Effective January 1, 2011

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.
											
											



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