Family
Code, the Penal Code, or the Welfare and Institutions Code that
satisfy all of the requirements set forth in subdivision (b), the
orders shall be enforced in a manner that provides the greatest
protection to the individuals protected under the orders and provides
the most restrictions to the restrained party.
   (b) (1) At least one of the protected individuals is identified in
all of the orders.
   (2) The restrained party is the same in all of the orders.
   (3) The orders are in conflict.
   SEC. 5.    Section 527.85 of the   Code of
Civil Procedure   is amended to read: 
   527.85.  (a) Any chief administrative officer of a postsecondary
educational institution, or an officer or employee designated by the
chief administrative officer to maintain order on the school campus
or facility, a student of which has suffered a credible threat of
violence made off the school campus or facility from any individual,
which can reasonably be construed to be carried out or to have been
carried out at the school campus or facility, may, with the written
consent of the student, seek a temporary restraining order and an
injunction, on behalf of the student and, at the discretion of the
court, any number of other students at the campus or facility who are
similarly situated.
   (b) For the purposes of this section, the following definitions
shall apply:
   (1) "Chief administrative officer" means the principal, president,
or highest ranking official of the postsecondary educational
institution.
   (2) "Course of conduct" means a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including any of the following:
   (A) Following or stalking a student to or from school.
   (B) Entering the school campus or facility.
   (C) Following a student during school hours.
   (D) Making telephone calls to a student.
   (E) Sending correspondence to a student by any means, including,
but not limited to, the use of the public or private mails,
interoffice mail, fax, or computer e-mail.
   (3) "Credible threat of violence" means a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose. 
   (4) "Petitioner" means the chief administrative officer, or his or
her designee, who petitions under subdivision (a) for a temporary
restraining order and injunction.  
   (4) 
    (5)  "Postsecondary educational institution" means a
private institution of vocational, professional, or postsecondary
education. 
   (6) "Respondent" means the person against whom the temporary
restraining order and injunction are sought and, if the petition is
granted, the restrained person.  
   (5) 
    (7)  "Student" means an adult currently enrolled in or
applying for admission to a postsecondary educational institution.

   (8) "Temporary restraining order" and "injunction" mean orders
that include any of the following restraining orders, whether issued
ex parte, or after notice and hearing:  
   (A) An order enjoining a party from harassing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, abusing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of the student.
 
   (B) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph (A).  
   (6) 
    (9)  "Unlawful violence" means any assault or battery,
or stalking as prohibited in Section 646.9 of the Penal Code, but
shall not include lawful acts of self-defense or defense of others.
   (c) This section does not permit a court to issue a temporary
restraining order or injunction prohibiting speech or other
activities that are constitutionally protected, or otherwise
protected by Section 527.3 or any other provision of law. 
   (d) In the discretion of the court, on a showing of good cause, a
temporary restraining order or injunction issued under this section
may include other named family or household members of the student,
or other students at the campus or facility.  
   (d) 
    (e)  Upon filing a petition for an injunction under this
section, the  plaintiff   petitioner  may
obtain a temporary restraining order in accordance with subdivision
(a) of Section 527, if the  plaintiff  
petitioner  also files  an affidavit   a
declaration  that, to the satisfaction of the court, shows
reasonable proof that a student has suffered a credible threat of
violence made off the school campus or facility by the 
defendant   respondent  , and that great or
irreparable harm would result to the student.  In the
discretion of the court, and on a showing of good cause, a temporary
restraining order or injunction issued under this section may include
other named family or household members who reside with the student,
or other students at the campus or facility. A   The
temporary restraining order may include any of the protective orders
described in paragraph (8) of subdivision (b).  
   (f) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court. 
    (g)     A  temporary restraining order
granted under this section shall remain in effect, at the court's
discretion, for a period not to exceed  15   21
 days  , or if the court extends the time for hearing under
subdivision (h), not to exceed 25 days  , unless otherwise
modified or terminated by the court. 
   (e) 
    (h)  Within  15   21  days
 of the filing of the petition   , or if good
cause appears to the court, within 25 days, from the date that a
petition for a temporary order is granted or denied  , a hearing
shall be held on the petition for the injunction.  The
defendant   If no request for temporary orders is made,
the hearing shall be held within 21 days, or if good cause appears to
the court, 25 days, from the date the petition is filed. 
    (i)     The respondent  may file a
response that explains, excuses, justifies, or denies the alleged
credible threats of violence  or may file a cross-complaint
under this section. At   . 
    (j)    At  the hearing, the judge
shall receive any testimony that is relevant and may make an
independent inquiry. Moreover, if the  defendant 
 respondent  is a current student of the entity requesting
the injunction, the judge shall receive evidence concerning the
decision of the postsecondary educational institution decision to
retain, terminate, or otherwise discipline the  defendant
  respondent  . If the judge finds by clear and
convincing evidence that the  defendant  
respondent  made a credible threat of violence off the school
campus or facility, an injunction shall be issued prohibiting further
threats of violence.  An injunction issued pursuant to this
section shall have a duration of not more than three years. At any
time within three months before the expiration of the injunction, the
plaintiff may apply for a renewal of the injunction by filing a new
petition for an injunction under this section.  
   (k) (1) In the discretion of the court, an order issued after
notice and hearing under this section may have a duration of not more
than three years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years,
without a showing of any further violence or threats of violence
since the issuance of the original order, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party. The
request for renewal may be brought at any time within the three
months before the expiration of the order.  
   (2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.  
         (f) 
    (l)  This section does not preclude either party from
representation by private counsel or from appearing on his or her own
behalf. 
   (g) 
    (m)  Upon filing of a petition for an injunction under
this section, the  defendant   respondent 
shall be personally served with a copy of the petition, temporary
restraining order, if any, and notice of hearing of the petition.
Service shall be made at least five days before the hearing. The
court may, for good cause, on motion of the  plaintiff
  petitioner  or on its own motion, shorten the
time for service on the  defendant   respondent
 . 
   (n) A notice of hearing under this section shall notify the
respondent that if he or she does not attend the hearing, the court
may make orders against him or her that could last up to three years.
 
   (o) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing. 

   (2) The reissued order shall state on its face the date of
expiration of the order.  
   (p) (1) If a respondent, named in an order issued under this
section after a hearing, has not been served personally with the
order but has received actual notice of the existence and substance
of the order through personal appearance in court to hear the terms
of the order from the court, no additional proof of service is
required for enforcement of the order.  
   (2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the respondent does not appear at the hearing,
either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are
identical to the temporary restraining order, except for the duration
of the order, then the restraining order or protective order issued
at the hearing may be served on the respondent by first-class mail
sent to that person at the most current address for the respondent
available to the court.  
   (3) The Judicial Council form for temporary orders issued pursuant
to this subdivision shall contain a statement in substantially the
following form: 

   "If you have been personally served with a temporary restraining
order and notice of hearing, but you do not appear at the hearing
either in person or by a lawyer, and a restraining order that is the
same as this temporary restraining order except for the expiration
date is issued at the hearing, a copy of the order will be served on
you by mail at the following address:____.  
   If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court." 

   (q) (1) Information on any temporary restraining order or
injunction relating to school site violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with either paragraph (2) or (3). 

   (h) (1) 
    (2)  The court shall order the  plaintiff
  petitioner  or the attorney for the 
plaintiff   petitioner  to deliver a copy of
 each temporary restraining order or injunction, or
modification or termination thereof, granted under this section
  any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service  , by the close of the business day
on which the order  , reissuance, or termination of the order,
and any proof of service,  was  granted  
made  , to  the   each  law
enforcement  age  ncy having jurisdiction over the
residence of the petition and to any additional law enforcement 
agencies within the court's discretion as are requested by the
 plaintiff. Each   petitioner.  
   (3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
 
   (A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).  
   (B) With the approval of the Department of Justice, entering the
order of proof of service into CLETS directly. 
    (4)     Each  appropriate law
enforcement agency shall make available information as to the
existence and current status of these orders to law enforcement
officers responding to the scene of reported unlawful violence or a
credible threat of violence. 
   (2) 
    (5)  At the request of the  plaintiff 
 petitioner  , an order issued under this section shall be
served on the  defendant   respondent  ,
regardless of whether the  defendant  
respondent  has been taken into custody, by any law enforcement
officer who is present at the scene of reported unlawful violence or
a credible threat of violence involving the parties to the
proceedings. The  plaintiff   petitioner 
shall provide the officer with an endorsed copy of the order and
proof of service that the officer shall complete and send to the
issuing court. 
   (3) 
    (6)  Upon receiving information at the scene of an
incident of unlawful violence or a credible threat of violence that a
protective order has been issued under this section, or that a
person who has been taken into custody is the subject of an order, if
the  plaintiff   petitioner  or the
protected person cannot produce an endorsed copy of the order, a law
enforcement officer shall immediately attempt to verify the existence
of the order. 
   (4) 
    (7)  If the law enforcement officer determines that a
protective order has been issued, but not served, the officer shall
immediately notify the  defendant   respondent
 of the terms of the order and obtain the  defendant's
  respondent's  address. The law enforcement
officer shall at that time also enforce the order, but may not arrest
or take the  defendant   respondent  into
custody for acts in violation of the order that were committed prior
to the verbal notice of the terms and conditions of the order. The
law enforcement officer's verbal notice of the terms of the order
shall constitute service of the order and constitutes sufficient
notice for the purposes of this section, and Section 273.6 and
subdivision (g) of Section 12021 of the Penal Code. The 
plaintiff   petitioner  shall mail an endorsed copy
of the order to the  defendant's   respondent's
 mailing address provided to the law enforcement officer within
one business day of the reported incident of unlawful violence or a
credible threat of violence at which a verbal notice of the terms of
the order was provided by a law enforcement officer. 
   (i) 
    (r)  (1) A person subject to a protective order issued
under this section shall not own, possess, purchase, receive, or
attempt to purchase or receive a firearm  or ammunition 
while the protective order is in effect.
   (2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
   (3) Every person who owns, possesses, purchases, or receives, or
attempts to purchase or receive a firearm  or ammunition 
while the protective order is in effect is punishable pursuant to
subdivision (g) of Section 12021 of the Penal Code. 
   (j) 
    (s)  Any intentional disobedience of any temporary
restraining order or injunction granted under this section is
punishable pursuant to Section 273.6 of the Penal Code. 
   (k) 
    (t)  Nothing in this section may be construed as
expanding, diminishing, altering, or modifying the duty, if any, of a
postsecondary educational institution to provide a safe environment
for students and other persons. 
   (l) 
    (u)     (1)  The Judicial Council
shall develop forms, instructions, and rules  for scheduling
of hearings and other procedures established pursuant to 
 relating to matters governed   by  this section.
The forms for the petition and response shall be simple and concise,
and their use by parties in actions brought pursuant to this section
shall be mandatory. 
   (m) 
    (2)  A temporary restraining order or injunction
relating to  harassment or domestic   unlawful
violence or a credible threat of  violence issued by a court
pursuant to this section shall be issued on forms adopted by the
Judicial Council and that have been approved by the Department of
Justice pursuant to subdivision (i) of Section 6380 of the Family
Code. However, the fact that an order issued by a court pursuant to
this section was not issued on forms adopted by the Judicial Council
and approved by the Department of Justice shall not, in and of
itself, make the order unenforceable. 
   (n) Information on any temporary restraining order or injunction
relating to harassment or domestic violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with subdivision (b) of Section 6380 of the
Family Code.  
   (o) 
    (v)  There is no filing fee for a petition that alleges
that a person has threatened violence against a student of the
petitioner, or stalked the student, or acted or spoken in any other
manner that has placed the student in reasonable fear of violence,
and that seeks a protective or restraining order or injunction
restraining stalking or future threats of violence, in any action
brought pursuant to this section. No fee shall be paid for a subpoena
filed in connection with a petition alleging these acts. No fee
shall be paid for filing a response to a petition alleging these
acts. 
   (p) 
    (w)  (1) Subject to paragraph (4) of subdivision (b) of
Section 6103.2 of the Government Code, there shall be no fee for the
service of process  by a sheriff or marshal  of a temporary
restraining order or injunction to be issued pursuant to this section
if either of the following conditions apply:
   (A) The temporary restraining order or injunction issued pursuant
to this section is based upon stalking, as prohibited by Section
646.9 of the Penal Code.
   (B) The temporary restraining order or injunction issued pursuant
to this section is based upon a credible threat of violence.
   (2) The Judicial Council shall prepare and develop 
application  forms for  applicants  
persons  who wish to avail themselves of the services described
in this subdivision.
   SEC. 6.    Section 527.9 of the   Code of
Civil Procedure   is amended to read: 
   527.9.  (a) A person subject to a temporary restraining order or
injunction issued pursuant to Section 527.6  or 
 ,  527.8  of the Code of Civil Procedure 
,  or 527.85  or subject to a restraining order issued
pursuant to Section 136.2 of the Penal Code, or Section 15657.03 of
the Welfare and Institutions Code, shall relinquish the firearm
pursuant to this section.
   (b) Upon the issuance of a protective order  against a person
 pursuant to subdivision (a), the court shall order  the
  that  person to relinquish any firearm in that
person's immediate possession or control, or subject to that person's
immediate possession or control, within 24 hours of being served
with the order, either by surrendering the firearm to the control of
local law enforcement officials, or by selling the firearm to a
licensed gun dealer, as specified in Section 12071 of the Penal Code.
A person ordered to relinquish any firearm pursuant to this
subdivision shall file with the court a receipt showing the firearm
was surrendered to the local law enforcement agency or sold to a
licensed gun dealer within 48 hours after receiving the order. In the
event that it is necessary to continue the date of any hearing due
to a request for a relinquishment order pursuant to this section, the
court shall ensure that all applicable protective orders described
in Section 6218 of the Family Code remain in effect or bifurcate the
issues and grant the permanent restraining order pending the date of
the hearing.
   (c) A local law enforcement agency may charge the person subject
to the order or injunction a fee for the storage of any firearm
relinquished pursuant to this section. The fee shall not exceed the
actual cost incurred by the local law enforcement agency for the
storage of the firearm. For purposes of this subdivision, "actual
cost" means expenses directly related to taking possession of a
firearm, storing the firearm, and surrendering possession of the
firearm to a licensed dealer as defined in Section 12071 of the Penal
Code or to the person relinquishing the firearm.
   (d) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (b) shall state on its face that the
respondent is prohibited from owning, possessing, purchasing, or
receiving a firearm while the protective order is in effect and that
the firearm shall be relinquished to the local law enforcement agency
for that jurisdiction or sold to a licensed gun dealer, and that
proof of surrender or sale shall be filed with the court within a
specified period of receipt of the order. The order shall also state
on its face the expiration date for relinquishment. Nothing in this
section shall limit a respondent's right under existing law to
petition the court at a later date for modification of the order.
   (e) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (b) shall prohibit the person from
possessing or controlling any firearm for the duration of the order.
At the expiration of the order, the local law enforcement agency
shall return possession of any surrendered firearm to the respondent,
within five days after the expiration of the relinquishment order,
unless the local law enforcement agency determines that (1) the
firearm has been stolen, (2) the respondent is prohibited from
possessing a firearm because the respondent is in any prohibited
class for the possession of firearms, as defined in Sections 12021
and 12021.1 of the Penal Code and Sections 8100 and 8103 of the
Welfare and Institutions Code, or (3) another successive restraining
order is  used   issued  against the
respondent under this section. If the local law enforcement agency
determines that the respondent is the legal owner of any firearm
deposited with the local law enforcement agency and is prohibited
from possessing any firearm, the respondent shall be entitled to sell
or transfer the firearm to a licensed dealer as defined in Section
12071 of the Penal Code. If the firearm has been stolen, the firearm
shall be restored to the lawful owner upon his or her identification
of the firearm and proof of ownership.
   (f) The court may, as part of the relinquishment order, grant an
exemption from the relinquishment requirements of this section for a
particular firearm if the respondent can show that a particular
firearm is necessary as a condition of continued employment and that
the current employer is unable to reassign the respondent to another
position where a firearm is unnecessary. If an exemption is granted
pursuant to this subdivision, the order shall provide that the
firearm shall be in the physical possession of the respondent only
during scheduled work hours and during travel to and from his or her
place of employment. In any case involving a peace officer who as a
condition of employment and whose personal safety depends on the
ability to carry a firearm, a court may allow the peace officer to
continue to carry a firearm, either on duty or off duty, if the court
finds by a preponderance of the evidence that the officer does not
pose a threat of harm. Prior to making this finding, the court shall
require a mandatory psychological evaluation of the peace officer and
may require the peace officer to enter into counseling or other
remedial treatment program to deal with any propensity for domestic
violence.
   (g) During the period of the relinquishment order, a respondent is
entitled to make one sale of all firearms that are in the possession
of a local law enforcement agency pursuant to this section. A
licensed gun dealer, who presents a local law enforcement agency with
a bill of sale indicating that all firearms owned by the respondent
that are in the possession of the local law enforcement agency have
been sold by the respondent to the licensed gun dealer, shall be
given possession of those firearms, at the location where a
respondent's firearms are stored, within five days of presenting the
local law enforcement agency with a bill of sale.
   SEC. 7.    Section 241 of the  Family Code
  is amended to read: 
   241.  Except as provided in Section 6300, an order described in
Section 240 may not be granted without notice to the respondent
unless it appears from facts shown by the  affidavit
  declaration  in support of the 
application   petition  for the order, or in the
 application     petition  for the
order, that great or irreparable injury would result to the 
applicant   petitioner  before the matter can be
heard on notice.
   SEC. 8.    Section 242 of the   Family Code
  is amended to read:
   242.  (a)  Except as provided in subdivision (b), if an
order described in Section 240 is issued, the matter shall be made
returnable on an order requiring cause to be shown why a permanent
order should not be granted, on the earliest day that the business of
the court will permit, but not later than 20 days or, if good cause
appears to the court, 25 days from the date of the order. 
 Within 21 days, or, if good cause appears to the court, 25 days
from the date that a temporary order is granted or denied, a hearing
shall be held on the petition. If no request for temporary orders is
made, the hearing shall be held within 21 days, or, if good cause
appears to the court, 25   days from the date that the
petition is filed. 
   (b) If a hearing is not held within the time provided in
subdivision (a), the court may nonetheless hear the matter, but the
order is unenforceable unless reissued under Section 245.
   SEC. 9.    Section 243 of the   Family Code
  is amended to read: 
   243.  (a) When the matter first comes up for hearing, the 
applicant   petitioner  must be ready to proceed.

   (b) If an order described in Section 240 has been issued without
notice pending the hearing, the applicant must have served on the
respondent, at least five days before the hearing, a copy of each of
the following:  
   (1) The order to show cause.  
   (2) The application and the affidavits and points and authorities
in support of the application.  
   (3) Any other supporting papers filed with the court. 

   (c) If an order described in Section 240 has been issued with
notice pending the hearing, the applicant must have served on the
respondent the documents described in subdivision (b) at least 15
days before the hearing.  
   (b) If a petition under this part has been filed, the respondent
shall be personally served with a copy of the petition, the temporary
order, if any, and the notice of hearing on the petition. Service
shall be made at least five days before the hearing.  
   (d) 
    (c)  If the  applicant   petitioner
 fails to comply with subdivision (a)  and either
  or  subdivision (b)  or (c)  ,
the court shall dissolve the order. 
   (e) 
    (d)  If service is made under subdivision (b), the
respondent  may file a response that explains, excuses,
justifies, or denies the allegations in the petition. The respondent
 is entitled, as  a matter  of course, to one
continuance for a reasonable period, to respond to the 
application   petition  for  the order
  orders  . 
   (f) 
    (e   ) On motion of the  applicant
  petitioner  or on its own motion, the court may
shorten the time provided in this section for service on the
respondent. 
   (g) The respondent may, in response to the order to show cause,
present affidavits relating to the granting of the order, and if the
affidavits are served on the applicant 
    (f)     If the response is served on the
petitioner  at least two days before the hearing, the 
applicant   petitioner  is not entitled to a
continuance on account of the  affidavits  
response  .
   SEC. 10.    Section 244 of the   Family Code
  is amended to read: 
   244.  (a) On the day  upon which the order is made
returnable,   of  the hearing  , the hearing on
the petition  shall take precedence over all other matters on
the calendar  of the   that  day, except
older matters of the same character, and matters to which special
precedence may be given by law.
   (b)  When the cause is at issue it   The
  hearing on the petition  shall be set for trial at
the earliest possible date and shall take precedence over all other
 cases   matters  , except older matters of
the same character, and matters to which special precedence may be
given by law.
   SEC. 11.    Section 245 of the   Family Code
  is amended to read: 
   245.  (a) The court may, upon the filing of  an affidavit
  a declaration  by the  applicant
  petitioner  that the respondent could not be
served within the time required by statute, reissue an order
previously issued and dissolved by the court for failure to serve the
respondent.  The reissued order shall remain in effect until the
date set for hearing. 
   (b) The reissued order shall state on its face the date of
expiration of the order.
   (c) No fee shall be charged for the reissuance of the order unless
the order had been dissolved three times previously.
   SEC. 12.    Section 246 of the   Family Code
  is amended to read: 
   246.   An ex parte   A request for a 
temporary restraining order described in Section 240  , issued
without notice,  shall be  issued   granted
 or denied on the same day that the  application
  petition  is submitted to the court, unless the
 application   petition  is filed too late
in the day to permit effective review, in which case the order shall
be  issued   grant   ed  or denied
on the next day of judicial business in sufficient time for the
order to be filed that day with the clerk of the court.
   SEC. 13.    Section 6229 is added to the  
Family Code  , to read:  
   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. 
   SEC. 14.    Section 6302 of the   Family
Code   is repealed.  
   6302.  An order issued under this part shall set forth on its face
a notice in substantially the following form:
   "NOTICE TO RESTRAINED PERSON: If you do not appear at the court
hearing specified herein, the court may grant the requested orders
for a period of up to 3 years without further notice to you."

   SEC. 15.    Section 6302 is added to the  
Family Code   , to read:  
   6302.  A notice of hearing under this part shall notify the
respondent that if he or she does not attend the hearing, the court
may make orders against him or her that could last up to five years.

   SEC. 16.    Section 6304 of the   Family
Code   is amended to read: 
   6304.  When making a protective order, as defined in Section 6218,
where both parties are present in court, the court shall inform both
the petitioner and the respondent of the terms of the order,
including notice that the respondent is prohibited from owning,
possessing, purchasing or receiving or attempting to own, possess,
purchase or receive a firearm  or ammunition  , and
including notice of the penalty for violation.
   SEC. 17.    Section 6320   of the 
Family Code   is amended to read: 
   6320.  (a) The court may issue an ex parte order enjoining a party
from molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to,  making  annoying telephone calls as described
in Section 653m of the Penal Code, destroying personal property,
contacting, either directly or indirectly, by mail or otherwise,
coming within a specified distance of, or disturbing the peace of the
other party, and, in the discretion of the court, on a showing of
good cause, of other named family or household members.
   (b) On a showing of good cause, the court may include in a
protective order a grant to the petitioner of the exclusive care,
possession, or control of any animal owned, possessed, leased, kept,
or held by either the petitioner or the respondent or a minor child
residing in the residence or household of either the petitioner or
the respondent. The court may order the respondent to stay away from
the animal and forbid the respondent from taking, transferring,
encumbering, concealing, molesting, attacking, striking,
                                    threatening, harming, or
otherwise disposing of the animal. 
   (c) On or before July 1, 2009, the Judicial Council shall modify
the criminal and civil court forms consistent with this section.

   SEC. 18.    Section 6320.5 of the   Family
Code   is amended to read: 
   6320.5.  (a) An order denying a petition for an ex parte order
pursuant to Section 6320 shall include the reasons for denying the
petition.
   (b) An order denying a jurisdictionally adequate petition for an
ex parte order, pursuant to Section 6320, shall provide the
petitioner the right to a noticed hearing on the earliest date that
the business of the court will permit, but not later than  20
  21  days or, if good cause appears to the court,
25 days from the date of the order. The petitioner shall serve on
the respondent, at least 5 days before the hearing, copies of all
supporting papers filed with the court, including the application and
affidavits.
   (c) Notwithstanding subdivision (b), upon the denial of the ex
parte order pursuant to Section 6320, the petitioner shall have the
option of waiving his or her right to a noticed hearing. However,
nothing in this section shall preclude a petitioner who waives his or
her right to a noticed hearing from refiling a new petition, without
prejudice, at a later time. 
   (d) The Judicial Council, on or before January 1, 2010, shall
develop a form to implement this section. 
   SEC. 19.    Section 6322.7 of the   Family
Code   is amended to read: 
   6322.7.  (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
  any protected person  , unless there is good
cause not to make that order.
   (b) The Judicial Council shall  promulgate  
develop  forms necessary to effectuate this section.
   SEC. 20.    Section 6345 of the   Family
Code   is amended to read: 
   6345.  (a) In the discretion of the court, the personal conduct,
stay-away, and residence exclusion orders contained in a court order
issued after notice and a hearing under this article may have a
duration of not more than five years, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party. These
orders may be renewed, upon the request of a party, either for five
years or permanently, without a showing of any further abuse since
the issuance of the original order, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party. 
The request for renewal may be brought at any time   within
the three months before the expiration of the orders. 
   (b) Notwithstanding subdivision (a), the duration of any orders,
other than the protective orders described in subdivision (a), that
are also contained in a court order issued after notice and a hearing
under this article, including, but not limited to, orders for
custody, visitation, support, and disposition of property, shall be
governed by the law relating to those specific subjects.
   (c) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
   SEC. 21.    Section 6380 of the   Family
Code   is amended to read: 
   6380.  (a) Each county, with the approval of the Department of
Justice, shall, by July 1, 1996, develop a procedure, using existing
systems, for the electronic transmission of data, as described in
subdivision (b), to the Department of Justice. The data shall be
electronically transmitted through the California Law Enforcement
Telecommunications System (CLETS) of the Department of Justice by law
enforcement personnel, or with the approval of the Department of
Justice, court personnel, or another appropriate agency capable of
maintaining and preserving the integrity of both the CLETS and the
Domestic Violence Restraining Order System, as described in
subdivision (e). Data entry is required to be entered only once under
the requirements of this section, unless the order is served at a
later time. A portion of all fees payable to the Department of
Justice under subdivision (a) of Section 1203.097 of the Penal Code
for the entry of the information required under this section, based
upon the proportion of the costs incurred by the local agency and
those incurred by the Department of Justice, shall be transferred to
the local agency actually providing the data. All data with respect
to criminal court protective orders issued, modified, extended, or
terminated under subdivision (g) of Section 136.2 of the Penal Code,
and all data filed with the court on the required Judicial Council
forms with respect to protective orders, including their issuance,
modification, extension, or termination, to which this division
applies pursuant to Section 6221, shall be transmitted by the court
or its designee within one business day to law enforcement personnel
by either one of the following methods:
   (1) Transmitting a physical copy of the order to a local law
enforcement agency authorized by the Department of Justice to enter
orders into CLETS.
   (2) With the approval of the Department of Justice, entering the
order into CLETS directly.
   (b) Upon the issuance of a protective order to which this division
applies pursuant to Section 6221, or the issuance of a temporary
restraining order or injunction relating to harassment  or
domestic   , unlawful violence, or the threat of 
violence pursuant to Section 527.6  or   , 
527.8  , or 527.85  of the Code of Civil Procedure, or the
issuance of a criminal court protective order under subdivision (g)
of Section 136.2 of the Penal Code, or the issuance of a juvenile
court restraining order related to domestic violence pursuant to
Section 213.5, 304, or 362.4 of the Welfare and Institutions Code, or
the issuance of a protective order pursuant to Section 15657.03 of
the Welfare and Institutions Code, or upon registration with the
court clerk of a domestic violence protective or restraining order
issued by the tribunal of another state, as defined in Section 6401,
and including any of the foregoing orders issued in connection with
an order for modification of a custody or visitation order issued
pursuant to a dissolution, legal separation, nullity, or paternity
proceeding the Department of Justice shall be immediately notified of
the contents of the order and the following information:
   (1) The name, race, date of birth, and other personal descriptive
information of the respondent as required by a form prescribed by the
Department of Justice.
   (2) The names of the protected persons.
   (3) The date of issuance of the order.
   (4) The duration or expiration date of the order.
   (5) The terms and conditions of the protective order, including
stay-away, no-contact, residency exclusion, custody, and visitation
provisions of the order.
   (6) The department or division number and the address of the
court.
   (7) Whether or not the order was served upon the respondent.
   (8) The terms and conditions of any restrictions on the ownership
or possession of firearms.
   All available information shall be included; however, the
inability to provide all categories of information shall not delay
the entry of the information available.
   (c) The information conveyed to the Department of Justice shall
also indicate whether the respondent was present in court to be
informed of the contents of the court order. The respondent's
presence in court shall provide proof of service of notice of the
terms of the protective order. The respondent's failure to appear
shall also be included in the information provided to the Department
of Justice.
   (d) (1) Within one business day of service, any law enforcement
officer who served a protective order shall submit the proof of
service directly into the Department of Justice Domestic Violence
Restraining Order System, including his or her name and law
enforcement agency, and shall transmit the original proof of service
form to the issuing court.
   (2) Within one business day of receipt of proof of service by a
person other than a law enforcement officer, the clerk of the court
shall submit the proof of service of a protective order directly into
the Department of Justice Domestic Violation Restraining Order
System, including the name of the person who served the order. If the
court is unable to provide this notification to the Department of
Justice by electronic transmission, the court shall, within one
business day of receipt, transmit a copy of the proof of service to a
local law enforcement agency. The local law enforcement agency shall
submit the proof of service directly into the Department of Justice
Domestic Violence Restraining Order System within one business day of
receipt from the court.
   (e) The Department of Justice shall maintain a Domestic Violence
Restraining Order System and shall make available to court clerks and
law enforcement personnel, through computer access, all information
regarding the protective and restraining orders and injunctions
described in subdivision (b), whether or not served upon the
respondent.
   (f) If a court issues a modification, extension, or termination of
a protective order, it shall be on forms adopted by the Judicial
Council of California and that have been approved by the Department
of Justice, and the transmitting agency for the county shall
immediately notify the Department of Justice, by electronic
transmission, of the terms of the modification, extension, or
termination.
   (g) The Judicial Council shall assist local courts charged with
the responsibility for issuing protective orders by developing
informational packets describing the general procedures for obtaining
a domestic violence restraining order and indicating the appropriate
Judicial Council forms. The informational packets shall include a
design, that local courts shall complete, that describes local court
procedures and maps to enable applicants to locate filing windows and
appropriate courts, and shall also include information on how to
return proofs of service, including mailing addresses and fax
numbers. The court clerk shall provide a fee waiver form to all
applicants for domestic violence protective orders. The court clerk
shall provide all Judicial Council forms required by this chapter to
applicants free of charge. The informational packet shall also
contain a statement that the protective order is enforceable in any
state, as defined in Section 6401, and general information about
agencies in other jurisdictions that may be contacted regarding
enforcement of an order issued by a court of this state.
   (h) For the purposes of this part, "electronic transmission" shall
include computer access through the California Law Enforcement
Telecommunications System (CLETS).
   (i) Only protective and restraining orders issued on forms adopted
by the Judicial Council of California and that have been approved by
the Department of Justice shall be transmitted to the Department of
Justice. However, this provision shall not apply to a valid
protective or restraining order related to domestic or family
violence issued by a tribunal of another state, as defined in Section
6401. Those orders shall, upon request, be registered pursuant to
Section 6404.
   SEC. 22.    Section 6384 of the   Family
Code   is amended to read: 
   6384.  (a) If a  person   respondent 
named in an order issued under this part after a hearing has not been
served personally with the order but has received actual notice of
the existence and substance of the order through personal appearance
in court to hear the terms of the order from the court, no additional
proof of service is required for enforcement of the order.
   If a  person   respondent  named in a
temporary restraining order or emergency protective order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based  thereon
  on the temporary restraining order or emergency
protective order  , but the  person  
respondent  does not appear at the hearing either in person or
by counsel, and the terms and conditions of the restraining order or
protective order  i   ssued   at the hearing
 are identical to the temporary restraining or emergency
protective order, except for the duration of the order, the
restraining order or protective order  issued at the hearing
 may be served on the  person   respondent
 by first-class mail sent to  that person  
the respondent  at the most current address for the 
person   respondent that is  available to the
court.
   (b) The  judicial   Judicial Council 
forms for orders issued under this part shall contain a statement in
substantially the following form: 
   "NO ADDITIONAL PROOF OF SERVICE IS REQUIRED IF THE FACE OF THIS
FORM INDICATES THAT BOTH PARTIES WERE PERSONALLY PRESENT AT THE
HEARING WHERE THE ORDER WAS ISSUED."  
   "IF YOU HAVE BEEN PERSONALLY SERVED WITH A TEMPORARY RESTRAINING
ORDER OR EMERGENCY PROTECTIVE ORDER AND NOTICE OF HEARING, BUT YOU DO
NOT APPEAR AT THE HEARING EITHER IN PERSON OR BY COUNSEL, AND A
RESTRAINING ORDER OR PROTECTIVE ORDER IS ISSUED AT THE HEARING WHICH
DOES NOT DIFFER FROM THE PRIOR TEMPORARY RESTRAINING ORDER OR
EMERGENCY PROTECTIVE ORDER, A COPY OF THE ORDER WILL BE SERVED UPON
YOU BY MAIL AT THE FOLLOWING ADDRESS ____. IF THAT ADDRESS IS NOT
CORRECT OR YOU WISH TO VERIFY THAT THE TEMPORARY OR EMERGENCY ORDER
WAS MADE PERMANENT WITHOUT SUBSTANTIVE CHANGE, CALL THE CLERK OF THE
COURT AT ____."  
   "If you have been personally served with a temporary restraining
order and notice of hearing, but you do not appear at the hearing
either in person or by a lawyer, and a restraining order that is the
same as this temporary restraining order except for the expiration
date is issued at the hearing, a copy of the order will be served on
you by mail at the following address: ____.  
   If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court." 
   SEC. 23.    Section 6387 of the   Family
Code   is amended to read: 
   6387.  The court shall order the clerk of the court to provide to
a petitioner, without cost,  five   up to three
 certified, stamped, and endorsed copies of any order issued
under this part, and of an extension, modification, or termination of
the order.
   SEC. 24.    Section 6389 of the   Family
Code   is amended to read: 
   6389.  (a) A person subject to a protective order, as defined in
Section 6218, shall not own, possess, purchase, or receive a firearm
 or ammunition  while that protective order is in effect.
Every person who owns, possesses, purchases or receives, or attempts
to purchase or receive a firearm  or ammunition  while the
protective order is in effect is punishable pursuant to subdivision
(g) of Section 12021 of the Penal Code.
   (b) On all forms providing notice that a protective order has been
requested or granted, the Judicial Council shall include a notice
that, upon service of the order, the respondent shall be ordered to
relinquish possession or control of any firearms and not to purchase
or receive or attempt to purchase or receive any firearms for a
period not to exceed the duration of the restraining order.
   (c) (1) Upon issuance of a protective order, as defined in Section
6218, the court shall order the respondent to relinquish any firearm
in the respondent's immediate possession or control or subject to
the respondent's immediate possession or control.
   (2) The relinquishment ordered pursuant to paragraph (1) shall
occur by immediately surrendering the firearm in a safe manner, upon
request of any law enforcement officer, to the control of the
officer, after being served with the protective order. Alternatively,
if no request is made by a law enforcement officer, the
relinquishment shall occur within 24 hours of being served with the
order, by either surrendering the firearm in a safe manner to the
control of local law enforcement officials, or by selling the firearm
to a licensed gun dealer, as specified in Section 12071 of the Penal
Code. The law enforcement officer or licensed gun dealer taking
possession of the firearm pursuant to this subdivision shall issue a
receipt to the person relinquishing the firearm at the time of
relinquishment. A person ordered to relinquish any firearm pursuant
to this subdivision shall file with the court that issued the
protective order, within 48 hours after being served with the order,
the receipt showing the firearm was surrendered to a local law
enforcement agency or sold to a licensed gun dealer. Failure to
timely file a receipt shall constitute a violation of the protective
order.
   (3) The  application  forms for protective orders
adopted by the Judicial Council and approved by the Department of
Justice shall  be amended to  require the petitioner
to describe the number, types, and locations of any firearms
presently known by the petitioner to be possessed or controlled by
the respondent.
   (4) It is recommended that every law enforcement agency in the
state develop, adopt, and implement written policies and standards
for law enforcement officers who request immediate relinquishment of
firearms.
   (d) If the respondent declines to relinquish possession of any
firearm based on the assertion of the right against
self-incrimination, as provided by the Fifth Amendment to the United
States Constitution and Section 15 of Article I of the California
Constitution, the court may grant use immunity for the act of
relinquishing the firearm required under this section.
   (e) A local law enforcement agency may charge the respondent a fee
for the storage of any firearm pursuant to this section. This fee
shall not exceed the actual cost incurred by the local law
enforcement agency for the storage of the firearm. For purposes of
this subdivision, "actual cost" means expenses directly related to
taking possession of a firearm, storing the firearm, and surrendering
possession of the firearm to a licensed dealer as defined in Section
12071 of the Penal Code or to the respondent.
   (f) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (c) shall state on its face that the
respondent is prohibited from owning, possessing, purchasing, or
receiving a firearm while the protective order is in effect and that
the firearm shall be relinquished to the local law enforcement agency
for that jurisdiction or sold to a licensed gun dealer, and that
proof of surrender or sale shall be filed with the court within a
specified period of receipt of the order. The order shall also state
on its face the expiration date for relinquishment. Nothing in this
section shall limit a respondent's right under existing law to
petition the court at a later date for modification of the order.
   (g) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (c) shall prohibit the person from
possessing or controlling any firearm for the duration of the order.
At the expiration of the order, the local law enforcement agency
shall return possession of any surrendered firearm to the respondent,
within five days after the expiration of the relinquishment order,
unless the local law enforcement agency determines that (1) the
firearm has been stolen, (2) the respondent is prohibited from
possessing a firearm because the respondent is in any prohibited
class for the possession of firearms, as defined in Sections 12021
and 12021.1 of the Penal Code and Sections 8100 and 8103 of the
Welfare and Institutions Code, or (3) another successive restraining
order is  used   issued  against the
respondent under this section. If the local law enforcement agency
determines that the respondent is the legal owner of any firearm
deposited with the local law enforcement agency and is prohibited
from possessing any firearm, the respondent shall be entitled to sell
or transfer the firearm to a licensed dealer as defined in Section
12071 of the Penal Code. If the firearm has been stolen, the firearm
shall be restored to the lawful owner upon his or her identification
of the firearm and proof of ownership.
   (h) The court may, as part of the relinquishment order, grant an
exemption from the relinquishment requirements of this section for a
particular firearm if the respondent can show that a particular
firearm is necessary as a condition of continued employment and that
the current employer is unable to reassign the respondent to another
position where a firearm is unnecessary. If an exemption is granted
pursuant to this subdivision, the order shall provide that the
firearm shall be in the physical possession of the respondent only
during scheduled work hours and during travel to and from his or her
place of employment. In any case involving a peace officer who as a
condition of employment and whose personal safety depends on the
ability to carry a firearm, a court may allow the peace officer to
continue to carry a firearm, either on duty or off duty, if the court
finds by a preponderance of the evidence that the officer does not
pose a threat of harm. Prior to making this finding, the court shall
require a mandatory psychological evaluation of the peace officer and
may require the peace officer to enter into counseling or other
remedial treatment program to deal with any propensity for domestic
violence.
   (i) During the period of the relinquishment order, a respondent is
entitled to make one sale of all firearms that are in the possession
of a local law enforcement agency pursuant to this section. A
licensed gun dealer, who presents a local law enforcement agency with
a bill of sale indicating that all firearms owned by the respondent
that are in the possession of the local law enforcement agency have
been sold by the respondent to the licensed gun dealer, shall be
given possession of those firearms, at the location where a
respondent's firearms are stored, within five days of presenting the
local law enforcement agency with a bill of sale.
   (j) The disposition of any unclaimed property under this section
shall be made pursuant to Section 1413 of the Penal Code.
   (k) The return of a firearm to any person pursuant to subdivision
(g) shall not be subject to the requirements of subdivision (d) of
Section 12072 of the Penal Code.
   (l) If the respondent notifies the court that he or she owns a
firearm that is not in his or her immediate possession, the court may
limit the order to exclude that firearm if the judge is satisfied
the respondent is unable to gain access to that firearm while the
protective order is in effect.
   (m) Any respondent to a protective order who violates any order
issued pursuant to this section shall be punished under the
provisions of subdivision (g) of Section 12021 of the Penal Code.
   SEC. 25.    Section 6103.2 of the  
Government Code   is amended to read: 
   6103.2.  (a) Section 6103 does not apply to any fee or charge or
expense for official services rendered by a sheriff or marshal in
connection with the levy of writs of attachment, execution,
possession, or sale. The fee, charge, or expense may be advanced to
the sheriff or marshal, as otherwise required by law.
   (b) (1) Notwithstanding Section 6103, the sheriff or marshal, in
connection with the service of process or notices, may require that
all fees which a public agency, or any person or entity, is required
to pay under provisions of law other than this section, be prepaid by
a public agency named in Section 6103, or by any person or entity,
prior to the performance of any official act. This authority to
require prepayment shall include fees governed by Section 6103.5.
   (2) This subdivision does not apply to the service of process or
notices in any action by the district attorney's office for the
establishment or enforcement of a child support obligation.
   (3) This subdivision does not apply to a particular jurisdiction
unless the sheriff or marshal, as the case may be, imposes the
requirement of prepayment upon public agencies and upon all persons
or entities within the private sector.
   (4) The requirement for prepayment of a fee deposit does not apply
to orders or injunctions described in paragraph (1) of subdivision
 (q)   (x)  of Section 527.6  and
  ,   paragraph (1) of subdivision (w) of 
Section 527.8  , or paragraph (1) of subdivision (w) of Section
527.85  of the Code of Civil Procedure, Division 10 (commencing
with Section 6200) of the Family Code (Prevention of Domestic
Violence), and Chapter 11 (commencing with Section 15600) of Part 3
of Division 9 of the Welfare and Institutions Code (Elder Abuse and
Dependent Adult Civil Protection Act).
   However, a sheriff or marshal may submit a billing to the superior
court for payment of fees in the manner prescribed by the Judicial
Council irrespective of the in forma pauperis status of any party
under Rules 3.50 to 3.63, inclusive, of the California Rules of
Court. The fees for service, cancellation of service, and making a
not found return may not exceed the amounts provided in Sections
26721, 26736, and 26738, respectively, and are subject to the
provisions of Section 26731.
   SEC. 2.   SEC. 26.   Section 136.2 of
the Penal Code is amended to read:
   136.2.  (a) Except as provided in subdivision (c), upon a good
cause belief that harm to, or intimidation or dissuasion of, a victim
or witness has occurred or is reasonably likely to occur, any court
with jurisdiction over a criminal matter may issue orders including,
but not limited to, the following:
   (1) Any order issued pursuant to Section 6320 of the Family Code.
   (2) An order that a defendant shall not violate any provision of
Section 136.1.
   (3) An order that a person before the court other than a
defendant, including, but not limited to, a subpoenaed witness or
other person entering the courtroom of the court, shall not violate
any provisions of Section 136.1.
                                                     (4) An order
that any person described in this section shall have no communication
whatsoever with any specified witness or any victim, except through
an attorney under any reasonable restrictions that the court may
impose.
   (5) An order calling for a hearing to determine if an order as
described in paragraphs (1) to (4), inclusive, should be issued.
   (6) An order that a particular law enforcement agency within the
jurisdiction of the court provide protection for a victim or a
witness, or both, or for immediate family members of a victim or a
witness who reside in the same household as the victim or witness or
within reasonable proximity of the victim's or witness' household, as
determined by the court. The order shall not be made without the
consent of the law enforcement agency except for limited and
specified periods of time and upon an express finding by the court of
a clear and present danger of harm to the victim or witness or
immediate family members of the victim or witness.
   For purposes of this paragraph, "immediate family members" include
the spouse, children, or parents of the victim or witness.
   (7) (A) Any order protecting victims of violent crime from all
contact by the defendant, or contact, with the intent to annoy,
harass, threaten, or commit acts of violence, by the defendant. The
court or its designee shall transmit orders made under this paragraph
to law enforcement personnel within one business day of the
issuance, modification, extension, or termination of the order,
pursuant to subdivision (a) of Section 6380 of the Family Code. It is
the responsibility of the court to transmit the modification,
extension, or termination orders made under this paragraph to the
same agency that entered the original protective order into the
Domestic Violence Restraining Order System.
   (B) (i) If a court does not issue an order pursuant to
subparagraph (A) in a case in which the defendant is charged with a
crime of domestic violence as defined in Section 13700, the court on
its own motion shall consider issuing a protective order upon a good
cause belief that harm to, or intimidation or dissuasion of, a victim
or witness has occurred or is reasonably likely to occur, that
provides as follows:
   (I) The defendant shall not own, possess, purchase, receive, or
attempt to purchase or receive, a firearm while the protective order
is in effect.
   (II) The defendant shall relinquish any firearms that he or she
owns or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.
   (ii) Every person who owns, possesses, purchases, or receives, or
attempts to purchase or receive, a firearm while this protective
order is in effect is punishable pursuant to subdivision (g) of
Section 12021.
   (C) Any order issued, modified, extended, or terminated by a court
pursuant to this paragraph shall be issued on forms adopted by the
Judicial Council of California and that have been approved by the
Department of Justice pursuant to subdivision (i) of Section 6380 of
the Family Code. However, the fact that an order issued by a court
pursuant to this section was not issued on forms adopted by the
Judicial Council and approved by the Department of Justice shall not,
in and of itself, make the order unenforceable.
   (b) Any person violating any order made pursuant to paragraphs (1)
to (7), inclusive, of subdivision (a) may be punished for any
substantive offense described in Section 136.1, or for a contempt of
the court making the order. A finding of contempt shall not be a bar
to prosecution for a violation of Section 136.1. However, any person
so held in contempt shall be entitled to credit for any punishment
imposed therein against any sentence imposed upon conviction of an
offense described in Section 136.1. Any conviction or acquittal for
any substantive offense under Section 136.1 shall be a bar to a
subsequent punishment for contempt arising out of the same act.
   (c) (1) Notwithstanding any other provision of law, in the event
that two or more restraining or protective orders, including
emergency protective orders, are issued under this code, the Code of
Civil Procedure, the Family Code, or the Welfare and Institutions
Code that satisfy all of the requirements set forth in subdivision
(b), the orders shall be enforced in a manner that provides the
greatest protection to the individuals protected under the orders and
provides the most restrictions to the restrained party.
   (2) (A) At least one of the protected individuals is identified in
all of the orders.
   (B) The restrained party is the same in all of the orders.
   (C) The orders are in conflict.
   (d) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm while the protective order is in
effect.
   (2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.
   (3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm while the protective order
is in effect is punishable pursuant to subdivision (g) of Section
12021 of the Penal Code.
   (e) (1) In all cases where the defendant is charged with a crime
of domestic violence, as defined in Section 13700, the court shall
consider issuing the above-described orders on its own motion. All
interested parties shall receive a copy of those orders. In order to
facilitate this, the court's records of all criminal cases involving
domestic violence shall be marked to clearly alert the court to this
issue.
   (2) Custody and visitation with respect to the defendant and his
or her minor children may be ordered by a family or juvenile court
consistent with the protocol established pursuant to subdivision (f),
but if ordered after a criminal protective order has been issued
pursuant to this section, the custody and visitation order shall make
reference to, and acknowledge the precedence of enforcement of, any
appropriate criminal protective order. On or before July 1, 2006, the
Judicial Council shall modify the criminal and civil court forms
consistent with this subdivision.
   (f) On or before January 1, 2003, the Judicial Council shall
promulgate a protocol, for adoption by each local court in
substantially similar terms, to provide for the timely coordination
of all orders against the same defendant and in favor of the same
named victim or victims. The protocol shall include, but shall not be
limited to, mechanisms for assuring appropriate communication and
information sharing between criminal, family, and juvenile courts
concerning orders and cases that involve the same parties, and shall
permit a family or juvenile court order to coexist with a criminal
court protective order subject to the following conditions:
   (1) Any order that permits contact between the restrained person
and his or her children shall provide for the safe exchange of the
children and shall not contain language either printed or handwritten
that violates a "no contact order" issued by a criminal court.
   (2) Safety of all parties shall be the courts' paramount concern.
The family or juvenile court shall specify the time, day, place, and
manner of transfer of the child, as provided in Section 3100 of the
Family Code.
   (g) On or before January 1, 2003, the Judicial Council shall
modify the criminal and civil court protective order forms consistent
with this section.
   (h) In any case in which a complaint, information, or indictment
charging a crime of domestic violence, as defined in Section 13700,
has been filed, the court may consider, in determining whether good
cause exists to issue an order under paragraph (1) of subdivision
(a), the underlying nature of the offense charged, and the
information provided to the court pursuant to Section 273.75.
   SEC. 27.    Section 213.5 of the   Welfare
and Institutions Code   is amended to read: 
   213.5.  (a) After a petition has been filed pursuant to Section
311 to declare a child a dependent child of the juvenile court, and
until the time that the petition is dismissed or dependency is
terminated, upon application in the manner provided by Section 527 of
the Code of Civil Procedure  or in the manner provided by
Section 6300 of the Family Code, if related to domestic violence
 , the juvenile court  may   has exclusive
jurisdiction to  issue ex parte orders (1) enjoining any person
from molesting, attacking, striking,  sexually assaulting,
stalking, or battering   stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
653m of the Penal Code   , destroying the personal property,
contacting, either directly or indirectly, by mail or otherwise,
coming within a specified distance of, or disturbing the peace of
 the child or any other child in the household;  and 
(2) excluding any person from the dwelling of the person who has
care, custody, and control of the child  ; and (3) enjoining
any person from behavior, including contacting, threatening, or
disturbing the peace of the child, that the court determines is
necessary to effectuate orders under paragraph (1) or (2)  .
A court may also issue an ex parte order enjoining any person from
 contacting, threatening, molesting, attacking, striking,
sexually assaulting, stalking, battering, or disturbing the peace
  molesting, attacking, striking, stalking, threatening,
sexually assaulting, battering, harassing, telephoning, including,
but not limited to, making annoying telephone calls as described in
Section 635m of the Penal Code   , destroying the personal
property, contacting, either directly or indirectly, by mail or
otherwise, coming within a specified distance of, or disturbing the
peace  of any parent, legal guardian, or current caretaker of
the child, regardless of whether the child resides with that parent,
legal guardian, or current caretaker, upon application in the manner
provided by Section 527 of the Code of Civil Procedure  or, if
related to domestic violence, in the manner provided by Section 6300
of the Family Code. A court may also issue an ex parte order
enjoining any person from molesting, attacking, striking, stalking,
threatening, sexually assaulting, battering, harassing, telephoning,
including, but not limited to, making annoying telephone calls as
described in Section 635m of the Penal Code, destroying the personal
property, contacting, either directly or indirectly, by mail or
otherwise, coming within a specified distance of, or disturbing the
peace of the child's current or former social worker or court
appointed special advocate, upon app   lication in the
manner provided by Section 527 of the Code of Civil Procedure  .

   (b) After a petition has been filed pursuant to Section 601 or 602
to declare a child a ward of the juvenile court, and until the time
that the petition is dismissed or wardship is terminated, upon
application in the manner provided by Section 527 of the Code of
Civil Procedure  or, if related to domestic violence, in the
manner provided by Section 6300 of the Family Code  , the
juvenile court may issue ex parte orders (1) enjoining any person
from molesting, attacking,  threatening, sexually assaulting,
stalking, or battering   striking, stalking,
threatening, sexually assaulting, battering, harassing, telephoning,
  including, but not limited to, making annoying telephone
calls as described in   Section 653m of the Penal Code 
 , destroying the personal property, contacting, either directly
or indirectly, by mail or otherwise, coming within a specified
distance of, or disturbing the peace of  the child or any other
child in the household; (2) excluding any person from the dwelling of
the person who has care, custody, and control of the child; or (3)
enjoining the child from contacting, threatening, stalking, or
disturbing the peace of any person the court finds to be at risk from
the conduct of the child, or with whom association would be
detrimental to the child.  A court may also issue an ex 
 parte order enjoining any person from molesting, attacking,
striking, stalking, threatening, sexually assaulting, battering,
harassing, telephoning, including, but not limited to, making
annoying   telephone calls as described in Section 635m of
the Penal Code, destroying the personal property, contacting, either
directly or indirectly, by mail or otherwise, coming within a
specified distance of, or disturbing the peace of any parent, legal
guardian, or current caretaker of the child, regardless of whether
the child resides with that parent, legal guardian, or current
caretaker, upon application in the manner provided by Section 527 of
the Code of Civil Procedure or, if related to domestic violence, in
the manner provided by Section 6300 of the Family Code. A court may
also issue an ex parte order enjoining any person from molesting,
attacking, striking, stalking, threatening, sexually assaulting,
battering, harassing, telephoning, including, but not limited to,
making annoying telephone calls as described in Section 635m of the
Penal Code, destroying the personal property, contacting, either
directly or indirectly, by mail or otherwise, coming within a
specified distance of, or disturbing the peace of   the
child's current or former probation officer or court appointed
special advocate, upon application in the manner provided by Section
527 of the Code of Civil Procedure. 
   (c) If a temporary restraining order is granted without notice,
the matter shall be made returnable on an order requiring cause to be
shown why the order should not be granted, on the earliest day that
the business of the court will permit, but not later than  15
  21  days or, if good cause appears to the court,
 20   25  days from the date the temporary
restraining order is granted. The court may, on the motion of the
person seeking the restraining order, or on its own motion, shorten
the time for service of the order to show cause on the person to be
restrained. The court may, upon its own motion or the filing of
 an affidavit   a declaration  by the
person seeking the restraining order, find that the person to be
restrained could not be served within the time required by law and
reissue an order previously issued and dissolved by the court for
failure to serve the person to be restrained.  The reissued order
shall remain in effect until the date set for the hearing.  The
reissued order shall state on its face the date of expiration of the
order. Any hearing pursuant to this section may be held
simultaneously with any regularly scheduled hearings held in
proceedings to declare a child a dependent child or ward of the
juvenile court pursuant to Section 300, 601, or 602, or subsequent
hearings regarding the dependent child or ward.
   (d) The juvenile court may issue, upon notice and a hearing, any
of the orders set forth in subdivisions (a), (b), and (c). Any
restraining order granted pursuant to this subdivision shall remain
in effect, in the discretion of the court, no more than three years,
unless otherwise terminated by the court, extended by mutual consent
of all parties to the restraining order, or extended by further order
of the court on the motion of any party to the restraining order.
   (e) (1) The juvenile court may issue an order made pursuant to
subdivision (a),  (c),   (b),  or (d)
excluding a person from a residence or dwelling. This order may be
issued for the time and on the conditions that the court determines,
regardless of which party holds legal or equitable title or is the
lessee of the residence or dwelling.
   (2) The court may issue an order under paragraph (1) only on a
showing of all of the following:
   (A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
   (B) That the party to be excluded has assaulted or threatens to
assault the other party or any other person under the care, custody,
and control of the other party, or any minor child of the parties or
of the other party.
   (C) That physical or emotional harm would otherwise result to the
other party, to any person under the care, custody, and control of
the other party, or to any minor child of the parties or of the other
party.
   (f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
shall state on its face the date of expiration of the order.
   (g)  The juvenile court shall order any designated person
or attorney to mail a copy of any   All data with
respect to a juvenile court protective  order, or extension,
modification, or termination thereof, granted pursuant to subdivision
(a), (b), (c), or (d),  by the close of the business day on
which the order, extension, modification, or termination was granted,
and any subsequent proof of service thereof, to each local law
enforcement agency designated by the person seeking the restraining
order or his or her attorney having jurisdiction over the residence
of the person who has care, custody, and control of the child and
other locations where the court determines that acts of domestic
violence or abuse against the child or children are likely to occur.
Each appropriate law enforcement agency shall make available through
an existing system for verification, information as to the existence,
terms, and current status of any order issued pursuant to
subdivision (a), (b), (c), or (d) to any law enforcement officer
responding to the scene of reported domestic violence or abuse.
  shall be transmitted by the court or its designee,
within one business day, to law enforcement personnel by either one
of the following methods:  
   (1) Transmitting a physical copy of the order to a local law
enforcement agency authorized by the Department of Justice to enter
orders into the California Law Enforcement Telecommunications System
(CLETS).  
   (2) With the approval of the Department of Justice, entering the
order into CLETS directly. 
   (h) Any willful and knowing violation of any order granted
pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
punishable under Section 273.65 of the Penal Code.
   (i) A juvenile court restraining order related to domestic
violence issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.

   (j) Information on any juvenile court restraining order related to
domestic violence issued by a court pursuant to this section shall
be transmitted to the Department of Justice in accordance with
subdivision (b) of Section 6380 of the Family Code. 

   (k) 
    (j)  (1) Prior to a hearing on the issuance or denial of
an order under this part, a search shall be conducted as described
in subdivision (a) of Section 6306 of the Family Code.
   (2) Prior to deciding whether to issue an order under this part,
the court shall consider the following information obtained pursuant
to a search conducted under paragraph (1): any conviction for a
violent felony specified in Section 667.5 of the Penal Code or a
serious felony specified in Section 1192.7 of the Penal Code; any
misdemeanor conviction involving domestic violence, weapons, or other
violence; any outstanding warrant; parole or probation status; any
prior restraining order; and any violation of a prior restraining
order.
   (3) (A) If the results of the search conducted pursuant to
paragraph (1) indicate that an outstanding warrant exists against the
subject of the search, the court shall order the clerk of the court
to immediately notify, by the most effective means available,
appropriate law enforcement officials of any information obtained
through the search that the court determines is appropriate. The law
enforcement officials notified shall take all actions necessary to
execute any outstanding warrants or any other actions, as appropriate
and as soon as practicable.
   (B) If the results of the search conducted pursuant to paragraph
(1) indicate that the subject of the search is currently on parole or
probation, the court shall order the clerk of the court to
immediately notify, by the most effective means available, the
appropriate parole or probation officer of any information obtained
through the search that the court determines is appropriate. The
parole or probation officer notified shall take all actions necessary
to revoke any parole or probation, or any other actions, with
respect to the subject person, as appropriate and as soon as
practicable. 
   (  l  )
    (k)  Upon making any order for custody or visitation
pursuant to this section, the court shall follow the procedures
specified in subdivisions (c) and (d) of Section 6323 of the Family
Code.
   SEC. 28.    Section 15657.03 of the  
Welfare and Institutions Code   is amended to read: 
   15657.03.  (a)  (1)    An elder or dependent
adult who has suffered abuse as defined in Section 15610.07 may seek
protective orders as provided in this section. 
   (2) A petition may be brought on behalf of an abused elder or
dependent adult by a conservator or other person legally authorized
to seek such relief. If there is no conservator, any person
referenced in paragraph (4) of subdivision (a) of Section 1820 of the
Probate Code may seek protective orders as provided in this section.

   (b) For the purposes of this section  , "protective
  :  
   (1) "Conservator" means the legally appointed conservator of the
person or estate of the petitioner, or both.  
   (2) "Petitioner" means the elder or dependent adult to be
protected by the protective orders and, if the court grants the
petition, the protected person. 
    (3)     "Protective  order" means an
order that includes any of the following restraining orders, whether
issued ex parte, after notice and hearing, or in a judgment: 

   (1) 
    (A)  An order enjoining a party from abusing,
intimidating, molesting, attacking, striking, stalking, threatening,
sexually assaulting, battering, harassing, telephoning, including,
but not limited to,  making  annoying telephone calls as
described in Section 653m of the Penal Code, destroying personal
property, contacting, either directly or indirectly, by mail or
otherwise, or coming within a specified distance of, or disturbing
the peace of the petitioner, and, in the discretion of the court, on
a showing of good cause, of other named family or household members
or a conservator, if any, of the petitioner. 
   (2) 
    (B)  An order excluding a party from the petitioner's
residence or dwelling, except that this order shall not be issued if
legal or equitable title to, or lease of, the residence or dwelling
is in the sole name of the party to be excluded, or is in the name of
the party to be excluded and any other party besides the petitioner.

   (3) 
    (C)  An order enjoining a party from specified behavior
that the court determines is necessary to effectuate orders described
in  paragraph (1) or (2)   subparagraph (A) or
(B)  . 
   (4) "Respondent" means the person against whom the protective
orders are sought and, if the petition is granted, the restrained
person. 
   (c) An order may be issued under this section, with or without
notice, to restrain any person for the purpose of preventing a
recurrence of abuse, if  an affidavit   a
declaration  shows, to the satisfaction of the court, reasonable
proof of a past act or acts of abuse of the petitioning elder or
dependent adult.
   (d)  (1)    Upon filing a
petition for protective orders under this section, the petitioner may
obtain a temporary restraining order in accordance with Section 527
of the Code of Civil Procedure, except to the extent this section
provides a rule that is inconsistent. The temporary restraining order
may include any of the protective orders described in  paragraph
(3) of  subdivision (b). However, the court may issue an ex
parte order excluding a party from the petitioner's residence or
dwelling only on a showing of all of the following: 
   (A) 
    (1)  Facts sufficient for the court to ascertain that
the party who will stay in the dwelling has a right under color of
law to possession of the premises. 
   (B) 
    (2)  That the party to be excluded has assaulted or
threatens to assault the petitioner, other named family or household
member of the petitioner, or  a  conservator of the
petitioner. 
   (C) 
    (3)  That physical or emotional harm would otherwise
result to the petitioner, other named family or household member of
the petitioner, or  a  conservator of the petitioner.

   (2) If a temporary restraining order is granted without notice,
the matter shall be made returnable on an order requiring cause to be
shown why a permanent order should not be granted, on the earliest
day that the business of the court will permit, but not later than 20
days or, if good cause appears to the court, 25 days from the date
the temporary restraining order is granted, unless the order is
otherwise modified or terminated by the court.  
   (e) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day
            to permit effective review, in which case the order shall
be granted or denied on the next day of judicial business in
sufficient time for the order to be filed that day with the clerk of
the court.  
   (f) Within 21 days, or, if good cause appears to the court, 25
days, from the date that a request for a temporary restraining order
is granted or denied, a hearing shall be held on the petition. If no
request for temporary orders is made, the hearing shall be held
within 21 days, or, if good cause appears to the court, 25 days, from
the date that the petition is filed.  
   (g) The respondent may file a response that explains, excuses,
justifies, or denies the alleged abuse.  
   (e) 
    (h)  The court may issue, upon notice and a hearing, any
of the orders set forth in  paragraph (3) of  subdivision
(b). The court may issue, after notice and hearing, an order
excluding a person from a residence or dwelling if the court finds
that physical or emotional harm would otherwise result to the
petitioner, other named family or household member of the petitioner,
or conservator of the petitioner. 
   (f) 
    (i)     (1)  In the discretion of the
court, an order issued after notice and a hearing under this section
may have a duration of not more than  three  
five  years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed upon the
request of a party, either for  three   five
 years or permanently, without a showing of any further abuse
since the issuance of the original order, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party. The
 request for renewal may be brought at any time within the three
months before the expiration of the order. 
    (2)     The  failure to state the
expiration date on the face of the form creates an order with a
duration of three years from the date of issuance. 
   (j) In a proceeding under this section, a support person may
accompany a party in court and, if the party is not represented by an
attorney, may sit with the party at the table that is generally
reserved for the party and the party's attorney. The support person
is present to provide moral and emotional support for a person who
alleges he or she is a victim of abuse. The support person is not
present as a legal adviser and may not provide legal advice. The
support person may assist the person who alleges he or she is a
victim of abuse in feeling more confident that he or she will not be
injured or threatened by the other party during the proceedings if
the person who alleges he or she is a victim of abuse and the other
party are required to be present in close proximity. This subdivision
does not preclude the court from exercising its discretion to remove
the support person from the courtroom if the court believes the
support person is prompting, swaying, or influencing the party
assisted by the support person.  
   (g) 
    (k)  Upon the filing of a petition for protective orders
under this section, the respondent shall be personally served with a
copy of the petition, notice of the hearing or order to show cause,
temporary restraining order, if any, and any  affidavits
  declarations  in support of the petition. Service
shall be made at least five days before the hearing. The court may,
on motion of the petitioner or on its own motion, shorten the time
for service on the respondent. 
   (l) A notice of hearing under this section shall notify the
respondent that if he or she does not attend the hearing, the court
may make orders against him or her that could last up to three years.
 
   (h) 
    (m)     (1)  The court may, upon the
filing of  an affidavit   a declaration  by
the  applicant   petitioner  that the
respondent could not be served within the time required by statute,
reissue an order previously issued and dissolved by the court for
failure to serve the respondent. The reissued order shall  be
made returnable on the earliest day that the business of the court
will permit, but not later than 20 days or, if good cause appears to
the court, 25 days from the date of reissuance. The  
remain in effect until the date set for the hearing. 
    (2)     The  reissued order shall
state on its face the date of expiration of the order. 
   (i) 
    (n)  (1) If a  person   respondent,
 named in an order issued under this section  ,
 after a hearing, has not been served personally with the
order but has received actual notice of the existence and substance
of the order through personal appearance in court to hear the terms
of the order from the court, no additional proof of service is
required for enforcement of the order.
   (2) If the  person   respondent  named
in a temporary restraining order is personally served with the order
and notice of hearing with respect to a restraining order or
protective order based  thereon   on the
temporary restraining order  , but the  person 
 respondent  does not appear at the hearing, either
personally or by  counsel   an attorney  ,
and the terms and conditions of the restraining order or protective
order  issued at the hearing  are identical to the temporary
restraining order, except for the duration of the order, then the
restraining order or protective order  issued at the hearing
 may be served on the  person   respondent
 by first-class mail sent to  that person  
the respondent  at the most current address for the 
person   respondent that is  available to the
court.
   (3) The  judicial   Judicial Council 
form for  temporary  orders issued pursuant to this
subdivision shall contain a statement in substantially the following
form: 
   "NO ADDITIONAL PROOF OF SERVICE IS REQUIRED IF THE FACE OF THIS
FORM INDICATES THAT BOTH PARTIES WERE PERSONALLY PRESENT AT THE
HEARING WHERE THE ORDER WAS ISSUED. IF YOU HAVE BEEN PERSONALLY
SERVED WITH A TEMPORARY RESTRAINING ORDER OR EMERGENCY PROTECTIVE
ORDER AND NOTICE OF HEARING, BUT YOU DO NOT APPEAR AT THE HEARING
EITHER IN PERSON OR BY COUNSEL, AND A RESTRAINING ORDER OR PROTECTIVE
ORDER IS ISSUED AT THE HEARING THAT DOES NOT DIFFER FROM THE PRIOR
TEMPORARY RESTRAINING ORDER OR EMERGENCY PROTECTIVE ORDER, A COPY OF
THE ORDER WILL BE SERVED UPON YOU BY MAIL AT THE FOLLOWING ADDRESS
____. IF THAT ADDRESS IS NOT CORRECT OR YOU WISH TO VERIFY THAT THE
TEMPORARY OR EMERGENCY ORDER WAS MADE PERMANENT WITHOUT SUBSTANTIVE
CHANGE, CALL THE CLERK OF THE COURT AT ____."  
   "If you have been personally served with a temporary restraining
order and notice of hearing, but you do not appear at the hearing
either in person or by a lawyer, and a restraining order that is the
same as this temporary restraining order except for the expiration
date is issued at the hearing, a copy of the order will be served on
you by mail at the following address: ____.  
   If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court."  
   (o) (1) Information on any protective order relating to elder or
dependent adult abuse issued by a court pursuant to this section
shall be transmitted to the Department of Justice in accordance with
either paragraph (2) or (3).  
   (j) (1) 
    (2)  The court shall order the petitioner or the
attorney for the petitioner to deliver  , or the clerk of the
court to mail,  a copy of an order issued under this
section, or a reissuance, extension, modification, or termination of
the order, and any subsequent proof of service, by the close of the
business day on which the order, reissuance, extension, modification,
or termination was made, to each  local  law
enforcement agency  designated by the petitioner or the
attorney for the petitioner  having jurisdiction over the
residence of the petitioner, and to any additional law enforcement
agencies within the court's discretion as are requested by the
petitioner.  Each  
   (3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
 
   (A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).  
   (B) With the approval of the Department of Justice, entering the
order or proof of service into CLETS directly. 
    (4)     Each  appropriate law
enforcement agency shall make available information as to the
existence and current status of these orders to law enforcement
officers responding to the scene of reported abuse. 
   (2) 
    (5)  An order issued under this section shall, on
request of the petitioner, be served on the respondent, whether or
not the respondent has been taken into custody, by any law
enforcement officer who is present at the scene of reported abuse
involving the parties to the proceeding. The petitioner shall provide
the officer with an endorsed copy of the order and a proof of
service, which the officer shall complete and send to the issuing
court. 
   (3) 
    (6)  Upon receiving information at the scene of an
incident of abuse that a protective order has been issued under this
section, or that a person who has been taken into custody is the
respondent to that order, if the protected person cannot produce an
endorsed copy of the order, a law enforcement officer shall
immediately attempt to verify the existence of the order. 
   (4) 
    (7)  If the law enforcement officer determines that a
protective order has been issued, but not served, the officer shall
immediately notify the respondent of the terms of the order and where
a written copy of the order can be obtained, and the officer shall
at that time also enforce the order. The law enforcement officer's
verbal notice of the terms of the order shall constitute service of
the order and is sufficient notice for the purposes of this section
and for the purposes of Section 273.6 of the Penal Code. 
   (k) 
    (p)  Nothing in this section shall preclude either party
from representation by private counsel or from appearing on the
party's own behalf. 
   (l) 
    (q)  There is no filing fee for a petition, response, or
paper seeking the reissuance, modification, or enforcement of a
protective order filed in a proceeding brought pursuant to this
section. 
   (m) 
    (r)  Pursuant to paragraph (4) of subdivision (b) of
Section 6103.2 of the Government Code, a petitioner shall not be
required to pay a fee for law enforcement to serve an order issued
under this  chapter   section  . 
   (n) 
    (s)  The prevailing party in any action brought under
this section may be awarded court costs and attorney's fees, if any.

   (o) (1) An order issued pursuant to this section shall prohibit
the person subject to it from owning, possessing, purchasing,
receiving, or attempting to purchase orreceive, a firearm. 

   (2) Paragraph (1) shall not apply to a case consisting solely of
financial abuse unaccompanied by force, threat, harassment,
intimidation, or any other form of abuse.  
   (t) (1) A person subject to a protective order under this section
shall not own, possess, purchase, receive, or attempt to receive a
firearm or ammunition while the protective order is in effect. 

   (3) 
    (2)  The court shall order a person subject to a
protective order issued under this section to relinquish any firearms
he or she owns or possesses pursuant to Section 527.9 of the Code of
Civil Procedure. 
   (4) 
    (3)  Every person who owns, possesses, purchases, or
receives, or attempts to purchase or receive a firearm  or
ammunition  while the protective order is in effect is
punishable pursuant to subdivision (g) of Section 12021 of the Penal
Code. 
   (4) This subdivision shall not apply in a case in which the
protective order issued under this section was made solely on the
basis of financial abuse unaccompanied by force, threat, harassment,
intimidation, or any other form of abuse.  
   (p) 
    (u)  Any willful disobedience of any temporary
restraining order or restraining order after hearing granted under
this section is punishable pursuant to Section 273.6 of the Penal
Code. 
   (q) 
    (v)  This section does not apply to any action or
proceeding  covered   governed  by Title
1.6C (commencing with Section 1788) of Part 4 of Division 3 of the
Civil Code, by Chapter 3 (commencing with Section 525) of Title 7 of
Part 2 of the Code of Civil Procedure, or by Division 10 (commencing
with Section 6200) of the Family Code. Nothing in this section shall
preclude a petitioner's right to use other existing civil remedies.

   (r) 
    (w)  The Judicial Council shall  promulgate
  develop  forms  and   ,
 instructions  therefor  ,  and  rules
 for service of process, scheduling of hearings, and any
other matters required   relating to matters governed
 by this section. The petition and response forms shall be
simple and concise  , and their use by parties in actions brought
pursuant to this section shall be mandatory  . 
   (s) This section shall become operative on January 1, 2010.

   SEC. 29.    Section 15657.04 of the  
Welfare and Institutions Code   is amended to read: 
   15657.04.  (a) The court shall order that any party enjoined
pursuant to Section 15657.03 be prohibited from taking any action to
obtain the address or location of  a   any 
protected  party or a protected party's family members,
caretakers, or guardian   person  , unless there is
good cause not to make that order.
   (b) The Judicial Council shall promulgate  
develop  forms necessary to effectuate this section.
   SEC. 30.    This act shall become operative on
January 1, 2012.