Chapter 3. Duties Of Law Enforcement Officer of California Family Law Code >> Division 10. >> Part 3. >> Chapter 3.
A law enforcement officer who requests an emergency
protective order shall reduce the order to writing and sign it.
A law enforcement officer who requests an emergency
protective order shall do all of the following:
(a) Serve the order on the restrained person, if the restrained
person can reasonably be located.
(b) Give a copy of the order to the protected person or, if the
protected person is a minor child, to a parent or guardian of the
endangered child who is not a restrained person, if the parent or
guardian can reasonably be located, or to a person having temporary
custody of the endangered child.
(c) File a copy of the order with the court as soon as practicable
after issuance.
(d) Have the order entered into the computer database system for
protective and restraining orders maintained by the Department of
Justice.
(a) A law enforcement officer shall use every reasonable
means to enforce an emergency protective order.
(b) A law enforcement officer who acts in good faith to enforce an
emergency protective order is not civilly or criminally liable.
A peace officer, as defined in Section 830.1 or 830.2 of the
Penal Code, may seek an emergency protective order relating to
stalking under Section 646.91 of the Penal Code if the requirements
of that section are complied with.
(a) A law enforcement officer who responds to a situation in
which the officer believes that there may be grounds for the issuance
of an emergency protective order pursuant to Section 6250 of this
code or Section 646.91 of the Penal Code, shall inform the person for
whom an emergency protective order may be sought, or, if that person
is a minor, his or her parent or guardian, provided that the parent
or guardian is not the person against whom the emergency protective
order may be obtained, that he or she may request the officer to
request an emergency protective order pursuant to this part.
(b) Notwithstanding Section 6250, and pursuant to this part, an
officer shall request an emergency protective order if the officer
believes that the person requesting an emergency protective order is
in immediate and present danger.