AB 499, as amended, Ting. Judicial proceedings: injunctions prohibiting harassment.
Existing law provides that a person who has suffered harassment, as defined, may seek a temporary restraining order and an injunction prohibiting harassment. If issued, the injunction shall be in effect for a period of up to 3 years and may be renewed for another period of up to 3 years. If the form does not establish an expiration date for the injunction, existing law establishes a default duration of 3 years.
This bill would providebegin delete thatend deletebegin insert that, as of July 1, 2014,end insert the injunction shall remain in effect, subject to termination or modification by further order of the court, for up to 5 years and would extend the order renewal period for up to additional 5
years.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 527.6 of the Code of Civil Procedure is
2amended to read:
(a) (1) A person who has suffered harassment as
4defined in subdivision (b) may seek a temporary restraining order
5and an injunction prohibiting harassment as provided in this
6section.
7(2) A minor, under 12 years of age, accompanied by a duly
8appointed and acting guardian ad litem, shall be permitted to appear
9in court without counsel for the limited purpose of requesting or
10opposing a request for a temporary restraining order or injunction,
11or both, under this section as provided in Section 374.
12(b) For the purposes of this section:
13(1) “Course of
conduct” is a pattern of conduct composed of a
14series of acts over a period of time, however short, evidencing a
15continuity of purpose, including following or stalking an individual,
16making harassing telephone calls to an individual, or sending
17harassing correspondence to an individual by any means, including,
18but not limited to, the use of public or private mails, interoffice
19mail, facsimile, or computer email. Constitutionally protected
20activity is not included within the meaning of “course of conduct.”
21(2) “Credible threat of violence” is a knowing and willful
22statement or course of conduct that would place a reasonable person
23in fear for his or her safety, or the safety of his or her immediate
24family, and that serves no legitimate purpose.
25(3) “Harassment” is unlawful violence, a
credible threat of
26violence, or a knowing and willful course of conduct directed at
27a specific person that seriously alarms, annoys, or harasses the
28person, and that serves no legitimate purpose. The course of
29conduct must be such as would cause a reasonable person to suffer
30substantial emotional distress, and must actually cause substantial
31emotional distress to the petitioner.
32(4) “Petitioner” means the person to be protected by the
33temporary restraining order and injunction and, if the court grants
34the petition, the protected person.
35(5) “Respondent” means the person against whom the temporary
36restraining order and injunction are sought and, if the petition is
37granted, the restrained person.
P3 1(6) “Temporary
restraining order” and “injunction” mean orders
2that include any of the following restraining orders, whether issued
3ex parte or after notice and hearing:
4(A) An order enjoining a party from harassing, intimidating,
5molesting, attacking, striking, stalking, threatening, sexually
6assaulting, battering, abusing, telephoning, including, but not
7limited to, making annoying telephone calls, as described in Section
8653m of the Penal Code, destroying personal property, contacting,
9either directly or indirectly, by mail or otherwise, or coming within
10a specified distance of, or disturbing the peace of, the petitioner.
11(B) An order enjoining a party from specified behavior that the
12court determines is necessary to effectuate orders described in
13subparagraph (A).
14(7) “Unlawful violence” is any assault or battery, or stalking as
15prohibited in Section 646.9 of the Penal Code, but shall not include
16lawful acts of self-defense or defense of others.
17(c) In the discretion of the court, on a showing of good cause,
18a temporary restraining order or injunction issued under this section
19may include other named family or household members.
20(d) Upon filing a petition for an injunction under this section,
21the petitioner may obtain a temporary restraining order in
22accordance with Section 527, except to the extent this section
23provides a rule that is inconsistent. The temporary restraining order
24may include any of the restraining orders described in paragraph
25(6) of subdivision (b). A temporary
restraining order may be issued
26with or without notice, based on a declaration that, to the
27satisfaction of the court, shows reasonable proof of harassment of
28the petitioner by the respondent, and that great or irreparable harm
29would result to the petitioner.
30(e) A request for the issuance of a temporary restraining order
31without notice under this section shall be granted or denied on the
32same day that the petition is submitted to the court, unless the
33petition is filed too late in the day to permit effective review, in
34which case the order shall be granted or denied on the next day of
35judicial business in sufficient time for the order to be filed that day
36with the clerk of the court.
37(f) A temporary restraining order issued under this section shall
38remain in effect, at the
court’s discretion, for a period not to exceed
3921 days, or, if the court extends the time for hearing under
P4 1subdivision (g), not to exceed 25 days, unless otherwise modified
2or terminated by the court.
3(g) Within 21 days, or, if good cause appears to the court, 25
4days from the date that a petition for a temporary order is granted
5or denied, a hearing shall be held on the petition for the injunction.
6If no request for temporary orders is made, the hearing shall be
7held within 21 days, or, if good cause appears to the court, 25 days,
8from the date that the petition is filed.
9(h) The respondent may file a response that explains, excuses,
10justifies, or denies the alleged harassment or may file a
11cross-petition under this section.
12(i) At the hearing, the judge shall receive any testimony that is
13relevant, and may make an independent inquiry. If the judge finds
14by clear and convincing evidence that unlawful harassment exists,
15an injunction shall issue prohibiting the harassment.
16(j) (1) In the discretion of the court, an order issued after notice
17and hearing under this section may have a duration of not more
18thanbegin delete fiveend deletebegin insert threeend insert years, subject to termination or modification by
19further order of the court either on written stipulation filed with
20the court or on the motion of a party.begin delete The orderend deletebegin insert
These ordersend insert may
21be renewed, upon the request of a party, for a duration of not more
22thanbegin delete fiveend deletebegin insert threeend insert additional years, without a showing of any further
23harassment since the issuance of the original order, subject to
24termination or modification by further order of the court either on
25written stipulation filed with the court or on the motion of a party.
26begin delete Aend deletebegin insert The end insertrequest for renewal may be brought at any time within the
27three months before the expiration of the order.
28(2) The failure to state the expiration date on the face of the
29form creates an order with a duration of three years from the date
30of issuance.
31(3) If an action is filed for the purpose of terminating or
32modifying a protective order prior to the expiration date specified
33in the order by a party other than the protected party, the party
34who is protected by the order shall be given notice, pursuant to
35subdivision (b) of Section 1005, of the proceeding by personal
36service or, if the protected party has satisfied the requirements of
37Chapter 3.1 (commencing with Section 6205) of Division 7 of
38Title 1 of the Government Code, by service on the Secretary of
39State. If the party who is protected by the order cannot be notified
40prior to the hearing for modification or termination of the protective
P5 1order, the court shall deny the
motion to modify or terminate the
2order without prejudice or continue the hearing until the party who
3is protected can be properly noticed and may, upon a showing of
4good cause, specify another method for service of process that is
5reasonably designed to afford actual notice to the protected party.
6The protected party may waive his or her right to notice if he or
7she is physically present in court and does not challenge the
8sufficiency of the notice.
9(k) This section does not preclude either party from
10representation by private counsel or from appearing on the party’s
11own behalf.
12(l) In a proceeding under this section if there are allegations of
13unlawful violence or credible threats of violence, a support person
14may accompany a party in court and, if the party is not represented
15by
an attorney, may sit with the party at the table that is generally
16reserved for the party and the party’s attorney. The support person
17is present to provide moral and emotional support for a person
18who alleges he or she is a victim of violence. The support person
19is not present as a legal adviser and may not provide legal advice.
20The support person may assist the person who alleges he or she is
21a victim of violence in feeling more confident that he or she will
22 not be injured or threatened by the other party during the
23proceedings if the person who alleges he or she is a victim of
24violence and the other party are required to be present in close
25proximity. This subdivision does not preclude the court from
26exercising its discretion to remove the support person from the
27courtroom if the court believes the support person is prompting,
28swaying, or influencing the party assisted by the support person.
29(m) Upon the filing of a petition for an injunction under this
30section, the respondent shall be personally served with a copy of
31the petition, temporary restraining order, if any, and notice of
32hearing of the petition. Service shall be made at least five days
33before the hearing. The court may for good cause, on motion of
34the petitioner or on its own motion, shorten the time for service
35on the respondent.
36(n) A notice of hearing under this section shall notify the
37respondent that if he or she does not attend the hearing, the court
38may make orders against him or her that could last up to three
39years.
P6 1(o) (1) The court may, upon the filing of a declaration by the
2petitioner that the respondent
could not be served within the time
3required by statute, reissue an order previously issued and dissolved
4by the court for failure to serve the respondent. The reissued order
5shall remain in effect until the date set for the hearing.
6(2) The reissued order shall state on its face the date of
7expiration of the order.
8(p) (1) If a respondent, named in a restraining order issued after
9a hearing, has not been served personally with the order but has
10received actual notice of the existence and substance of the order
11through personal appearance in court to hear the terms of the order
12from the court, no additional proof of service is required for
13enforcement of the order.
14(2) If the respondent named in a temporary
restraining order is
15personally served with the order and notice of hearing with respect
16to a restraining order or protective order based on the temporary
17restraining order, but the respondent does not appear at the hearing,
18either personally or by an attorney, and the terms and conditions
19of the restraining order or protective order issued at the hearing
20are identical to the temporary restraining order, except for the
21duration of the order, then the restraining order or protective order
22issued at the hearing may be served on the respondent by first-class
23mail sent to the respondent at the most current address for the
24respondent available to the court.
25(3) The Judicial Council form for temporary orders issued
26pursuant to this subdivision shall contain a statement in
27substantially the following form:
29“If you have been personally served with this temporary
30restraining order and notice of hearing, but you do not appear at
31the hearing either in person or by a lawyer, and a restraining order
32that is the same as this temporary restraining order except for the
33expiration date is issued at the hearing, a copy of the restraining
34order will be served on you by mail at the following address: ____.
35If that address is not correct or you wish to verify that the
36temporary restraining order was converted to a restraining order
37at the hearing without substantive change and to find out the
38duration of that order, contact the clerk of the court.”
P7 1(q) (1) Information on any temporary
restraining order or
2injunction relating to civil harassment issued by a court pursuant
3to this section shall be transmitted to the Department of Justice in
4accordance with either paragraph (2) or (3).
5(2) The court shall order the petitioner or the attorney for the
6petitioner to deliver a copy of an order issued under this section,
7or reissuance, extension, modification, or termination of the order,
8and any subsequent proof of service, by the close of the business
9day on which the order, reissuance, extension, modification, or
10termination was made, to a law enforcement agency having
11jurisdiction over the residence of the petitioner and to any
12additional law enforcement agencies within the court’s discretion
13as are requested by the petitioner.
14(3) Alternatively, the court or its
designee shall transmit, within
15one business day, to law enforcement personnel all information
16required under subdivision (b) of Section 6380 of the Family Code
17regarding any order issued under this section, or a reissuance,
18extension, modification, or termination of the order, and any
19subsequent proof of service, by either one of the following
20methods:
21(A) Transmitting a physical copy of the order or proof of service
22to a local law enforcement agency authorized by the Department
23of Justice to enter orders into the California Law Enforcement
24Telecommunications System (CLETS).
25(B) With the approval of the Department of Justice, entering
26the order or proof of service into CLETS directly.
27(4) Each appropriate law
enforcement agency shall make
28available information as to the existence and current status of these
29orders to law enforcement officers responding to the scene of
30reported harassment.
31(5) An order issued under this section shall, on request of the
32petitioner, be served on the respondent, whether or not the
33
respondent has been taken into custody, by any law enforcement
34officer who is present at the scene of reported harassment involving
35the parties to the proceeding. The petitioner shall provide the
36officer with an endorsed copy of the order and a proof of service
37that the officer shall complete and send to the issuing court.
38(6) Upon receiving information at the scene of an incident of
39harassment that a protective order has been issued under this
40section, or that a person who has been taken into custody is the
P8 1subject of an order, if the protected person cannot produce a
2certified copy of the order, a law enforcement officer shall
3immediately attempt to verify the existence of the order.
4(7) If the law enforcement officer determines that a protective
5order has been
issued, but not served, the officer shall immediately
6notify the respondent of the terms of the order and shall at that
7time also enforce the order. Verbal notice of the terms of the order
8shall constitute service of the order and is sufficient notice for the
9purposes of this section and for the purposes of Section 29825 of
10the Penal Code.
11(r) The prevailing party in any action brought under this section
12may be awarded court costs and attorney’s fees, if any.
13(s) Any willful disobedience of any temporary restraining order
14or injunction granted under this section is punishable pursuant to
15Section 273.6 of the Penal Code.
16(t) (1) A person subject to a protective order issued under this
17section shall not
own, possess, purchase, receive, or attempt to
18purchase or receive a firearm or ammunition while the protective
19order is in effect.
20(2) The court shall order a person subject to a protective order
21issued under this section to relinquish any firearms he or she owns
22or possesses pursuant to Section 527.9.
23(3) Every person who owns, possesses, purchases, or receives,
24or attempts to purchase or receive, a firearm or ammunition while
25the protective order is in effect is punishable pursuant to Section
2629825 of the Penal Code.
27(u) This section does not apply to any action or proceeding
28covered by Title 1.6C (commencing with Section 1788) of Part 4
29of Division 3 of the Civil Code or by Division 10 (commencing
30with Section
6200) of the Family Code. This section does not
31preclude a petitioner from using other existing civil remedies.
32(v) (1) The Judicial Council shall develop forms, instructions,
33and rules relating to matters governed by this section. The petition
34and response forms shall be simple and concise, and their use by
35parties in actions brought pursuant to this section shall be
36mandatory.
37(2) A temporary restraining order or injunction relating to civil
38harassment issued by a court pursuant to this section shall be issued
39on forms adopted by the Judicial Council of California and that
40have been approved by the Department of Justice pursuant to
P9 1subdivision (i) of Section 6380 of the Family Code. However, the
2fact that an order issued by a court pursuant to this section
was not
3issued on forms adopted by the Judicial Council and approved by
4the Department of Justice shall not, in and of itself, make the order
5unenforceable.
6(w) There is no filing fee for a petition that alleges that a person
7has inflicted or threatened violence against the petitioner, or stalked
8the petitioner, or acted or spoken in any other manner that has
9placed the petitioner in reasonable fear of violence, and that seeks
10a protective or restraining order or injunction restraining stalking
11or future violence or threats of violence, in any action brought
12pursuant to this section. No fee shall be paid for a subpoena filed
13in connection with a petition alleging these acts. No fee shall be
14paid for filing a response to a petition alleging these acts.
15(x) (1) Subject to paragraph (4) of subdivision (b) of Section
166103.2 of the Government Code, there shall be no fee for the
17service of process by a sheriff or marshal of a protective order,
18restraining order, or injunction to be issued, if either of the
19following conditions applies:
20(A) The protective order, restraining order, or injunction issued
21pursuant to this section is based upon stalking, as prohibited by
22Section 646.9 of the Penal Code.
23(B) The protective order, restraining order, or injunction issued
24pursuant to this section is based upon unlawful violence or a
25credible threat of violence.
26(2) The Judicial Council shall prepare and develop forms for
27persons who wish to avail themselves of the services
described in
28this subdivision.
29(y) This section shall remain in effect only until July 1, 2014,
30and as of that date is repealed, unless a later enacted statute, that
31is enacted before July 1, 2014, deletes or extends that date.
begin insertSection 527.6 is added to the end insertbegin insertCode of Civil Procedureend insertbegin insert,
33to read:end insert
(a) (1) A person who has suffered harassment as
35defined in subdivision (b) may seek a temporary restraining order
36and an injunction prohibiting harassment as provided in this
37section.
38(2) A minor, under 12 years of age, accompanied by a duly
39appointed and acting guardian ad litem, shall be permitted to
40appear in court without counsel for the limited purpose of
P10 1requesting or opposing a request for a temporary restraining order
2or injunction, or both, under this section as provided in Section
3374.
4(b) For the purposes of this section:
5(1) “Course of conduct” is a pattern of conduct composed of a
6
series of acts over a period of time, however short, evidencing a
7continuity of purpose, including following or stalking an individual,
8making harassing telephone calls to an individual, or sending
9harassing correspondence to an individual by any means,
10including, but not limited to, the use of public or private mails,
11interoffice mail, facsimile, or computer email. Constitutionally
12protected activity is not included within the meaning of “course
13of conduct.”
14(2) “Credible threat of violence” is a knowing and willful
15statement or course of conduct that would place a reasonable
16person in fear for his or her safety, or the safety of his or her
17immediate family, and that serves no legitimate purpose.
18(3) “Harassment” is unlawful violence, a credible threat of
19violence, or a knowing and willful course of conduct directed at
20a specific person that seriously alarms, annoys, or harasses
the
21person, and that serves no legitimate purpose. The course of
22conduct must be such as would cause a reasonable person to suffer
23substantial emotional distress, and must actually cause substantial
24emotional distress to the petitioner.
25(4) “Petitioner” means the person to be protected by the
26temporary restraining order and injunction and, if the court grants
27the petition, the protected person.
28(5) “Respondent” means the person against whom the temporary
29restraining order and injunction are sought and, if the petition is
30granted, the restrained person.
31(6) “Temporary restraining order” and “injunction” mean
32orders that include any of the following restraining orders, whether
33issued ex parte or after notice and hearing:
34(A) An order enjoining a party
from harassing, intimidating,
35molesting, attacking, striking, stalking, threatening, sexually
36assaulting, battering, abusing, telephoning, including, but not
37limited to, making annoying telephone calls, as described in Section
38653m of the Penal Code, destroying personal property, contacting,
39either directly or indirectly, by mail or otherwise, or coming within
40a specified distance of, or disturbing the peace of, the petitioner.
P11 1(B) An order enjoining a party from specified behavior that the
2court determines is necessary to effectuate orders described in
3subparagraph (A).
4(7) “Unlawful violence” is any assault or battery, or stalking
5as prohibited in Section 646.9 of the Penal Code, but shall not
6include lawful acts of self-defense or defense of others.
7(c) In the discretion of the court, on a showing of good cause,
8a
temporary restraining order or injunction issued under this
9section may include other named family or household members.
10(d) Upon filing a petition for an injunction under this section,
11the petitioner may obtain a temporary restraining order in
12accordance with Section 527, except to the extent this section
13provides a rule that is inconsistent. The temporary restraining
14order may include any of the restraining orders described in
15paragraph (6) of subdivision (b). A temporary restraining order
16may be issued with or without notice, based on a declaration that,
17to the satisfaction of the court, shows reasonable proof of
18harassment of the petitioner by the respondent, and that great or
19irreparable harm would result to the petitioner.
20(e) A request for the issuance of a temporary restraining order
21without notice under this section shall be granted or denied on the
22same day that the
petition is submitted to the court, unless the
23petition is filed too late in the day to permit effective review, in
24which case the order shall be granted or denied on the next day
25of judicial business in sufficient time for the order to be filed that
26day with the clerk of the court.
27(f) A temporary restraining order issued under this section shall
28remain in effect, at the court’s discretion, for a period not to exceed
2921 days, or, if the court extends the time for hearing under
30subdivision (g), not to exceed 25 days, unless otherwise modified
31or terminated by the court.
32(g) Within 21 days, or, if good cause appears to the court, 25
33days from the date that a petition for a temporary order is granted
34or denied, a hearing shall be held on the petition for the injunction.
35If no request for temporary orders is made, the hearing shall be
36held within 21 days, or, if good cause appears to
the court, 25
37days, from the date that the petition is filed.
38(h) The respondent may file a response that explains, excuses,
39justifies, or denies the alleged harassment or may file a
40cross-petition under this section.
P12 1(i) At the hearing, the judge shall receive any testimony that is
2relevant, and may make an independent inquiry. If the judge finds
3by clear and convincing evidence that unlawful harassment exists,
4an injunction shall issue prohibiting the harassment.
5(j) (1) In the discretion of the court, an order issued after notice
6and hearing under this section may have a duration of not more
7than five years, subject to termination or modification by further
8order of the court either on written stipulation filed with the court
9or on the motion of a party. The order may be renewed, upon the
10
request of a party, for a duration of not more than five additional
11years, without a showing of any further harassment since the
12issuance of the original order, subject to termination or
13modification by further order of the court either on written
14stipulation filed with the court or on the motion of a party. A
15request for renewal may be brought at any time within the three
16months before the expiration of the order.
17(2) The failure to state the expiration date on the face of the
18form creates an order with a duration of three years from the date
19of issuance.
20(3) If an action is filed for the purpose of terminating or
21modifying a protective order prior to the expiration date specified
22in the order by a party other than the protected party, the party
23who is protected by the order shall be given notice, pursuant to
24subdivision (b) of Section 1005, of the proceeding by personal
25service
or, if the protected party has satisfied the requirements of
26Chapter 3.1 (commencing with Section 6205) of Division 7 of Title
271 of the Government Code, by service on the Secretary of State. If
28the party who is protected by the order cannot be notified prior to
29the hearing for modification or termination of the protective order,
30the court shall deny the motion to modify or terminate the order
31without prejudice or continue the hearing until the party who is
32protected can be properly noticed and may, upon a showing of
33good cause, specify another method for service of process that is
34reasonably designed to afford actual notice to the protected party.
35The protected party may waive his or her right to notice if he or
36she is physically present in court and does not challenge the
37sufficiency of the notice.
38(k) This section does not preclude either party from
39representation by private counsel or from appearing on the party’s
40own behalf.
P13 1(l) In a proceeding under this section if there are allegations of
2unlawful violence or credible threats of violence, a support person
3may accompany a party in court and, if the party is not represented
4by an attorney, may sit with the party at the table that is generally
5reserved for the party and the party’s attorney. The support person
6is present to provide moral and emotional support for a person
7who alleges he or she is a victim of violence. The support person
8is not present as a legal adviser and may not provide legal advice.
9The support person may assist the person who alleges he or she
10is a victim of violence in feeling more confident that he or she will
11not be injured or threatened by the other party during the
12proceedings if the person who alleges he or she is a victim of
13violence and the other party are required to be present in close
14proximity. This subdivision does not preclude the court from
15exercising its discretion to remove the
support person from the
16courtroom if the court believes the support person is prompting,
17swaying, or influencing the party assisted by the support person.
18(m) Upon the filing of a petition for an injunction under this
19section, the respondent shall be personally served with a copy of
20the petition, temporary restraining order, if any, and notice of
21hearing of the petition. Service shall be made at least five days
22before the hearing. The court may for good cause, on motion of
23the petitioner or on its own motion, shorten the time for service
24on the respondent.
25(n) A notice of hearing under this section shall notify the
26respondent that if he or she does not attend the hearing, the court
27may make orders against him or her that could last up to three
28years.
29(o) (1) The court may, upon the filing of a
declaration by the
30petitioner that the respondent could not be served within the time
31required by statute, reissue an order previously issued and
32dissolved by the court for failure to serve the respondent. The
33reissued order shall remain in effect until the date set for the
34hearing.
35(2) The reissued order shall state on its face the date of
36expiration of the order.
37(p) (1) If a respondent, named in a restraining order issued
38after a hearing, has not been served personally with the order but
39has received actual notice of the existence and substance of the
40order through personal appearance in court to hear the terms of
P14 1the order from the court, no additional proof of service is required
2for enforcement of the order.
3(2) If the respondent named in a temporary restraining order
4is personally served
with the order and notice of hearing with
5respect to a restraining order or protective order based on the
6temporary restraining order, but the respondent does not appear
7at the hearing, either personally or by an attorney, and the terms
8and conditions of the restraining order or protective order issued
9at the hearing are identical to the temporary restraining order,
10except for the duration of the order, then the restraining order or
11protective order issued at the hearing may be served on the
12respondent by first-class mail sent to the respondent at the most
13current address for the respondent available to the court.
14(3) The Judicial Council form for temporary orders issued
15pursuant to this subdivision shall contain a statement in
16substantially the following form:
18“If you have been personally served with this temporary
19restraining order and notice of hearing, but
you do not appear at
20the hearing either in person or by a lawyer, and a restraining
21order that is the same as this temporary restraining order except
22for the expiration date is issued at the hearing, a copy of the
23restraining order will be served on you by mail at the following
24address: ____.
25If that address is not correct or you wish to verify that the
26temporary restraining order was converted to a restraining order
27at the hearing without substantive change and to find out the
28duration of that order, contact the clerk of the court.”
30(q) (1) Information on any temporary restraining order or
31injunction relating to civil harassment issued by a court pursuant
32to this section shall be transmitted to the Department of Justice in
33accordance with either paragraph (2) or (3).
34(2) The
court shall order the petitioner or the attorney for the
35petitioner to deliver a copy of an order issued under this section,
36or reissuance, extension, modification, or termination of the order,
37and any subsequent proof of service, by the close of the business
38day on which the order, reissuance, extension, modification, or
39termination was made, to a law enforcement agency having
40jurisdiction over the residence of the petitioner and to any
P15 1additional law enforcement agencies within the court’s discretion
2as are requested by the petitioner.
3(3) Alternatively, the court or its designee shall transmit, within
4one business day, to law enforcement personnel all information
5required under subdivision (b) of Section 6380 of the Family Code
6regarding any order issued under this section, or a reissuance,
7extension, modification, or termination of the order, and any
8subsequent proof of service, by either one of the following methods:
9(A) Transmitting a physical copy of the order or proof of service
10to a local law enforcement agency authorized by the Department
11of Justice to enter orders into the California Law Enforcement
12Telecommunications System (CLETS).
13(B) With the approval of the Department of Justice, entering
14the order or proof of service into CLETS directly.
15(4) Each appropriate law enforcement agency shall make
16available information as to the existence and current status of
17these orders to law enforcement officers responding to the scene
18of reported harassment.
19(5) An order issued under this section shall, on request of the
20petitioner, be served on the respondent, whether or not the
21respondent has been taken into custody, by any law enforcement
22officer who is present at the
scene of reported harassment involving
23the parties to the proceeding. The petitioner shall provide the
24officer with an endorsed copy of the order and a proof of service
25that the officer shall complete and send to the issuing court.
26(6) Upon receiving information at the scene of an incident of
27harassment that a protective order has been issued under this
28section, or that a person who has been taken into custody is the
29subject of an order, if the protected person cannot produce a
30certified copy of the order, a law enforcement officer shall
31immediately attempt to verify the existence of the order.
32(7) If the law enforcement officer determines that a protective
33order has been issued, but not served, the officer shall immediately
34notify the respondent of the terms of the order and shall at that
35time also enforce the order. Verbal notice of the terms of the order
36shall constitute
service of the order and is sufficient notice for the
37purposes of this section and for the purposes of Section 29825 of
38the Penal Code.
39(r) The prevailing party in any action brought under this section
40may be awarded court costs and attorney’s fees, if any.
P16 1(s) Any willful disobedience of any temporary restraining order
2or injunction granted under this section is punishable pursuant to
3Section 273.6 of the Penal Code.
4(t) (1) A person subject to a protective order issued under this
5section shall not own, possess, purchase, receive, or attempt to
6purchase or receive a firearm or ammunition while the protective
7order is in effect.
8(2) The court shall order a person subject to a protective order
9issued under this section to relinquish
any firearms he or she owns
10or possesses pursuant to Section 527.9.
11(3) Every person who owns, possesses, purchases, or receives,
12or attempts to purchase or receive, a firearm or ammunition while
13the protective order is in effect is punishable pursuant to Section
1429825 of the Penal Code.
15(u) This section does not apply to any action or proceeding
16covered by Title 1.6C (commencing with Section 1788) of Part 4
17of Division 3 of the Civil Code or by Division 10 (commencing
18with Section 6200) of the Family Code. This section does not
19preclude a petitioner from using other existing civil remedies.
20(v) (1) The Judicial Council shall develop forms, instructions,
21and rules relating to matters governed by this section. The petition
22and response forms shall be simple and concise, and their use by
23parties
in actions brought pursuant to this section shall be
24mandatory.
25(2) A temporary restraining order or injunction relating to civil
26harassment issued by a court pursuant to this section shall be
27issued on forms adopted by the Judicial Council of California and
28that have been approved by the Department of Justice pursuant
29to subdivision (i) of Section 6380 of the Family Code. However,
30the fact that an order issued by a court pursuant to this section
31was not issued on forms adopted by the Judicial Council and
32approved by the Department of Justice shall not, in and of itself,
33make the order unenforceable.
34(w) There is no filing fee for a petition that alleges that a person
35has inflicted or threatened violence against the petitioner, or
36stalked the petitioner, or acted or spoken in any other manner that
37has placed the petitioner in reasonable fear of violence, and that
38seeks a
protective or restraining order or injunction restraining
39stalking or future violence or threats of violence, in any action
40brought pursuant to this section. No fee shall be paid for a
P17 1subpoena filed in connection with a petition alleging these acts.
2No fee shall be paid for filing a response to a petition alleging
3these acts.
4(x) (1) Subject to paragraph (4) of subdivision (b) of Section
56103.2 of the Government Code, there shall be no fee for the
6service of process by a sheriff or marshal of a protective order,
7restraining order, or injunction to be issued, if either of the
8following conditions applies:
9(A) The protective order, restraining order, or injunction issued
10pursuant to this section is based upon stalking, as prohibited by
11Section 646.9 of the Penal Code.
12(B) The protective order,
restraining order, or injunction issued
13pursuant to this section is based upon unlawful violence or a
14credible threat of violence.
15(2) The Judicial Council shall prepare and develop forms for
16persons who wish to avail themselves of the services described in
17this subdivision.
18(y) This section shall become operative on July 1, 2014.
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