Civil and criminal court judges issue protective orders. These orders may prohibit an individual from contacting, harassing or molesting the applicant. Some orders determine temporary custody or tenancy. Members shall read all court orders carefully to determine their specific terms.
All types of orders are valid throughout California and the United States. Violation of any term of a court protective order is a crime. Members shall make an arrest and book the suspect when enforcing a domestic violence court order.
Attorney for DV Court Protective Orders in San Francisco, CA
If you were charged with any type of domestic violence or family violence crime in San Francisco, CA, then contact an experienced criminal defense attorney.
Our domestic violence attorneys can represent you at all stages of the case including the initial investigation by the San Francisco Police Department (SFPD) or another local law enforcement agency, the Family Court Services (FCS) investigation when a child or elderly person is involved, and modifications of the court protective order. We can also help you deal with the special rules that apply to firearms while a domestic violence case is pending.
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Types of Protective Orders in Domestic Violence Cases
The following are types of court protective orders can apply in a Domestic Violence case in California:
1. Domestic Violence Restraining Order
Under California law, a restraining order (including a temporary restraining order) is a court order issued by a civil court judge. Restraining orders address a variety of domestic issues that can include:
- protection of adults and children
- eviction of an abuser
- child custody
If a complainant states that a restraining order has been issued, officers with the San Francisco Police Department or other local law enforcement officer are required to verify its existence and proof of service.
To verify the restraining order, the complainant can show a copy of the order that has been officially stamped by the court that issued the order or when the order is on file with the San Francisco Police Department. To determine whether the Department has the restraining order on file, the officer must run a 10-29 Person on the alleged violator to determine the specific terms of the order.
After verifying the order, the officer with the San Francisco Police Department must obtain proof that the violator was either served the order or is aware of its terms prior to making an arrest. Members can obtain proof of service or notification of service by any of the following means:
- Proof of service is on file with the San Francisco Police Department (10-29 Person).
- Complainant shows a copy of the proof of service.
- A SFPD officer served the restraining order on the suspect.
- A SFPD officer previously notified the suspect of the existence of the restraining order and explained the terms.
- The order indicates the suspect was present in court when it was issued.
Officers with the SFPD are trained to use the appropriate subsection of Penal Code Section 273.6 when arresting a suspect for violation of a restraining order. In the incident report, the officer is required to document the specific terms of the restraining order that were violated, identify the court, the date the order was issued, and the date the order expires. In addition, the SFPD officer should book a copy of the restraining order as evidence if possible.
The officer is trained to tell the alleged victim to contact the District Attorney’s Office in San Francisco (or the county in which the incident occurred) for the follow-up investigation.
2. Domestic Violence Stay Away Order in a Criminal Case
A judge in California may issue a stay away order in a criminal case when victim intimidation is believed to exist. Because the defendant and/or the defendant’s criminal defense attorney are present in open court when the stay away order is issued, the stay away order does not require proof of service.
California’s stay away orders in domestic violence cases are valid for the duration of the court’s jurisdiction over the suspect, including probation. If the criminal charge for domestic violence is dropped by the prosecutor or dismissed by the court, then the stay away order in the criminal case is terminated.
3. Emergency Protective Orders in California DV Cases
An Emergency Protective Order (EPO) in San Francisco is a type of Civil Court Protective Order. Officers with the SFPD may obtain an EPO any time reasonable cause exists for a member to believe that an adult or child is in immediate and present danger of violence or a threat of violence including:
- domestic violence
- child abuse
- child abduction
- family violence
- elder abuse (not including financial abuse) by a family or household member.
The California Emergency Protective Order (EPO) remains in effect for five (5) court days and up to seven (7) calendar days. An EPO can only be issued by an on-call Superior Court Judge. On-call Superior Court judges are available 24 hours a day. Officers with the SFPD are trained to determine if the circumstances surrounding the incident warrant application for an EPO.
The officers with the San Francisco Police Department are trained not to base their decision on whether or not the victim wants an EPO. The officer are required to complete the most current version of the Application for Emergency Protective Order form.