Section 6383 Of Chapter 3. Registration And Enforcement Of Orders From California Family Law Code >> Division 10. >> Part 4. >> Chapter 3.
6383
. (a) A temporary restraining order or emergency protective
order issued under this part shall, on request of the petitioner, be
served on the respondent, whether or not the respondent has been
taken into custody, by a law enforcement officer who is present at
the scene of reported domestic violence involving the parties to the
proceeding.
(b) The petitioner shall provide the officer with an endorsed copy
of the order and a proof of service that the officer shall complete
and transmit to the issuing court.
(c) It is a rebuttable presumption that the proof of service was
signed on the date of service.
(d) Upon receiving information at the scene of a domestic violence
incident that a protective order has been issued under this part, 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 inquire of
the Domestic Violence Restraining Order System to verify the
existence of the order.
(e) 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 Sections 273.6 and 29825 of the Penal Code.
(f) If a report is required under Section 13730 of the Penal Code,
or if no report is required, then in the daily incident log, the
officer shall provide the name and assignment of the officer
notifying the respondent pursuant to subdivision (e) and the case
number of the order.
(g) Upon service of the order outside of the court, a law
enforcement officer shall advise the respondent to go to the local
court to obtain a copy of the order containing the full terms and
conditions of the order.
(h) (1) There shall be no civil liability on the part of, and no
cause of action for false arrest or false imprisonment against, a
peace officer who makes an arrest pursuant to a protective or
restraining order that is regular upon its face, if the peace
officer, in making the arrest, acts in good faith and has reasonable
cause to believe that the person against whom the order is issued has
notice of the order and has committed an act in violation of the
order.
(2) If there is more than one order issued and one of the orders
is an emergency protective order that has precedence in enforcement
pursuant to paragraph (1) of subdivision (c) of Section 136.2 of the
Penal Code, the peace officer shall enforce the emergency protective
order. If there is more than one order issued, none of the orders
issued is an emergency protective order that has precedence in
enforcement, and one of the orders issued is a no-contact order, as
described in Section 6320, the peace officer shall enforce the
no-contact order. If there is more than one civil order regarding the
same parties and neither an emergency protective order that has
precedence in enforcement nor a no-contact order has been issued, the
peace officer shall enforce the order that was issued last. If there
are both civil and criminal orders regarding the same parties and
neither an emergency protective order that has precedence in
enforcement nor a no-contact order has been issued, the peace officer
shall enforce the criminal order issued last, subject to the
provisions of subdivisions (h) and (i) of Section 136.2 of the Penal
Code. Nothing in this section shall be deemed to exonerate a peace
officer from liability for the unreasonable use of force in the
enforcement of the order. The immunities afforded by this section
shall not affect the availability of any other immunity that may
apply, including, but not limited to, Sections 820.2 and 820.4 of the
Government Code.