Court Protective Orders in DV Cases

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
• dependency

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:

1. Proof of service is on file with the San Francisco Police Department (10-29 Person).
2. Complainant shows a copy of the proof of service.
3. A SFPD officer served the restraining order on the suspect.
4. A SFPD officer previously notified the suspect of the existence of the restraining order and explained the terms.
5. 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.