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Chapter 2. Issuance And Effect Of Emergency Protective Order of California Family Law Code >> Division 10. >> Part 3. >> Chapter 2.
A judicial officer may issue an ex parte emergency protective
order where a law enforcement officer asserts reasonable grounds to
believe any of the following:
(a) That a person is in immediate and present danger of domestic violence, based on the person's allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought.
(b) That a child is in immediate and present danger of abuse by a family or household member, based on an allegation of a recent incident of abuse or threat of abuse by the family or household member.
(c) That a child is in immediate and present danger of being abducted by a parent or relative, based on a reasonable belief that a person has an intent to abduct the child or flee with the child from the jurisdiction or based on an allegation of a recent threat to abduct the child or flee with the child from the jurisdiction.
(d) That an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code, based on an allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought, except that no emergency protective order shall be issued based solely on an allegation of financial abuse.
(a) That a person is in immediate and present danger of domestic violence, based on the person's allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought.
(b) That a child is in immediate and present danger of abuse by a family or household member, based on an allegation of a recent incident of abuse or threat of abuse by the family or household member.
(c) That a child is in immediate and present danger of being abducted by a parent or relative, based on a reasonable belief that a person has an intent to abduct the child or flee with the child from the jurisdiction or based on an allegation of a recent threat to abduct the child or flee with the child from the jurisdiction.
(d) That an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code, based on an allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought, except that no emergency protective order shall be issued based solely on an allegation of financial abuse.
An emergency protective order is valid only if it is issued
by a judicial officer after making the findings required by Section
6251 and pursuant to a specific request by a law enforcement officer.
A judicial officer may issue an ex parte emergency
protective order to a peace officer defined in subdivisions (a) and
(b) of Section 830.32 if the issuance of that order is consistent
with an existing memorandum of understanding between the college or
school police department where the peace officer is employed and the
sheriff or police chief of the city in whose jurisdiction the peace
officer's college or school is located and the peace officer asserts
reasonable grounds to believe that there is a demonstrated threat to
campus safety.
An emergency protective order may be issued only if the
judicial officer finds both of the following:
(a) That reasonable grounds have been asserted to believe that an immediate and present danger of domestic violence exists, that a child is in immediate and present danger of abuse or abduction, or that an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code.
(b) That an emergency protective order is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, or abuse of an elder or dependent adult.
(a) That reasonable grounds have been asserted to believe that an immediate and present danger of domestic violence exists, that a child is in immediate and present danger of abuse or abduction, or that an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code.
(b) That an emergency protective order is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, or abuse of an elder or dependent adult.
An emergency protective order may include any of the
following specific orders, as appropriate:
(a) A protective order, as defined in Section 6218.
(b) An order determining the temporary care and control of any minor child of the endangered person and the person against whom the order is sought.
(c) An order authorized in Section 213.5 of the Welfare and Institutions Code, including provisions placing the temporary care and control of the endangered child and any other minor children in the family or household with the parent or guardian of the endangered child who is not a restrained party.
(d) An order determining the temporary care and control of any minor child who is in danger of being abducted.
(e) An order authorized by Section 15657.03 of the Welfare and Institutions Code.
(a) A protective order, as defined in Section 6218.
(b) An order determining the temporary care and control of any minor child of the endangered person and the person against whom the order is sought.
(c) An order authorized in Section 213.5 of the Welfare and Institutions Code, including provisions placing the temporary care and control of the endangered child and any other minor children in the family or household with the parent or guardian of the endangered child who is not a restrained party.
(d) An order determining the temporary care and control of any minor child who is in danger of being abducted.
(e) An order authorized by Section 15657.03 of the Welfare and Institutions Code.
(a) The court shall order that any party enjoined pursuant
to an order issued under this part be prohibited from taking any
action to obtain the address or location of a protected party or a
protected party's family members, caretakers, or guardian, unless
there is good cause not to make that order.
(b) The Judicial Council shall promulgate forms necessary to effectuate this section.
(b) The Judicial Council shall promulgate forms necessary to effectuate this section.
An emergency protective order shall include all of the
following:
(a) A statement of the grounds asserted for the order.
(b) The date and time the order expires.
(c) The address of the superior court for the district or county in which the endangered person or child in danger of being abducted resides.
(d) The following statements, which shall be printed in English and Spanish:
(1) "To the Protected Person: This order will last only until the date and time noted above. If you wish to seek continuing protection, you will have to apply for an order from the court, at the address noted above. You may seek the advice of an attorney as to any matter connected with your application for any future court orders. The attorney should be consulted promptly so that the attorney may assist you in making your application."
(2) "To the Restrained Person: This order will last until the date and time noted above. The protected party may, however, obtain a more permanent restraining order from the court. You may seek the advice of an attorney as to any matter connected with the application. The attorney should be consulted promptly so that the attorney may assist you in responding to the application."
(e) In the case of an endangered child, the following statement, which shall be printed in English and Spanish: "This order will last only until the date and time noted above. You may apply for a more permanent restraining order under Section 213.5 of the Welfare and Institutions Code from the court at the address noted above. You may seek the advice of an attorney in connection with the application for a more permanent restraining order."
(f) In the case of a child in danger of being abducted, the following statement, which shall be printed in English and Spanish: "This order will last only until the date and time noted above. You may apply for a child custody order from the court, at the address noted above. You may seek the advice of an attorney as to any matter connected with the application. The attorney should be consulted promptly so that the attorney may assist you in responding to the application."
(a) A statement of the grounds asserted for the order.
(b) The date and time the order expires.
(c) The address of the superior court for the district or county in which the endangered person or child in danger of being abducted resides.
(d) The following statements, which shall be printed in English and Spanish:
(1) "To the Protected Person: This order will last only until the date and time noted above. If you wish to seek continuing protection, you will have to apply for an order from the court, at the address noted above. You may seek the advice of an attorney as to any matter connected with your application for any future court orders. The attorney should be consulted promptly so that the attorney may assist you in making your application."
(2) "To the Restrained Person: This order will last until the date and time noted above. The protected party may, however, obtain a more permanent restraining order from the court. You may seek the advice of an attorney as to any matter connected with the application. The attorney should be consulted promptly so that the attorney may assist you in responding to the application."
(e) In the case of an endangered child, the following statement, which shall be printed in English and Spanish: "This order will last only until the date and time noted above. You may apply for a more permanent restraining order under Section 213.5 of the Welfare and Institutions Code from the court at the address noted above. You may seek the advice of an attorney in connection with the application for a more permanent restraining order."
(f) In the case of a child in danger of being abducted, the following statement, which shall be printed in English and Spanish: "This order will last only until the date and time noted above. You may apply for a child custody order from the court, at the address noted above. You may seek the advice of an attorney as to any matter connected with the application. The attorney should be consulted promptly so that the attorney may assist you in responding to the application."
The fact that the endangered person has left the household to
avoid abuse does not affect the availability of an emergency
protective order.
An emergency protective order shall be issued without
prejudice to any person.
An emergency protective order expires at the earlier of the
following times:
(a) The close of judicial business on the fifth court day following the day of its issuance.
(b) The seventh calendar day following the day of its issuance.
(a) The close of judicial business on the fifth court day following the day of its issuance.
(b) The seventh calendar day following the day of its issuance.
If an emergency protective order concerns an endangered
child, the child's parent or guardian who is not a restrained person,
or a person having temporary custody of the endangered child, may
apply to the court for a restraining order under Section 213.5 of the
Welfare and Institutions Code.
