EXCERPTS FROM CODE OF CIVIL PROCEDURE SECTION 525-534
525. An injunction is a writ or order requiring a person to refrain
from a particular act. It may be granted by the court in which the
action is brought, or by a judge thereof; and when granted by a
judge, it may be enforced as an order of the court.
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526. (a) An injunction may be granted in the following cases:
(1) When it appears by the complaint that the plaintiff is
entitled to the relief demanded, and the relief, or any part thereof,
consists in restraining the commission or continuance of the act
complained of, either for a limited period or perpetually.
527.6. (a) (1) A person who has suffered harassment as defined in
subdivision (b) may seek a temporary restraining order and an
injunction prohibiting harassment as provided in this section.
(2) A minor, under 12 years of age, accompanied by a duly
appointed and acting guardian ad litem, shall be permitted to appear
in court without counsel for the limited purpose of requesting or
opposing a request for a temporary restraining order or injunction,
or both, under this section as provided in Section 374.
(b) For the purposes of this section:
(1) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an individual,
making harassing telephone calls to an individual, or sending
harassing correspondence to an individual by any means, including,
but not limited to, the use of public or private mails, interoffice
mail, fax, or computer e-mail. Constitutionally protected activity is
not included within the meaning of "course of conduct."
(2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
(3) "Harassment" is unlawful violence, a credible threat of
violence, or a knowing and willful course of conduct directed at a
specific person that seriously alarms, annoys, or harasses the
person, and that serves no legitimate purpose. The course of conduct
must be such as would cause a reasonable person to suffer substantial
emotional distress, and must actually cause substantial emotional
distress to the petitioner.
(4) "Petitioner" means the person to be protected by the temporary
restraining order and injunction and, if the court grants the
petition, the protected person.
(5) "Respondent" means the person against whom the temporary
restraining order and injunction are sought and, if the petition is
granted, the restrained person.
(6) "Temporary restraining order" and "injunction" mean orders
that include any of the following restraining orders, whether issued
ex parte or after notice and hearing:
(A) An order enjoining a party from harassing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, abusing, telephoning, including, but not
limited to, making annoying telephone calls, as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of the petitioner.
(B) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph (A).
(7) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.
(c) In the discretion of the court, on a showing of good cause, a
temporary restraining order or injunction issued under this section
may include other named family or household members.
(d) Upon filing a petition for an injunction under this section,
the petitioner may obtain a temporary restraining order in accordance
with Section 527, except to the extent this section provides a rule
that is inconsistent. The temporary restraining order may include any
of the restraining orders described in paragraph (6) of subdivision
(b). A temporary restraining order may be issued with or without
notice, based on a declaration that, to the satisfaction of the
court, shows reasonable proof of harassment of the petitioner by the
respondent, and that great or irreparable harm would result to the
petitioner.
(e) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court.
(f) A temporary restraining order issued under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 21 days, or, if the court extends the time for hearing under
subdivision (g), not to exceed 25 days, unless otherwise modified or
terminated by the court.
(g) Within 21 days, or, if good cause appears to the court, 25
days from the date that a petition for a temporary order is granted
or denied, a hearing shall be held on the petition for the
injunction. If no request for temporary orders is made, the hearing
shall be held within 21 days, or, if good cause appears to the court,
25 days, from the date that the petition is filed.
(h) The respondent may file a response that explains, excuses,
justifies, or denies the alleged harassment or may file a
cross-petition under this section.
(i) At the hearing, the judge shall receive any testimony that is
relevant, and may make an independent inquiry. If the judge finds by
clear and convincing evidence that unlawful harassment exists, an
injunction shall issue prohibiting the harassment.
(j) (1) In the discretion of the court, an order issued after
notice and hearing under this section may have a duration of not more
than three years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years,
without a showing of any further harassment since the issuance of the
original order, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. The request for renewal may be brought
at any time within the three months before the expiration of the
order.
(2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
(k) This section does not preclude either party from
representation by private counsel or from appearing on the party's
own behalf.
(l) In a proceeding under this section if there are allegations of
unlawful violence or credible threats of violence, a support person
may accompany a party in court and, if the party is not represented
by an attorney, may sit with the party at the table that is generally
reserved for the party and the party's attorney. The support person
is present to provide moral and emotional support for a person who
alleges he or she is a victim of violence. The support person is not
present as a legal adviser and may not provide legal advice. The
support person may assist the person who alleges he or she is a
victim of violence in feeling more confident that he or she will not
be injured or threatened by the other party during the proceedings if
the person who alleges he or she is a victim of violence and the
other party are required to be present in close proximity. This
subdivision does not preclude the court from exercising its
discretion to remove the support person from the courtroom if the
court believes the support person is prompting, swaying, or
influencing the party assisted by the support person.
(m) Upon the filing of a petition for an injunction under this
section, the respondent shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may for good cause, on motion of the petitioner
or on its own motion, shorten the time for service on the respondent.
(n) A notice of hearing under this section shall notify the
respondent that if he or she does not attend the hearing, the court
may make orders against him or her that could last up to three years.
(o) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing.
(2) The reissued order shall state on its face the date of
expiration of the order.
(p) (1) If a respondent, named in a restraining order issued after
a hearing, has not been served personally with the order but has
received actual notice of the existence and substance of the order
through personal appearance in court to hear the terms of the order
from the court, no additional proof of service is required for
enforcement of the order.
(2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the respondent does not appear at the hearing,
either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are
identical to the temporary restraining order, except for the duration
of the order, then the restraining order or protective order issued
at the hearing may be served on the respondent by first-class mail
sent to the respondent at the most current address for the respondent
available to the court.
(3) The Judicial Council form for temporary orders issued pursuant
to this subdivision shall contain a statement in substantially the
following form:
"If you have been personally served with this temporary
restraining order and notice of hearing, but you do not appear at the
hearing either in person or by a lawyer, and a restraining order
that is the same as this temporary restraining order except for the
expiration date is issued at the hearing, a copy of the restraining
order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court."
(q) (1) Information on any temporary restraining order or
injunction relating to civil harassment issued by a court pursuant to
this section shall be transmitted to the Department of Justice in
accordance with either paragraph (2) or (3).
(2) The court shall order the petitioner or the attorney for the
petitioner to deliver a copy of an order issued under this section,
or reissuance, extension, modification, or termination of the order,
and any subsequent proof of service, by the close of the business day
on which the order, reissuance, extension, modification, or
termination was made, to a law enforcement agency having jurisdiction
over the residence of the petitioner and to any additional law
enforcement agencies within the court's discretion as are requested
by the petitioner.
(3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
(A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).
(B) With the approval of the Department of Justice, entering the
order or proof of service into CLETS directly.
(4) Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported
harassment.
(5) An order issued under this section shall, on request of the
petitioner, be served on the respondent, whether or not the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported harassment involving
the parties to the proceeding. The petitioner shall provide the
officer with an endorsed copy of the order and a proof of service
that the officer shall complete and send to the issuing court.
(6) Upon receiving information at the scene of an incident of
harassment that a protective order has been issued under this
section, or that a person who has been taken into custody is the
subject of an order, if the protected person cannot produce a
certified copy of the order, a law enforcement officer shall
immediately attempt to verify the existence of the order.
(7) 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 shall at that
time also enforce the order. 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 Section 273.6
and subdivision (g) of Section 12021 of the Penal Code.
(r) The prevailing party in any action brought under this section
may be awarded court costs and attorney's fees, if any.
(s) Any willful disobedience of any temporary restraining order or
injunction granted under this section is punishable pursuant to
Section 273.6 of the Penal Code.
(t) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm or ammunition while the protective
order is in effect.
(2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
(3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm or ammunition while the
protective order is in effect is punishable pursuant to subdivision
(g) of Section 12021 of the Penal Code.
(u) This section does not apply to any action or proceeding
covered by Title 1.6C (commencing with Section 1788) of the Civil
Code or by Division 10 (commencing with Section 6200) of the Family
Code. This section does not preclude a petitioner from using other
existing civil remedies.
(v) (1) The Judicial Council shall develop forms, instructions,
and rules relating to matters governed by this section. The petition
and response forms shall be simple and concise, and their use by
parties in actions brought pursuant to this section shall be
mandatory.
(2) A temporary restraining order or injunction relating to civil
harassment issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.
(w) There is no filing fee for a petition that alleges that a
person has inflicted or threatened violence against the petitioner,
or stalked the petitioner, or acted or spoken in any other manner
that has placed the petitioner in reasonable fear of violence, and
that seeks a protective or restraining order or injunction
restraining stalking or future violence or threats of violence, in
any action brought pursuant to this section. No fee shall be paid for
a subpoena filed in connection with a petition alleging these acts.
No fee shall be paid for filing a response to a petition alleging
these acts.
(x) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process by a sheriff or marshal of a protective order, restraining
order, or injunction to be issued, if either of the following
conditions apply:
(A) The protective order, restraining order, or injunction issued
pursuant to this section is based upon stalking, as prohibited by
Section 646.9 of the Penal Code.
(B) The protective order, restraining order, or injunction issued
pursuant to this section is based upon unlawful violence or a
credible threat of violence.
(2) The Judicial Council shall prepare and develop forms for
persons who wish to avail themselves of the services described in
this subdivision.
527.7. (a) It shall be unlawful for any group, association,
organization, society, or other assemblage of two or more persons to
meet and to advocate, and to take substantial action in furtherance
of, the commission of an unlawful act of violence or force directed
to and likely to produce the imminent and unlawful infliction of
serious bodily injury or death of another person within this state.
(b) Whenever it reasonably appears that any group, association,
society, or other assemblage of two or more persons has met and taken
substantial action in furtherance of the commission of an act of
violence made unlawful by subdivision (a) and will engage in those
acts in the future, any aggrieved individual may bring a civil action
in the superior court to enjoin the advocacy of the commission of
any act of violence made unlawful by subdivision (a) at any future
meeting or meetings. Upon a proper showing by clear and convincing
evidence, a permanent or preliminary injunction, restraining order,
or writ of mandate shall be granted.
(c) Whenever it appears that an action brought under this section
was groundless and brought in bad faith for the purpose of
harassment, the trial court or any appellate court may award to the
defendant attorney's fees and court costs incurred for the purpose of
defending the action.
527.8. (a) Any employer, whose employee has suffered unlawful
violence or a credible threat of violence from any individual, that
can reasonably be construed to be carried out or to have been carried
out at the workplace, may seek a temporary restraining order and an
injunction on behalf of the employee and, at the discretion of the
court, any number of other employees at the workplace, and, if
appropriate, other employees at other workplaces of the employer.
(b) For the purposes of this section:
(1) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.
(2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
(3) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an employee to
or from the place of work; entering the workplace; following an
employee during hours of employment; making telephone calls to an
employee; or sending correspondence to an employee by any means,
including, but not limited to, the use of the public or private
mails, interoffice mail, fax, or computer e-mail.
(c) This section does not permit a court to issue a temporary
restraining order or injunction prohibiting speech or other
activities that are constitutionally protected, or otherwise
protected by Section 527.3 or any other provision of law.
(d) For purposes of this section, the terms "employer" and
"employee" mean persons defined in Section 350 of the Labor Code.
"Employer" also includes a federal agency, the state, a state agency,
a city, county, or district, and a private, public, or quasi-public
corporation, or any public agency thereof or therein. "Employee" also
includes the members of boards of directors of private, public, and
quasi-public corporations and elected and appointed public officers.
For purposes of this section only, "employee" also includes a
volunteer or independent contractor who performs services for the
employer at the employer's worksite.
(e) Upon filing a petition for an injunction under this section,
the plaintiff may obtain a temporary restraining order in accordance
with subdivision (a) of Section 527, if the plaintiff also files an
affidavit that, to the satisfaction of the court, shows reasonable
proof that an employee has suffered unlawful violence or a credible
threat of violence by the defendant, and that great or irreparable
harm would result to an employee. In the discretion of the court, and
on a showing of good cause, a temporary restraining order or
injunction issued under this section may include other named family
or household members who reside with the employee, or other persons
employed at his or her workplace or workplaces.
A temporary restraining order granted under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 15 days, unless otherwise modified or terminated by the court.
(f) Within 15 days of the filing of the petition, a hearing shall
be held on the petition for the injunction. The defendant may file a
response that explains, excuses, justifies, or denies the alleged
unlawful violence or credible threats of violence or may file a
cross-complaint under this section. At the hearing, the judge shall
receive any testimony that is relevant and may make an independent
inquiry. Moreover, if the defendant is a current employee of the
entity requesting the injunction, the judge shall receive evidence
concerning the employer's decision to retain, terminate, or otherwise
discipline the defendant. If the judge finds by clear and convincing
evidence that the defendant engaged in unlawful violence or made a
credible threat of violence, an injunction shall issue prohibiting
further unlawful violence or threats of violence. An injunction
issued pursuant to this section shall have a duration of not more
than three years. At any time within the three months before the
expiration of the injunction, the plaintiff may apply for a renewal
of the injunction by filing a new petition for an injunction under
this section.
(g) This section does not preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
(h) Upon filing of a petition for an injunction under this
section, the defendant shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may, for good cause, on motion of the plaintiff or
on its own motion, shorten the time for service on the defendant.
(i) (1) The court shall order the plaintiff or the attorney for
the plaintiff to deliver a copy of each temporary restraining order
or injunction, or modification or termination thereof, granted under
this section, by the close of the business day on which the order was
granted, to the law enforcement agencies within the court's
discretion as are requested by the plaintiff. Each appropriate law
enforcement agency shall make available information as to the
existence and current status of these orders to law enforcement
officers responding to the scene of reported unlawful violence or a
credible threat of violence.
(2) At the request of the plaintiff, an order issued under this
section shall be served on the defendant, regardless of whether the
defendant has been taken into custody, by any law enforcement officer
who is present at the scene of reported unlawful violence or a
credible threat of violence involving the parties to the proceedings.
The plaintiff shall provide the officer with an endorsed copy of the
order and proof of service that the officer shall complete and send
to the issuing court.
(3) Upon receiving information at the scene of an incident of
unlawful violence or a credible threat of violence that a protective
order has been issued under this section, or that a person who has
been taken into custody is the subject of an order, if the plaintiff
or the protected person cannot produce an endorsed copy of the order,
a law enforcement officer shall immediately attempt to verify the
existence of the order.
(4) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the defendant of the terms of the order and obtain the
defendant's address. The law enforcement officer shall at that time
also enforce the order, but may not arrest or take the defendant into
custody for acts in violation of the order that were committed prior
to the verbal notice of the terms and conditions of the order. The
law enforcement officer's verbal notice of the terms of the order
shall constitute service of the order and constitutes sufficient
notice for the purposes of this section and for the purposes of
Section 273.6 and subdivision (g) of Section 12021 of the Penal Code.
The plaintiff shall mail an endorsed copy of the order to the
defendant's mailing address provided to the law enforcement officer
within one business day of the reported incident of unlawful violence
or a credible threat of violence at which a verbal notice of the
terms of the order was provided by a law enforcement officer.
(j) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm while the protective order is in
effect.
(2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
(3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm while the protective order
is in effect is punishable pursuant to subdivision (g) of Section
12021 of the Penal Code.
(k) Any intentional disobedience of any temporary restraining
order or injunction granted under this section is punishable pursuant
to Section 273.6 of the Penal Code.
(l) Nothing in this section may be construed as expanding,
diminishing, altering, or modifying the duty, if any, of an employer
to provide a safe workplace for employees and other persons.
(m) The Judicial Council shall develop forms, instructions, and
rules for scheduling of hearings and other procedures established
pursuant to this section. The forms for the petition and response
shall be simple and concise, and their use by parties in actions
brought pursuant to this section shall be mandatory.
(n) A temporary restraining order or injunction relating to
harassment or domestic violence issued by a court pursuant to this
section shall be issued on forms adopted by the Judicial Council of
California and that have been approved by the Department of Justice
pursuant to subdivision (i) of Section 6380 of the Family Code.
However, the fact that an order issued by a court pursuant to this
section was not issued on forms adopted by the Judicial Council and
approved by the Department of Justice shall not, in and of itself,
make the order unenforceable.
(o) Information on any temporary restraining order or injunction
relating to harassment or domestic violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with subdivision (b) of Section 6380 of the
Family Code.
(p) There is no filing fee for a petition that alleges that a
person has inflicted or threatened violence against an employee of
the petitioner, or stalked the employee, or acted or spoken in any
other manner that has placed the employee in reasonable fear of
violence, and that seeks a protective or restraining order or
injunction restraining stalking or future violence or threats of
violence, in any action brought pursuant to this section. No fee
shall be paid for a subpoena filed in connection with a petition
alleging these acts. No fee shall be paid for filing a response to a
petition alleging these acts.
(q) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process of a temporary restraining order or injunction to be
issued pursuant to this section if either of the following conditions
apply:
(A) The temporary restraining order or injunction issued pursuant
to this section is based upon stalking, as prohibited by Section
646.9 of the Penal Code.
(B) The temporary restraining order or injunction issued pursuant
to this section is based upon a credible threat of violence.
(2) The Judicial Council shall prepare and develop application
forms for applicants who wish to avail themselves of the services
described in this subdivision.
527.8. (a) Any employer, whose employee has suffered unlawful
violence or a credible threat of violence from any individual, that
can reasonably be construed to be carried out or to have been carried
out at the workplace, may seek a temporary restraining order and an
injunction on behalf of the employee and, at the discretion of the
court, any number of other employees at the workplace, and, if
appropriate, other employees at other workplaces of the employer.
(b) For the purposes of this section:
(1) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an employee to
or from the place of work; entering the workplace; following an
employee during hours of employment; making telephone calls to an
employee; or sending correspondence to an employee by any means,
including, but not limited to, the use of the public or private
mails, interoffice mail, fax, or computer e-mail.
(2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
(3) "Employer" and "employee" mean persons defined in Section 350
of the Labor Code. "Employer" also includes a federal agency, the
state, a state agency, a city, county, or district, and a private,
public, or quasi-public corporation, or any public agency thereof or
therein. "Employee" also includes the members of boards of directors
of private, public, and quasi-public corporations and elected and
appointed public officers. For purposes of this section only,
"employee" also includes a volunteer or independent contractor who
performs services for the employer at the employer's worksite.
(4) "Petitioner" means the employer that petitions under
subdivision (a) for a temporary restraining order and injunction.
(5) "Respondent" means the person against whom the temporary
restraining order and injunction are sought and, if the petition is
granted, the restrained person.
(6) "Temporary restraining order" and "injunction" mean orders
that include any of the following restraining orders, whether issued
ex parte or after notice and hearing:
(A) An order enjoining a party from harassing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, abusing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of the employee.
(B) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph (A).
(7) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.
(c) This section does not permit a court to issue a temporary
restraining order or injunction prohibiting speech or other
activities that are constitutionally protected, or otherwise
protected by Section 527.3 or any other provision of law.
(d) In the discretion of the court, on a showing of good cause, a
temporary restraining order or injunction issued under this section
may include other named family or household members, or other persons
employed at the employee's workplace or workplaces.
(e) Upon filing a petition for an injunction under this section,
the petitioner may obtain a temporary restraining order in accordance
with subdivision (a) of Section 527, if the petitioner also files a
declaration that, to the satisfaction of the court, shows reasonable
proof that an employee has suffered unlawful violence or a credible
threat of violence by the respondent, and that great or irreparable
harm would result to an employee. The temporary restraining order may
include any of the protective orders described in paragraph (6) of
subdivision (b).
(f) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court.
(g) A temporary restraining order granted under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 21 days, or if the court extends the time for hearing under
subdivision (h), not to exceed 25 days, unless otherwise modified or
terminated by the court.
(h) Within 21 days, or if good cause appears to the court, 25 days
from the date that a petition for a temporary order is granted or
denied, a hearing shall be held on the petition for the injunction.
If no request for temporary orders is made, the hearing shall be held
within 21 days, or, if good cause appears to the court, 25 days,
from the date that the petition is filed.
(i) The respondent may file a response that explains, excuses,
justifies, or denies the alleged unlawful violence or credible
threats of violence.
(j) At the hearing, the judge shall receive any testimony that is
relevant and may make an independent inquiry. Moreover, if the
respondent is a current employee of the entity requesting the
injunction, the judge shall receive evidence concerning the employer'
s decision to retain, terminate, or otherwise discipline the
respondent. If the judge finds by clear and convincing evidence that
the respondent engaged in unlawful violence or made a credible threat
of violence, an injunction shall issue prohibiting further unlawful
violence or threats of violence.
(k) (1) In the discretion of the court, an order issued after
notice and hearing under this section may have a duration of not more
than three years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years,
without a showing of any further violence or threats of violence
since the issuance of the original order, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party. The
request for renewal may be brought at any time within the three
months before the expiration of the order.
(2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
(l) This section does not preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
(m) Upon filing of a petition for an injunction under this
section, the respondent shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may, for good cause, on motion of the petitioner
or on its own motion, shorten the time for service on the respondent.
(n) A notice of hearing under this section shall notify the
respondent that, if he or she does not attend the hearing, the court
may make orders against him or her that could last up to three years.
(o) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing.
(2) The reissued order shall state on its face the date of
expiration of the order.
(p) (1) If a respondent, named in a restraining order issued under
this section after a hearing, has not been served personally with
the order but has received actual notice of the existence and
substance of the order through personal appearance in court to hear
the terms of the order from the court, no additional proof of service
is required for enforcement of the order.
(2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the person does not appear at the hearing,
either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are
identical to the temporary restraining order, except for the duration
of the order, then the restraining order or protective order issued
at the hearing may be served on the person by first-class mail sent
to that person at the most current address for the person available
to the court.
(3) The Judicial Council form for temporary orders issued pursuant
to this subdivision shall contain a statement in substantially the
following form:
"If you have been personally served with this temporary
restraining order and notice of hearing, but you do not appear at the
hearing either in person or by a lawyer, and a restraining order
that is the same as this restraining order except for the expiration
date is issued at the hearing, a copy of the order will be served on
you by mail at the following address: ____.
If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court."
(q) (1) Information on any temporary restraining order or
injunction relating to workplace violence issued by a court pursuant
to this section shall be transmitted to the Department of Justice in
accordance with either paragraph (2) or (3).
(2) The court shall order the petitioner or the attorney for the
petitioner to deliver a copy of any order issued under this section,
or a reissuance, extension, modification, or termination of the
order, and any subsequent proof of service, by the close of the
business day on which the order, reissuance, extension, modification,
or termination was made, to each law enforcement agency having
jurisdiction over the residence of the petitioner and to any
additional law enforcement agencies within the court's discretion as
are requested by the petitioner.
(3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
(A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).
(B) With the approval of the Department of Justice, entering the
order or proof of service into CLETS directly.
(4) Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported
unlawful violence or a credible threat of violence.
(5) At the request of the petitioner, an order issued under this
section shall be served on the respondent, regardless of whether the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported unlawful violence or
a credible threat of violence involving the parties to the
proceedings. The petitioner shall provide the officer with an
endorsed copy of the order and proof of service that the officer
shall complete and send to the issuing court.
(6) Upon receiving information at the scene of an incident of
unlawful violence or a credible threat of violence that a protective
order has been issued under this section, or that a person who has
been taken into custody is the subject of an order, if the petitioner
or the protected person cannot produce an endorsed copy of the
order, a law enforcement officer shall immediately attempt to verify
the existence of the order.
(7) 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 obtain the
respondent's address. The law enforcement officer shall at that time
also enforce the order, but may not arrest or take the respondent
into custody for acts in violation of the order that were committed
prior to the verbal notice of the terms and conditions of the order.
The law enforcement officer's verbal notice of the terms of the order
shall constitute service of the order and constitutes sufficient
notice for the purposes of this section and for the purposes of
Section 273.6 and subdivision (g) of Section 12021 of the Penal Code.
The petitioner shall mail an endorsed copy of the order to the
respondent's mailing address provided to the law enforcement officer
within one business day of the reported incident of unlawful violence
or a credible threat of violence at which a verbal notice of the
terms of the order was provided by a law enforcement officer.
(r) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm or ammunition while the protective
order is in effect.
(2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
(3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm or ammunition while the
protective order is in effect is punishable pursuant to subdivision
(g) of Section 12021 of the Penal Code.
(s) Any intentional disobedience of any temporary restraining
order or injunction granted under this section is punishable pursuant
to Section 273.6 of the Penal Code.
(t) Nothing in this section may be construed as expanding,
diminishing, altering, or modifying the duty, if any, of an employer
to provide a safe workplace for employees and other persons.
(u) (1) The Judicial Council shall develop forms, instructions,
and rules for relating to matters governed by this section. The forms
for the petition and response shall be simple and concise, and their
use by parties in actions brought pursuant to this section shall be
mandatory.
(2) A temporary restraining order or injunction relating to
unlawful violence or a credible threat of violence issued by a court
pursuant to this section shall be issued on forms adopted by the
Judicial Council of California and that have been approved by the
Department of Justice pursuant to subdivision (i) of Section 6380 of
the Family Code. However, the fact that an order issued by a court
pursuant to this section was not issued on forms adopted by the
Judicial Council and approved by the Department of Justice shall not,
in and of itself, make the order unenforceable.
(v) There is no filing fee for a petition that alleges that a
person has inflicted or threatened violence against an employee of
the petitioner, or stalked the employee, or acted or spoken in any
other manner that has placed the employee in reasonable fear of
violence, and that seeks a protective or restraining order or
injunction restraining stalking or future violence or threats of
violence, in any action brought pursuant to this section. No fee
shall be paid for a subpoena filed in connection with a petition
alleging these acts. No fee shall be paid for filing a response to a
petition alleging these acts.
(w) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process by a sheriff or marshal of a temporary restraining order
or injunction to be issued pursuant to this section if either of the
following conditions apply:
(A) The temporary restraining order or injunction issued pursuant
to this section is based upon stalking, as prohibited by Section
646.9 of the Penal Code.
(B) The temporary restraining order or injunction issued pursuant
to this section is based on unlawful violence or a credible threat of
violence.
(2) The Judicial Council shall prepare and develop forms for
persons who wish to avail themselves of the services described in
this subdivision.
527.85. (a) Any chief administrative officer of a postsecondary
educational institution, or an officer or employee designated by the
chief administrative officer to maintain order on the school campus
or facility, a student of which has suffered a credible threat of
violence made off the school campus or facility from any individual,
which can reasonably be construed to be carried out or to have been
carried out at the school campus or facility, may, with the written
consent of the student, seek a temporary restraining order and an
injunction, on behalf of the student and, at the discretion of the
court, any number of other students at the campus or facility who are
similarly situated.
(b) For the purposes of this section, the following definitions
shall apply:
(1) "Chief administrative officer" means the principal, president,
or highest ranking official of the postsecondary educational
institution.
(2) "Course of conduct" means a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including any of the following:
(A) Following or stalking a student to or from school.
(B) Entering the school campus or facility.
(C) Following a student during school hours.
(D) Making telephone calls to a student.
(E) Sending correspondence to a student by any means, including,
but not limited to, the use of the public or private mails,
interoffice mail, fax, or computer e-mail.
(3) "Credible threat of violence" means a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
(4) "Postsecondary educational institution" means a private
institution of vocational, professional, or postsecondary education.
(5) "Student" means an adult currently enrolled in or applying for
admission to a postsecondary educational institution.
(6) "Unlawful violence" means any assault or battery, or stalking
as prohibited in Section 646.9 of the Penal Code, but shall not
include lawful acts of self-defense or defense of others.
(c) This section does not permit a court to issue a temporary
restraining order or injunction prohibiting speech or other
activities that are constitutionally protected, or otherwise
protected by Section 527.3 or any other provision of law.
(d) Upon filing a petition for an injunction under this section,
the plaintiff may obtain a temporary restraining order in accordance
with subdivision (a) of Section 527, if the plaintiff also files an
affidavit that, to the satisfaction of the court, shows reasonable
proof that a student has suffered a credible threat of violence made
off the school campus or facility by the defendant, and that great or
irreparable harm would result to the student. In the discretion of
the court, and on a showing of good cause, a temporary restraining
order or injunction issued under this section may include other named
family or household members who reside with the student, or other
students at the campus or facility. A temporary restraining order
granted under this section shall remain in effect, at the court's
discretion, for a period not to exceed 15 days, unless otherwise
modified or terminated by the court.
(e) Within 15 days of the filing of the petition, a hearing shall
be held on the petition for the injunction. The defendant may file a
response that explains, excuses, justifies, or denies the alleged
credible threats of violence or may file a cross-complaint under this
section. At the hearing, the judge shall receive any testimony that
is relevant and may make an independent inquiry. Moreover, if the
defendant is a current student of the entity requesting the
injunction, the judge shall receive evidence concerning the decision
of the postsecondary educational institution decision to retain,
terminate, or otherwise discipline the defendant. If the judge finds
by clear and convincing evidence that the defendant made a credible
threat of violence off the school campus or facility, an injunction
shall be issued prohibiting further threats of violence. An
injunction issued pursuant to this section shall have a duration of
not more than three years. At any time within three months before the
expiration of the injunction, the plaintiff may apply for a renewal
of the injunction by filing a new petition for an injunction under
this section.
(f) This section does not preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
(g) Upon filing of a petition for an injunction under this
section, the defendant shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may, for good cause, on motion of the plaintiff or
on its own motion, shorten the time for service on the defendant.
(h) (1) The court shall order the plaintiff or the attorney for
the plaintiff to deliver a copy of each temporary restraining order
or injunction, or modification or termination thereof, granted under
this section, by the close of the business day on which the order was
granted, to the law enforcement agencies within the court's
discretion as are requested by the plaintiff. Each appropriate law
enforcement agency shall make available information as to the
existence and current status of these orders to law enforcement
officers responding to the scene of reported unlawful violence or a
credible threat of violence.
(2) At the request of the plaintiff, an order issued under this
section shall be served on the defendant, regardless of whether the
defendant has been taken into custody, by any law enforcement officer
who is present at the scene of reported unlawful violence or a
credible threat of violence involving the parties to the proceedings.
The plaintiff shall provide the officer with an endorsed copy of the
order and proof of service that the officer shall complete and send
to the issuing court.
(3) Upon receiving information at the scene of an incident of
unlawful violence or a credible threat of violence that a protective
order has been issued under this section, or that a person who has
been taken into custody is the subject of an order, if the plaintiff
or the protected person cannot produce an endorsed copy of the order,
a law enforcement officer shall immediately attempt to verify the
existence of the order.
(4) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the defendant of the terms of the order and obtain the
defendant's address. The law enforcement officer shall at that time
also enforce the order, but may not arrest or take the defendant into
custody for acts in violation of the order that were committed prior
to the verbal notice of the terms and conditions of the order. The
law enforcement officer's verbal notice of the terms of the order
shall constitute service of the order and constitutes sufficient
notice for the purposes of this section, and Section 273.6 and
subdivision (g) of Section 12021 of the Penal Code. The plaintiff
shall mail an endorsed copy of the order to the defendant's mailing
address provided to the law enforcement officer within one business
day of the reported incident of unlawful violence or a credible
threat of violence at which a verbal notice of the terms of the order
was provided by a law enforcement officer.
(i) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm while the protective order is in
effect.
(2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
(3) Every person who owns, possesses, purchases, or receives, or
attempts to purchase or receive a firearm while the protective order
is in effect is punishable pursuant to subdivision (g) of Section
12021 of the Penal Code.
(j) Any intentional disobedience of any temporary restraining
order or injunction granted under this section is punishable pursuant
to Section 273.6 of the Penal Code.
(k) Nothing in this section may be construed as expanding,
diminishing, altering, or modifying the duty, if any, of a
postsecondary educational institution to provide a safe environment
for students and other persons.
(l) The Judicial Council shall develop forms, instructions, and
rules for scheduling of hearings and other procedures established
pursuant to this section. The forms for the petition and response
shall be simple and concise, and their use by parties in actions
brought pursuant to this section shall be mandatory.
(m) A temporary restraining order or injunction relating to
harassment or domestic violence issued by a court pursuant to this
section shall be issued on forms adopted by the Judicial Council and
that have been approved by the Department of Justice pursuant to
subdivision (i) of Section 6380 of the Family Code. However, the fact
that an order issued by a court pursuant to this section was not
issued on forms adopted by the Judicial Council and approved by the
Department of Justice shall not, in and of itself, make the order
unenforceable.
(n) Information on any temporary restraining order or injunction
relating to harassment or domestic violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with subdivision (b) of Section 6380 of the
Family Code.
(o) There is no filing fee for a petition that alleges that a
person has threatened violence against a student of the petitioner,
or stalked the student, or acted or spoken in any other manner that
has placed the student in reasonable fear of violence, and that seeks
a protective or restraining order or injunction restraining stalking
or future threats of violence, in any action brought pursuant to
this section. No fee shall be paid for a subpoena filed in connection
with a petition alleging these acts. No fee shall be paid for filing
a response to a petition alleging these acts.
(p) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process of a temporary restraining order or injunction to be
issued pursuant to this section if either of the following conditions
apply:
(A) The temporary restraining order or injunction issued pursuant
to this section is based upon stalking, as prohibited by Section
646.9 of the Penal Code.
(B) The temporary restraining order or injunction issued pursuant
to this section is based upon a credible threat of violence.
(2) The Judicial Council shall prepare and develop application
forms for applicants who wish to avail themselves of the services
described in this subdivision.
527.85. (a) Any chief administrative officer of a postsecondary
educational institution, or an officer or employee designated by the
chief administrative officer to maintain order on the school campus
or facility, a student of which has suffered a credible threat of
violence made off the school campus or facility from any individual,
which can reasonably be construed to be carried out or to have been
carried out at the school campus or facility, may, with the written
consent of the student, seek a temporary restraining order and an
injunction, on behalf of the student and, at the discretion of the
court, any number of other students at the campus or facility who are
similarly situated.
(b) For the purposes of this section, the following definitions
shall apply:
(1) "Chief administrative officer" means the principal, president,
or highest ranking official of the postsecondary educational
institution.
(2) "Course of conduct" means a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including any of the following:
(A) Following or stalking a student to or from school.
(B) Entering the school campus or facility.
(C) Following a student during school hours.
(D) Making telephone calls to a student.
(E) Sending correspondence to a student by any means, including,
but not limited to, the use of the public or private mails,
interoffice mail, fax, or computer e-mail.
(3) "Credible threat of violence" means a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
(4) "Petitioner" means the chief administrative officer, or his or
her designee, who petitions under subdivision (a) for a temporary
restraining order and injunction.
(5) "Postsecondary educational institution" means a private
institution of vocational, professional, or postsecondary education.
(6) "Respondent" means the person against whom the temporary
restraining order and injunction are sought and, if the petition is
granted, the restrained person.
(7) "Student" means an adult currently enrolled in or applying for
admission to a postsecondary educational institution.
(8) "Temporary restraining order" and "injunction" mean orders
that include any of the following restraining orders, whether issued
ex parte, or after notice and hearing:
(A) An order enjoining a party from harassing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, abusing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of the student.
(B) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph (A).
(9) "Unlawful violence" means any assault or battery, or stalking
as prohibited in Section 646.9 of the Penal Code, but shall not
include lawful acts of self-defense or defense of others.
(c) This section does not permit a court to issue a temporary
restraining order or injunction prohibiting speech or other
activities that are constitutionally protected, or otherwise
protected by Section 527.3 or any other provision of law.
(d) In the discretion of the court, on a showing of good cause, a
temporary restraining order or injunction issued under this section
may include other named family or household members of the student,
or other students at the campus or facility.
(e) Upon filing a petition for an injunction under this section,
the petitioner may obtain a temporary restraining order in accordance
with subdivision (a) of Section 527, if the petitioner also files a
declaration that, to the satisfaction of the court, shows reasonable
proof that a student has suffered a credible threat of violence made
off the school campus or facility by the respondent, and that great
or irreparable harm would result to the student. The temporary
restraining order may include any of the protective orders described
in paragraph (8) of subdivision (b).
(f) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court.
(g) A temporary restraining order granted under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 21 days, or if the court extends the time for hearing under
subdivision (h), not to exceed 25 days, unless otherwise modified or
terminated by the court.
(h) Within 21 days, or if good cause appears to the court, within
25 days, from the date that a petition for a temporary order is
granted or denied, a hearing shall be held on the petition for the
injunction. If no request for temporary orders is made, the hearing
shall be held within 21 days, or if good cause appears to the court,
25 days, from the date the petition is filed.
(i) The respondent may file a response that explains, excuses,
justifies, or denies the alleged credible threats of violence.
(j) At the hearing, the judge shall receive any testimony that is
relevant and may make an independent inquiry. Moreover, if the
respondent is a current student of the entity requesting the
injunction, the judge shall receive evidence concerning the decision
of the postsecondary educational institution decision to retain,
terminate, or otherwise discipline the respondent. If the judge finds
by clear and convincing evidence that the respondent made a credible
threat of violence off the school campus or facility, an injunction
shall be issued prohibiting further threats of violence.
(k) (1) In the discretion of the court, an order issued after
notice and hearing under this section may have a duration of not more
than three years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years,
without a showing of any further violence or threats of violence
since the issuance of the original order, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party. The
request for renewal may be brought at any time within the three
months before the expiration of the order.
(2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
(l) This section does not preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
(m) Upon filing of a petition for an injunction under this
section, the respondent shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may, for good cause, on motion of the petitioner
or on its own motion, shorten the time for service on the respondent.
(n) A notice of hearing under this section shall notify the
respondent that if he or she does not attend the hearing, the court
may make orders against him or her that could last up to three years.
(o) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing.
(2) The reissued order shall state on its face the date of
expiration of the order.
(p) (1) If a respondent, named in an order issued under this
section after a hearing, has not been served personally with the
order but has received actual notice of the existence and substance
of the order through personal appearance in court to hear the terms
of the order from the court, no additional proof of service is
required for enforcement of the order.
(2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the respondent does not appear at the hearing,
either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are
identical to the temporary restraining order, except for the duration
of the order, then the restraining order or protective order issued
at the hearing may be served on the respondent by first-class mail
sent to that person at the most current address for the respondent
available to the court.
(3) The Judicial Council form for temporary orders issued pursuant
to this subdivision shall contain a statement in substantially the
following form:
"If you have been personally served with a temporary restraining
order and notice of hearing, but you do not appear at the hearing
either in person or by a lawyer, and a restraining order that is the
same as this temporary restraining order except for the expiration
date is issued at the hearing, a copy of the order will be served on
you by mail at the following address:____.
If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court."
(q) (1) Information on any temporary restraining order or
injunction relating to school site violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with either paragraph (2) or (3).
(2) The court shall order the petitioner or the attorney for the
petitioner to deliver a copy of any order issued under this section,
or a reissuance, extension, modification, or termination of the
order, and any subsequent proof of service, by the close of the
business day on which the order, reissuance, or termination of the
order, and any proof of service, was made, to each law enforcement
agency having jurisdiction over the residence of the petition and to
any additional law enforcement agencies within the court's discretion
as are requested by the petitioner.
(3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
(A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).
(B) With the approval of the Department of Justice, entering the
order of proof of service into CLETS directly.
(4) Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported
unlawful violence or a credible threat of violence.
(5) At the request of the petitioner, an order issued under this
section shall be served on the respondent, regardless of whether the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported unlawful violence or
a credible threat of violence involving the parties to the
proceedings. The petitioner shall provide the officer with an
endorsed copy of the order and proof of service that the officer
shall complete and send to the issuing court.
(6) Upon receiving information at the scene of an incident of
unlawful violence or a credible threat of violence that a protective
order has been issued under this section, or that a person who has
been taken into custody is the subject of an order, if the petitioner
or the protected person cannot produce an endorsed copy of the
order, a law enforcement officer shall immediately attempt to verify
the existence of the order.
(7) 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 obtain the
respondent's address. The law enforcement officer shall at that time
also enforce the order, but may not arrest or take the respondent
into custody for acts in violation of the order that were committed
prior to the verbal notice of the terms and conditions of the order.
The law enforcement officer's verbal notice of the terms of the order
shall constitute service of the order and constitutes sufficient
notice for the purposes of this section, and Section 273.6 and
subdivision (g) of Section 12021 of the Penal Code. The petitioner
shall mail an endorsed copy of the order to the respondent's mailing
address provided to the law enforcement officer within one business
day of the reported incident of unlawful violence or a credible
threat of violence at which a verbal notice of the terms of the order
was provided by a law enforcement officer.
(r) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm or ammunition while the protective
order is in effect.
(2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
(3) Every person who owns, possesses, purchases, or receives, or
attempts to purchase or receive a firearm or ammunition while the
protective order is in effect is punishable pursuant to subdivision
(g) of Section 12021 of the Penal Code.
(s) Any intentional disobedience of any temporary restraining
order or injunction granted under this section is punishable pursuant
to Section 273.6 of the Penal Code.
(t) Nothing in this section may be construed as expanding,
diminishing, altering, or modifying the duty, if any, of a
postsecondary educational institution to provide a safe environment
for students and other persons.
(u) (1) The Judicial Council shall develop forms, instructions,
and rules relating to matters governed by this section. The forms for
the petition and response shall be simple and concise, and their use
by parties in actions brought pursuant to this section shall be
mandatory.
(2) A temporary restraining order or injunction relating to
unlawful violence or a credible threat of violence issued by a court
pursuant to this section shall be issued on forms adopted by the
Judicial Council and that have been approved by the Department of
Justice pursuant to subdivision (i) of Section 6380 of the Family
Code. However, the fact that an order issued by a court pursuant to
this section was not issued on forms adopted by the Judicial Council
and approved by the Department of Justice shall not, in and of
itself, make the order unenforceable.
(v) There is no filing fee for a petition that alleges that a
person has threatened violence against a student of the petitioner,
or stalked the student, or acted or spoken in any other manner that
has placed the student in reasonable fear of violence, and that seeks
a protective or restraining order or injunction restraining stalking
or future threats of violence, in any action brought pursuant to
this section. No fee shall be paid for a subpoena filed in connection
with a petition alleging these acts. No fee shall be paid for filing
a response to a petition alleging these acts.
(w) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process by a sheriff or marshal of a temporary restraining order
or injunction to be issued pursuant to this section if either of the
following conditions apply:
(A) The temporary restraining order or injunction issued pursuant
to this section is based upon stalking, as prohibited by Section
646.9 of the Penal Code.
(B) The temporary restraining order or injunction issued pursuant
to this section is based upon a credible threat of violence.
(2) The Judicial Council shall prepare and develop forms for
persons who wish to avail themselves of the services described in
this subdivision.
527.9. (a) A person subject to a temporary restraining order or
injunction issued pursuant to Section 527.6 or 527.8 of the Code of
Civil Procedure, or subject to a restraining order issued pursuant to
Section 136.2 of the Penal Code, or Section 15657.03 of the Welfare
and Institutions Code, shall relinquish the firearm pursuant to this
section.
(b) Upon the issuance of a protective order pursuant to
subdivision (a), the court shall order the person to relinquish any
firearm in that person's immediate possession or control, or subject
to that person's immediate possession or control, within 24 hours of
being served with the order, either by surrendering the firearm to
the control of local law enforcement officials, or by selling the
firearm to a licensed gun dealer, as specified in Section 12071 of
the Penal Code. A person ordered to relinquish any firearm pursuant
to this subdivision shall file with the court a receipt showing the
firearm was surrendered to the local law enforcement agency or sold
to a licensed gun dealer within 48 hours after receiving the order.
In the event that it is necessary to continue the date of any hearing
due to a request for a relinquishment order pursuant to this
section, the court shall ensure that all applicable protective orders
described in Section 6218 of the Family Code remain in effect or
bifurcate the issues and grant the permanent restraining order
pending the date of the hearing.
(c) A local law enforcement agency may charge the person subject
to the order or injunction a fee for the storage of any firearm
relinquished pursuant to this section. The fee shall not exceed the
actual cost incurred by the local law enforcement agency for the
storage of the firearm. For purposes of this subdivision, "actual
cost" means expenses directly related to taking possession of a
firearm, storing the firearm, and surrendering possession of the
firearm to a licensed dealer as defined in Section 12071 of the Penal
Code or to the person relinquishing the firearm.
(d) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (b) shall state on its face that the
respondent is prohibited from owning, possessing, purchasing, or
receiving a firearm while the protective order is in effect and that
the firearm shall be relinquished to the local law enforcement agency
for that jurisdiction or sold to a licensed gun dealer, and that
proof of surrender or sale shall be filed with the court within a
specified period of receipt of the order. The order shall also state
on its face the expiration date for relinquishment. Nothing in this
section shall limit a respondent's right under existing law to
petition the court at a later date for modification of the order.
(e) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (b) shall prohibit the person from
possessing or controlling any firearm for the duration of the order.
At the expiration of the order, the local law enforcement agency
shall return possession of any surrendered firearm to the respondent,
within five days after the expiration of the relinquishment order,
unless the local law enforcement agency determines that (1) the
firearm has been stolen, (2) the respondent is prohibited from
possessing a firearm because the respondent is in any prohibited
class for the possession of firearms, as defined in Sections 12021
and 12021.1 of the Penal Code and Sections 8100 and 8103 of the
Welfare and Institutions Code, or (3) another successive restraining
order is used against the respondent under this section. If the local
law enforcement agency determines that the respondent is the legal
owner of any firearm deposited with the local law enforcement agency
and is prohibited from possessing any firearm, the respondent shall
be entitled to sell or transfer the firearm to a licensed dealer as
defined in Section 12071 of the Penal Code. If the firearm has been
stolen, the firearm shall be restored to the lawful owner upon his or
her identification of the firearm and proof of ownership.
(f) The court may, as part of the relinquishment order, grant an
exemption from the relinquishment requirements of this section for a
particular firearm if the respondent can show that a particular
firearm is necessary as a condition of continued employment and that
the current employer is unable to reassign the respondent to another
position where a firearm is unnecessary. If an exemption is granted
pursuant to this subdivision, the order shall provide that the
firearm shall be in the physical possession of the respondent only
during scheduled work hours and during travel to and from his or her
place of employment. In any case involving a peace officer who as a
condition of employment and whose personal safety depends on the
ability to carry a firearm, a court may allow the peace officer to
continue to carry a firearm, either on duty or off duty, if the court
finds by a preponderance of the evidence that the officer does not
pose a threat of harm. Prior to making this finding, the court shall
require a mandatory psychological evaluation of the peace officer and
may require the peace officer to enter into counseling or other
remedial treatment program to deal with any propensity for domestic
violence.
(g) During the period of the relinquishment order, a respondent is
entitled to make one sale of all firearms that are in the possession
of a local law enforcement agency pursuant to this section. A
licensed gun dealer, who presents a local law enforcement agency with
a bill of sale indicating that all firearms owned by the respondent
that are in the possession of the local law enforcement agency have
been sold by the respondent to the licensed gun dealer, shall be
given possession of those firearms, at the location where a
respondent's firearms are stored, within five days of presenting the
local law enforcement agency with a bill of sale.
527.9. (a) A person subject to a temporary restraining order or
injunction issued pursuant to Section 527.6, 527.8, or 527.85 or
subject to a restraining order issued pursuant to Section 136.2 of
the Penal Code, or Section 15657.03 of the Welfare and Institutions
Code, shall relinquish the firearm pursuant to this section.
(b) Upon the issuance of a protective order against a person
pursuant to subdivision (a), the court shall order that person to
relinquish any firearm in that person's immediate possession or
control, or subject to that person's immediate possession or control,
within 24 hours of being served with the order, either by
surrendering the firearm to the control of local law enforcement
officials, or by selling the firearm to a licensed gun dealer, as
specified in Section 12071 of the Penal Code. A person ordered to
relinquish any firearm pursuant to this subdivision shall file with
the court a receipt showing the firearm was surrendered to the local
law enforcement agency or sold to a licensed gun dealer within 48
hours after receiving the order. In the event that it is necessary to
continue the date of any hearing due to a request for a
relinquishment order pursuant to this section, the court shall ensure
that all applicable protective orders described in Section 6218 of
the Family Code remain in effect or bifurcate the issues and grant
the permanent restraining order pending the date of the hearing.
(c) A local law enforcement agency may charge the person subject
to the order or injunction a fee for the storage of any firearm
relinquished pursuant to this section. The fee shall not exceed the
actual cost incurred by the local law enforcement agency for the
storage of the firearm. For purposes of this subdivision, "actual
cost" means expenses directly related to taking possession of a
firearm, storing the firearm, and surrendering possession of the
firearm to a licensed dealer as defined in Section 12071 of the Penal
Code or to the person relinquishing the firearm.
(d) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (b) shall state on its face that the
respondent is prohibited from owning, possessing, purchasing, or
receiving a firearm while the protective order is in effect and that
the firearm shall be relinquished to the local law enforcement agency
for that jurisdiction or sold to a licensed gun dealer, and that
proof of surrender or sale shall be filed with the court within a
specified period of receipt of the order. The order shall also state
on its face the expiration date for relinquishment. Nothing in this
section shall limit a respondent's right under existing law to
petition the court at a later date for modification of the order.
(e) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (b) shall prohibit the person from
possessing or controlling any firearm for the duration of the order.
At the expiration of the order, the local law enforcement agency
shall return possession of any surrendered firearm to the respondent,
within five days after the expiration of the relinquishment order,
unless the local law enforcement agency determines that (1) the
firearm has been stolen, (2) the respondent is prohibited from
possessing a firearm because the respondent is in any prohibited
class for the possession of firearms, as defined in Sections 12021
and 12021.1 of the Penal Code and Sections 8100 and 8103 of the
Welfare and Institutions Code, or (3) another successive restraining
order is issued against the respondent under this section. If the
local law enforcement agency determines that the respondent is the
legal owner of any firearm deposited with the local law enforcement
agency and is prohibited from possessing any firearm, the respondent
shall be entitled to sell or transfer the firearm to a licensed
dealer as defined in Section 12071 of the Penal Code. If the firearm
has been stolen, the firearm shall be restored to the lawful owner
upon his or her identification of the firearm and proof of ownership.
(f) The court may, as part of the relinquishment order, grant an
exemption from the relinquishment requirements of this section for a
particular firearm if the respondent can show that a particular
firearm is necessary as a condition of continued employment and that
the current employer is unable to reassign the respondent to another
position where a firearm is unnecessary. If an exemption is granted
pursuant to this subdivision, the order shall provide that the
firearm shall be in the physical possession of the respondent only
during scheduled work hours and during travel to and from his or her
place of employment. In any case involving a peace officer who as a
condition of employment and whose personal safety depends on the
ability to carry a firearm, a court may allow the peace officer to
continue to carry a firearm, either on duty or off duty, if the court
finds by a preponderance of the evidence that the officer does not
pose a threat of harm. Prior to making this finding, the court shall
require a mandatory psychological evaluation of the peace officer and
may require the peace officer to enter into counseling or other
remedial treatment program to deal with any propensity for domestic
violence.
(g) During the period of the relinquishment order, a respondent is
entitled to make one sale of all firearms that are in the possession
of a local law enforcement agency pursuant to this section. A
licensed gun dealer, who presents a local law enforcement agency with
a bill of sale indicating that all firearms owned by the respondent
that are in the possession of the local law enforcement agency have
been sold by the respondent to the licensed gun dealer, shall be
given possession of those firearms, at the location where a
respondent's firearms are stored, within five days of presenting the
local law enforcement agency with a bill of sale.
527.10. (a) The court shall order that any party enjoined pursuant
to Sections 527.6 and 527.8 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.
527.10. (a) The court shall order that any party enjoined pursuant
to Section 527.6, 527.8, or 527.85 be prohibited from taking any
action to obtain the address or location of any protected person,
unless there is good cause not to make that order.
(b) The Judicial Council shall develop forms necessary to
effectuate this section.
528. An injunction cannot be allowed after the defendant has
answered, unless upon notice, or upon an order to show cause; but in
such case the defendant may be restrained until the decision of the
Court or Judge granting or refusing the injunction.
529. (a) On granting an injunction, the court or judge must require
an undertaking on the part of the applicant to the effect that the
applicant will pay to the party enjoined any damages, not exceeding
an amount to be specified, the party may sustain by reason of the
injunction, if the court finally decides that the applicant was not
entitled to the injunction. Within five days after the service of the
injunction, the person enjoined may object to the undertaking. If
the court determines that the applicant's undertaking is insufficient
and a sufficient undertaking is not filed within the time required
by statute, the order granting the injunction must be dissolved.
(b) This section does not apply to any of the following persons:
(1) Either spouse against the other in a proceeding for legal
separation or dissolution of marriage.
(2) The applicant for an order described in Division 10
(commencing with Section 6200) of the Family Code.
(3) A public entity or officer described in Section 995.220.
529.1. (a) In all actions in which the court has granted an
injunction sought by any plaintiff to enjoin a construction project
which has received all legally required licenses and permits, the
defendant may apply to the court by noticed motion for an order
requiring the plaintiff to furnish an undertaking as security for
costs and any damages that may be incurred by the defendant by the
conclusion of the action or proceeding as the result of a delay in
the construction of the project. The motion shall be made on the
grounds that there is no reasonable possibility that the plaintiff
will obtain a judgment against the moving defendant and that the
plaintiff will not suffer undue economic hardship by filing the
undertaking.
(b) If the court, after hearing, determines that the grounds for
the motion have been established, the court shall order that the
plaintiff file the undertaking in an amount specified in the court's
order as security for costs and damages of the defendant. The
liability of the plaintiff pursuant to this section for the costs and
damages of the defendant shall not exceed five hundred thousand
dollars ($500,000).
(c) As used in this section, a construction project includes, but
is not restricted to, the construction, surveying, design,
specifications, alteration, repair, improvement, maintenance,
removal, or demolition of any building, highway, road, parking
facility, bridge, railroad, airport, pier or dock, excavation or
other structure, development or other improvement to real or personal
property.
529.2. (a) In all civil actions, including, but not limited to,
actions brought pursuant to Section 21167 of the Public Resources
Code, brought by any plaintiff to challenge a housing project which
is a development project, as defined by Section 65928 of the
Government Code, and which meets or exceeds the requirements for low-
or moderate-income housing as set forth in Section 65915 of the
Government Code, a defendant may, if the bringing of the action or
the seeking by the plaintiff of particular relief including, but not
limited to, injunctions, has the effect of preventing or delaying the
project from being carried out, apply to the court by noticed motion
for an order requiring the plaintiff to furnish an undertaking as
security for costs and any damages that may be incurred by the
defendant by the conclusion of the action or proceeding as the result
of a delay in carrying out the development project. The motion shall
be made on the grounds that: (1) the action was brought in bad
faith, vexatiously, for the purpose of delay, or to thwart the low-
or moderate-income nature of the housing development project, and (2)
the plaintiff will not suffer undue economic hardship by filing the
undertaking.
(b) If the court, after hearing, determines that the grounds for
the motion have been established, the court shall order that the
plaintiff file the undertaking in an amount specified in the court's
order as security for costs and damages of the defendant. The
liability of the plaintiff pursuant to this section for the costs and
damages of the defendant shall not exceed five hundred thousand
dollars ($500,000).
(c) If at any time after the plaintiff has filed an undertaking
the housing development plan is changed by the developer in bad faith
so that it fails to meet or exceed the requirements for low- or
moderate-income housing as set forth in Section 65915 of the
Government Code, the developer shall be liable to the plaintiff for
the cost of obtaining the undertaking.
530. In all actions which may be hereafter brought when an
injunction or restraining order may be applied for to prevent the
diversion, diminution or increase of the flow of water in its natural
channels, to the ordinary flow of which the plaintiff claims to be
entitled, the court shall first require due notice of the application
to be served upon the defendant, unless it shall appear from the
verified complaint or affidavits upon which the application therefor
is made, that, within ten days prior to the time of such application,
the plaintiff has been in the peaceable possession of the flow of
such water, and that, within such time, said plaintiff has been
deprived of the flow thereof by the wrongful diversion of such flow
by the defendant, or that the plaintiff, at the time of such
application, is, and for ten days prior thereto, has been, in
possession of the flow of said water, and that the defendant
threatens to divert the flow of such water; and if such notice of
such application be given and upon the hearing thereof, it be made to
appear to the court that plaintiff is entitled to the injunction,
but that the issuance thereof pending the litigation will entail
great damage upon defendant, and that plaintiff will not be greatly
damaged by the acts complained of pending the litigation, and can be
fully compensated for such damage as he may suffer, the court may
refuse the injunction upon the defendant giving a bond such as is
provided for in section five hundred and thirty-two; and upon the
trial the same proceedings shall be had, and with the same effect as
in said section provided.
531. An injunction to suspend the general and ordinary business of
a corporation can not be granted without due notice of the
application therefor to the proper officers or managing agent of the
corporation, except when the people of this state are a party to the
proceeding.
532. (a) If an injunction is granted without notice to the person
enjoined, the person may apply, upon reasonable notice to the judge
who granted the injunction, or to the court in which the action was
brought, to dissolve or modify the injunction. The application may be
made upon the complaint or the affidavit on which the injunction was
granted, or upon affidavit on the part of the person enjoined, with
or without the answer. If the application is made upon affidavits on
the part of the person enjoined, but not otherwise, the person
against whom the application is made may oppose the application by
affidavits or other evidence in addition to that on which the
injunction was granted.
(b) In all actions in which an injunction or restraining order has
been or may be granted or applied for, to prevent the diversion,
pending the litigation, of water used, or to be used, for irrigation
or domestic purposes only, if it is made to appear to the court that
great damage will be suffered by the person enjoined, in case the
injunction is continued, and that the person in whose behalf it
issued can be fully compensated for any damages suffered by reason of
the continuance of the acts enjoined during the pendency of the
litigation, the court in its discretion, may dissolve or modify the
injunction. The dissolution or modification shall be subject to the
person enjoined giving a bond in such amount as may be fixed by the
court or judge, conditioned that the enjoined person will pay all
damages which the person in whose behalf the injunction issued may
suffer by reason of the continuance, during the litigation, of the
acts complained of. Upon the trial the amount of the damages must be
ascertained, and in case judgment is rendered for the person in whose
behalf the injunction was granted, the amount fixed as damages must
be included in the judgment, together with reasonable attorney's
fees. In any proceedings to enforce the liability on the bond, the
amount of the damages as fixed in the judgment is conclusive.
533. In any action, the court may on notice modify or dissolve an
injunction or temporary restraining order upon a showing that there
has been a material change in the facts upon which the injunction or
temporary restraining order was granted, that the law upon which the
injunction or temporary restraining order was granted has changed, or
that the ends of justice would be served by the modification or
dissolution of the injunction or temporary restraining order.
534. In any action brought by a riparian owner to enjoin the
diversion of water appropriated or proposed to be appropriated, or
the use thereof, against any person or persons appropriating or
proposing to appropriate such waters, the defendant may set up in his
answer that the water diverted or proposed to be diverted is for the
irrigation of land or other public use, and, in such case, he shall
also in such answer set forth the quantity of water desired to be
taken and necessary to such irrigation of land or the public use, the
nature of such use, the place where the same is used or proposed to
be used, the duration and extent of the diversion or the proposed
diversion, including the stages of the flow of the stream at and
during the time in which the water is to be diverted, and that the
same may be diverted without interfering with the actual and
necessary beneficial uses of the plaintiff, and that such defendant
so answering desires that the court shall ascertain and fix the
damages, if any, that will result to the plaintiff or to his riparian
lands from the appropriation of the water so appropriated or
intended to be appropriated by defendant.
The plaintiff may serve and file a reply to the defendant's answer
stating plaintiff's rights to the water and the damage plaintiff
will suffer by the defendant's taking of the water, and plaintiff may
implead as parties to the action all persons necessary to a full
determination of the rights of plaintiff to the water and the damages
plaintiff will suffer by the proposed taking by defendant, and the
court shall have jurisdiction to hear and determine all the rights to
water of the plaintiff and other parties to the action, and said
parties shall have a right to state and prove their rights, and shall
be bound by the judgment rendered the same as though made parties
plaintiff at the commencement of the action.
Upon the trial of the case the court shall receive and hear
evidence on behalf of the respective parties, and if the court finds
that the allegations of such answer are true as to the aforesaid
matters, and that the appropriation and diversion of such waters is
for irrigation of land or other public use and that, after allowing
sufficient water for the actual and necessary beneficial uses of the
plaintiff and other parties, there is water available to be
beneficially appropriated by such defendant so answering, the court
shall fix the time and manner and extent of such appropriation and
the actual damages, if any, resulting to the plaintiff or other
parties on account of the same, and in fixing such damages the court
shall be guided by Article 5 (commencing with Section 1263.410) of
Chapter 9 of Title 7 of Part 3, and if, upon the ascertainment and
fixing of such damages the defendant, within the time allowed in
Section 1268.010 for the payment of damages in proceedings in eminent
domain, shall pay into court the amount of damages fixed and the
costs adjudged to be paid by such defendant, or give a good and
sufficient bond to pay the same upon the final settlement of the
case, the injunction prayed for by the plaintiff shall be denied to
the extent of the amount the defendant is permitted to appropriate,
as aforesaid, and the temporary injunction, if any has been granted,
shall be vacated to the extent aforesaid; provided, that any of the
parties may appeal from such judgment as in other cases; and
provided, further, that if such judgment is in favor of the defendant
and if he upon and pending such appeal shall keep on deposit with
the clerk of said court the amount of such damages and costs, or the
bond, if it be given, so awarded to be paid to the plaintiff or other
parties in the event such judgment shall be affirmed, no injunction
against the appropriation of the amount the defendant is permitted to
appropriate as aforesaid shall be granted or enforced pending such
appeal, and, upon the acceptance by the plaintiff or other parties of
such amount so awarded or upon the affirmation of such decision on
appeal so that such judgment shall become final, the defendant shall
have the right to divert and appropriate from such stream, against
such plaintiff or other parties and his successors in interest, the
quantity of water therein adjudged and allowed. Upon the filing of
such answer as is herein provided for, the parties plaintiff or other
parties and defendant shall be entitled to a jury trial upon the
issues as to damages so raised, as provided in Title 7 (commencing
with Section 1230.010) of Part 3, applying to proceedings in eminent
domain.