Civil Harassment .com

Assembly Bill No. 1596 as chaptered

Note:  

CHAPTER 572 

An act to amend Sections 527.6, 527.8, 527.10, 527.85, and 527.9 of the 

Code of Civil Procedure, to amend Sections 241, 242, 243, 244, 245, 246, 

6304, 6320, 6320.5, 6322.7, 6345, 6380, 6384, 6387, and 6389 of, to add 

Section 6229 to, and to repeal and add Section 6302 of, the Family Code, 

to amend Section 6103.2 of the Government Code, and to amend Sections 

213.5, 15657.03, and 15657.04 of the Welfare and Institutions Code, relating 

to protective orders.

[Approved by Governor September30, 2010. Filed with 

Secretary of State September30, 2010.]

legislative counsel 

’s digest

AB1596, Hayashi.Protective orders: enforcement. 

This bill would eliminate the requirement of residence with the plaintiff. 

(1)  Existing law provides that a hearing on a petition for a civil 

harassment or workplace violence restraining order must be held within 15 

days from the date a temporary restraining order is issued, or within 21 days, 

if good cause appears to the court. 

This bill would provide that a hearing on a petition for a civil harassment 

or workplace violence restraining order must be held within 21 days from 

the date a temporary restraining order is granted or denied, or within 25 

days, if good cause appears to the court. 

(2)  Existing law requires the court to order the plaintiff, or his or her 

attorney, to deliver a copy of each civil harassment, workplace violence, or 

elder or dependent adult abuse restraining order to specified law enforcement 

agencies within one business day. Existing law requires the Department of 

Justice to maintain a statewide telecommunications system, entitled the 

California Law Enforcement Telecommunications System, for use by law 

enforcement agencies. 

This bill would provide that courts may alternately transmit these orders 

to law enforcement for entry into the California Law Enforcement 

Telecommunications System (CLETS), or enter the order directly into 

CLETS with the approval of the Department of Justice. 

(3)  Existing law provides that an elder or dependent adult who has 

suffered abuse may seek a protective order. 

This bill would allow an action to be brought on behalf of an elder or 

dependent adult by a conservator or by specified other authorized persons. 

(4)  Existing law authorizes a court, on a showing of good cause, to include 

in a civil harassment restraining order other named family or household 

members who reside with the plaintiff. 

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(5)  This bill also would make technical and conforming changes to those 

provisions of law that govern the issuance of protective orders. 

The people of the State of California do enact as follows: 

SECTION 1. Section 527.6 of the Code of Civil Procedure is amended 

to read: 

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 

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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 

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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 

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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. 

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(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 

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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. 

SEC. 2. Section 527.8 of the Code of Civil Procedure is amended to 

read: 

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. 

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(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 

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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. 

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(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 

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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. 

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(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. 

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(2)  The Judicial Council shall prepare and develop forms for persons 

who wish to avail themselves of the services described in this subdivision. 

SEC. 3. Section 527.10 of the Code of Civil Procedure is amended to 

read: 

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. 

SEC. 4. Section 527.85 of the Code of Civil Procedure is amended to 

read: 

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. 

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(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 

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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 

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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 

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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. 

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(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. 

SEC. 5. Section 527.9 of the Code of Civil Procedure is amended to 

read: 

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 

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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 

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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. 

SEC. 6. Section 241 of the Family Code is amended to read: 

241. Except as provided in Section 6300, an order described in Section 

240 may not be granted without notice to the respondent unless it appears 

from facts shown by the declaration in support of the petition for the order, 

or in the petition for the order, that great or irreparable injury would result 

to the petitioner before the matter can be heard on notice. 

SEC. 7. Section 242 of the Family Code is amended to read: 

242. (a)  Within 21 days, or, if good cause appears to the court, 25 days 

from the date that a temporary order is granted or denied, a hearing shall 

be held on the petition. 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. 

(b)  If a hearing is not held within the time provided in subdivision (a), 

the court may nonetheless hear the matter, but the order is unenforceable 

unless reissued under Section 245. 

SEC. 8. Section 243 of the Family Code is amended to read: 

243. (a)  When the matter first comes up for hearing, the petitioner must 

be ready to proceed. 

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(b)  If a petition under this part has been filed, the respondent shall be 

personally served with a copy of the petition, the temporary order, if any, 

and the notice of hearing on the petition. Service shall be made at least five 

days before the hearing. 

(c)  If the petitioner fails to comply with subdivision (a) or subdivision 

(b), the court shall dissolve the order. 

(d)  If service is made under subdivision (b), the respondent may file a 

response that explains or denies the allegations in the petition. The 

respondent is entitled, as a matter of course, to one continuance for a 

reasonable period, to respond to the petition for orders. 

(e)  On motion of the petitioner or on its own motion, the court may 

shorten the time provided in this section for service on the respondent. 

(f)  If the response is served on the petitioner at least two days before the 

hearing, the petitioner is not entitled to a continuance on account of the 

response. 

SEC. 9. Section 244 of the Family Code is amended to read: 

244. (a)  On the day of the hearing, the hearing on the petition shall take 

precedence over all other matters on the calendar that day, except older 

matters of the same character, and matters to which special precedence may 

be given by law. 

(b)  The hearing on the petition shall be set for trial at the earliest possible 

date and shall take precedence over all other matters, except older matters 

of the same character, and matters to which special precedence may be given 

by law. 

SEC. 10. Section 245 of the Family Code is amended to read: 

245. (a)  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 hearing. 

(b)  The reissued order shall state on its face the date of expiration of the 

order. 

(c)  No fee shall be charged for the reissuance of the order unless the 

order had been dissolved three times previously. 

SEC. 11. Section 246 of the Family Code is amended to read: 

246. A request for a temporary restraining order described in Section 

240, issued without notice, 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. 

SEC. 12. Section 6229 is added to the Family Code, to read: 

6229. 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 division as 

provided in Section 374 of the Code of Civil Procedure. 

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SEC. 13. Section 6302 of the Family Code is repealed. 

SEC. 14. Section 6302 is added to the Family Code, to read: 

6302. A notice of hearing under this part 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 five years. 

SEC. 15. Section 6304 of the Family Code is amended to read: 

6304. When making a protective order, as defined in Section 6218, 

where both parties are present in court, the court shall inform both the 

petitioner and the respondent of the terms of the order, including notice that 

the respondent is prohibited from owning, possessing, purchasing or 

receiving or attempting to own, possess, purchase or receive a firearm or 

ammunition, and including notice of the penalty for violation. 

SEC. 16. Section 6320 of the Family Code is amended to read: 

6320. (a)  The court may issue an ex parte order enjoining a party from 

molesting, attacking, striking, stalking, threatening, sexually assaulting, 

battering, harassing, 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, coming within a specified distance of, or disturbing the 

peace of the other party, and, in the discretion of the court, on a showing of 

good cause, of other named family or household members. 

(b)  On a showing of good cause, the court may include in a protective 

order a grant to the petitioner of the exclusive care, possession, or control 

of any animal owned, possessed, leased, kept, or held by either the petitioner 

or the respondent or a minor child residing in the residence or household 

of either the petitioner or the respondent. The court may order the respondent 

to stay away from the animal and forbid the respondent from taking, 

transferring, encumbering, concealing, molesting, attacking, striking, 

threatening, harming, or otherwise disposing of the animal. 

SEC. 17. Section 6320.5 of the Family Code is amended to read: 

6320.5. (a)  An order denying a petition for an ex parte order pursuant 

to Section 6320 shall include the reasons for denying the petition. 

(b)  An order denying a jurisdictionally adequate petition for an ex parte 

order, pursuant to Section 6320, shall provide the petitioner the right to a 

noticed hearing on the earliest date that the business of the court will permit, 

but not later than 21 days or, if good cause appears to the court, 25 days 

from the date of the order. The petitioner shall serve on the respondent, at 

least 5 days before the hearing, copies of all supporting papers filed with 

the court, including the application and affidavits. 

(c)  Notwithstanding subdivision (b), upon the denial of the ex parte order 

pursuant to Section 6320, the petitioner shall have the option of waiving 

his or her right to a noticed hearing. However, nothing in this section shall 

preclude a petitioner who waives his or her right to a noticed hearing from 

refiling a new petition, without prejudice, at a later time. 

SEC. 18. Section 6322.7 of the Family Code is amended to read: 

6322.7. (a)  The court shall order that any party enjoined pursuant to an 

order issued under this part be prohibited from taking any action to obtain 

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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. 

SEC. 19. Section 6345 of the Family Code is amended to read: 

6345. (a)  In the discretion of the court, the personal conduct, stay-away, 

and residence exclusion orders contained in a court order issued after notice 

and a hearing under this article may have a duration of not more than five 

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, either for five 

years or permanently, without a showing of any further abuse 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 orders. 

(b)  Notwithstanding subdivision (a), the duration of any orders, other 

than the protective orders described in subdivision (a), that are also contained 

in a court order issued after notice and a hearing under this article, including, 

but not limited to, orders for custody, visitation, support, and disposition of 

property, shall be governed by the law relating to those specific subjects. 

(c)  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. 

SEC. 20. Section 6380 of the Family Code is amended to read: 

6380. (a)  Each county, with the approval of the Department of Justice, 

shall, by July 1, 1996, develop a procedure, using existing systems, for the 

electronic transmission of data, as described in subdivision (b), to the 

Department of Justice. The data shall be electronically transmitted through 

the California Law Enforcement Telecommunications System (CLETS) of 

the Department of Justice by law enforcement personnel, or with the approval 

of the Department of Justice, court personnel, or another appropriate agency 

capable of maintaining and preserving the integrity of both the CLETS and 

the Domestic Violence Restraining Order System, as described in subdivision 

(e). Data entry is required to be entered only once under the requirements 

of this section, unless the order is served at a later time. A portion of all fees 

payable to the Department of Justice under subdivision (a) of Section 

1203.097 of the Penal Code for the entry of the information required under 

this section, based upon the proportion of the costs incurred by the local 

agency and those incurred by the Department of Justice, shall be transferred 

to the local agency actually providing the data. All data with respect to 

criminal court protective orders issued, modified, extended, or terminated 

under subdivision (g) of Section 136.2 of the Penal Code, and all data filed 

with the court on the required Judicial Council forms with respect to 

protective orders, including their issuance, modification, extension, or 

termination, to which this division applies pursuant to Section 6221, shall 

be transmitted by the court or its designee within one business day to law 

enforcement personnel by either one of the following methods: 

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(1)  Transmitting a physical copy of the order to a local law enforcement 

agency authorized by the Department of Justice to enter orders into CLETS. 

(2)  With the approval of the Department of Justice, entering the order 

into CLETS directly. 

(b)  Upon the issuance of a protective order to which this division applies 

pursuant to Section 6221, or the issuance of a temporary restraining order 

or injunction relating to harassment, unlawful violence, or the threat of 

violence pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil 

Procedure, or the issuance of a criminal court protective order under 

subdivision (g) of Section 136.2 of the Penal Code, or the issuance of a 

juvenile court restraining order related to domestic violence pursuant to 

Section 213.5, 304, or 362.4 of the Welfare and Institutions Code, or the 

issuance of a protective order pursuant to Section 15657.03 of the Welfare 

and Institutions Code, or upon registration with the court clerk of a domestic 

violence protective or restraining order issued by the tribunal of another 

state, as defined in Section 6401, and including any of the foregoing orders 

issued in connection with an order for modification of a custody or visitation 

order issued pursuant to a dissolution, legal separation, nullity, or paternity 

proceeding the Department of Justice shall be immediately notified of the 

contents of the order and the following information: 

(1)  The name, race, date of birth, and other personal descriptive 

information of the respondent as required by a form prescribed by the 

Department of Justice. 

(2)  The names of the protected persons. 

(3)  The date of issuance of the order. 

(4)  The duration or expiration date of the order. 

(5)  The terms and conditions of the protective order, including stay-away, 

no-contact, residency exclusion, custody, and visitation provisions of the 

order. 

(6)  The department or division number and the address of the court. 

(7)  Whether or not the order was served upon the respondent. 

(8)  The terms and conditions of any restrictions on the ownership or 

possession of firearms. 

All available information shall be included; however, the inability to 

provide all categories of information shall not delay the entry of the 

information available. 

(c)  The information conveyed to the Department of Justice shall also 

indicate whether the respondent was present in court to be informed of the 

contents of the court order. The respondent’s presence in court shall provide 

proof of service of notice of the terms of the protective order. The 

respondent’s failure to appear shall also be included in the information 

provided to the Department of Justice. 

(d)  (1)  Within one business day of service, any law enforcement officer 

who served a protective order shall submit the proof of service directly into 

the Department of Justice Domestic Violence Restraining Order System, 

including his or her name and law enforcement agency, and shall transmit 

the original proof of service form to the issuing court. 

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(2)  Within one business day of receipt of proof of service by a person 

other than a law enforcement officer, the clerk of the court shall submit the 

proof of service of a protective order directly into the Department of Justice 

Domestic Violation Restraining Order System, including the name of the 

person who served the order. If the court is unable to provide this notification 

to the Department of Justice by electronic transmission, the court shall, 

within one business day of receipt, transmit a copy of the proof of service 

to a local law enforcement agency. The local law enforcement agency shall 

submit the proof of service directly into the Department of Justice Domestic 

Violence Restraining Order System within one business day of receipt from 

the court. 

(e)  The Department of Justice shall maintain a Domestic Violence 

Restraining Order System and shall make available to court clerks and law 

enforcement personnel, through computer access, all information regarding 

the protective and restraining orders and injunctions described in subdivision 

(b), whether or not served upon the respondent. 

(f)  If a court issues a modification, extension, or termination of a 

protective order, it shall be on forms adopted by the Judicial Council of 

California and that have been approved by the Department of Justice, and 

the transmitting agency for the county shall immediately notify the 

Department of Justice, by electronic transmission, of the terms of the 

modification, extension, or termination. 

(g)  The Judicial Council shall assist local courts charged with the 

responsibility for issuing protective orders by developing informational 

packets describing the general procedures for obtaining a domestic violence 

restraining order and indicating the appropriate Judicial Council forms. The 

informational packets shall include a design, that local courts shall complete, 

that describes local court procedures and maps to enable applicants to locate 

filing windows and appropriate courts, and shall also include information 

on how to return proofs of service, including mailing addresses and fax 

numbers. The court clerk shall provide a fee waiver form to all applicants 

for domestic violence protective orders. The court clerk shall provide all 

Judicial Council forms required by this chapter to applicants free of charge. 

The informational packet shall also contain a statement that the protective 

order is enforceable in any state, as defined in Section 6401, and general 

information about agencies in other jurisdictions that may be contacted 

regarding enforcement of an order issued by a court of this state. 

(h)  For the purposes of this part, “electronic transmission” shall include 

computer access through the California Law Enforcement 

Telecommunications System (CLETS). 

(i)  Only protective and restraining orders issued on forms adopted by 

the Judicial Council of California and that have been approved by the 

Department of Justice shall be transmitted to the Department of Justice. 

However, this provision shall not apply to a valid protective or restraining 

order related to domestic or family violence issued by a tribunal of another 

state, as defined in Section 6401. Those orders shall, upon request, be 

registered pursuant to Section 6404. 

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SEC. 21. Section 6384 of the Family Code is amended to read: 

6384. (a)  If a respondent named in an order issued under this part 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. 

If a respondent named in a temporary restraining order or emergency 

protective 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 or emergency protective order, but the respondent does 

not appear at the hearing either in person or by counsel, and the terms and 

conditions of the restraining order or protective order issued at the hearing 

are identical to the temporary restraining or emergency protective order, 

except for the duration of the order, 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 that is 

available to the court. 

(b)  The Judicial Council forms for orders issued under this part 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.” 

SEC. 22. Section 6387 of the Family Code is amended to read: 

6387. The court shall order the clerk of the court to provide to a 

petitioner, without cost, up to three certified, stamped, and endorsed copies 

of any order issued under this part, and of an extension, modification, or 

termination of the order. 

SEC. 23. Section 6389 of the Family Code is amended to read: 

6389. (a)  A person subject to a protective order, as defined in Section 

6218, shall not own, possess, purchase, or receive a firearm or ammunition 

while that protective order is in effect. 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. 

(b)  On all forms providing notice that a protective order has been 

requested or granted, the Judicial Council shall include a notice that, upon 

service of the order, the respondent shall be ordered to relinquish possession 

or control of any firearms and not to purchase or receive or attempt to 

purchase or receive any firearms for a period not to exceed the duration of 

the restraining order. 

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(c)  (1)  Upon issuance of a protective order, as defined in Section 6218, 

the court shall order the respondent to relinquish any firearm in the 

respondent’s immediate possession or control or subject to the respondent’s 

immediate possession or control. 

(2)  The relinquishment ordered pursuant to paragraph (1) shall occur by 

immediately surrendering the firearm in a safe manner, upon request of any 

law enforcement officer, to the control of the officer, after being served with 

the protective order. Alternatively, if no request is made by a law 

enforcement officer, the relinquishment shall occur within 24 hours of being 

served with the order, by either surrendering the firearm in a safe manner 

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. 

The law enforcement officer or licensed gun dealer taking possession of the 

firearm pursuant to this subdivision shall issue a receipt to the person 

relinquishing the firearm at the time of relinquishment. A person ordered 

to relinquish any firearm pursuant to this subdivision shall file with the court 

that issued the protective order, within 48 hours after being served with the 

order, the receipt showing the firearm was surrendered to a local law 

enforcement agency or sold to a licensed gun dealer. Failure to timely file 

a receipt shall constitute a violation of the protective order. 

(3)  The forms for protective orders adopted by the Judicial Council and 

approved by the Department of Justice shall require the petitioner to describe 

the number, types, and locations of any firearms presently known by the 

petitioner to be possessed or controlled by the respondent. 

(4)  It is recommended that every law enforcement agency in the state 

develop, adopt, and implement written policies and standards for law 

enforcement officers who request immediate relinquishment of firearms. 

(d)  If the respondent declines to relinquish possession of any firearm 

based on the assertion of the right against self-incrimination, as provided 

by the Fifth Amendment to the United States Constitution and Section 15 

of Article I of the California Constitution, the court may grant use immunity 

for the act of relinquishing the firearm required under this section. 

(e)  A local law enforcement agency may charge the respondent a fee for 

the storage of any firearm pursuant to this section. This 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 respondent. 

(f)  The restraining order requiring a person to relinquish a firearm 

pursuant to subdivision (c) 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. 

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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. 

(g)  The restraining order requiring a person to relinquish a firearm 

pursuant to subdivision (c) 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. 

(h)  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. 

(i)  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. 

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(j)  The disposition of any unclaimed property under this section shall be 

made pursuant to Section 1413 of the Penal Code. 

(k)  The return of a firearm to any person pursuant to subdivision (g) shall 

not be subject to the requirements of subdivision (d) of Section 12072 of 

the Penal Code. 

(l)  If the respondent notifies the court that he or she owns a firearm that 

is not in his or her immediate possession, the court may limit the order to 

exclude that firearm if the judge is satisfied the respondent is unable to gain 

access to that firearm while the protective order is in effect. 

(m)  Any respondent to a protective order who violates any order issued 

pursuant to this section shall be punished under the provisions of subdivision 

(g) of Section 12021 of the Penal Code. 

SEC. 24. Section 6103.2 of the Government Code is amended to read: 

6103.2. (a)  Section 6103 does not apply to any fee or charge or expense 

for official services rendered by a sheriff or marshal in connection with the 

levy of writs of attachment, execution, possession, or sale. The fee, charge, 

or expense may be advanced to the sheriff or marshal, as otherwise required 

by law. 

(b)  (1)  Notwithstanding Section 6103, the sheriff or marshal, in 

connection with the service of process or notices, may require that all fees 

which a public agency, or any person or entity, is required to pay under 

provisions of law other than this section, be prepaid by a public agency 

named in Section 6103, or by any person or entity, prior to the performance 

of any official act. This authority to require prepayment shall include fees 

governed by Section 6103.5. 

(2)  This subdivision does not apply to the service of process or notices 

in any action by the district attorney’s office for the establishment or 

enforcement of a child support obligation. 

(3)  This subdivision does not apply to a particular jurisdiction unless the 

sheriff or marshal, as the case may be, imposes the requirement of 

prepayment upon public agencies and upon all persons or entities within 

the private sector. 

(4)  The requirement for prepayment of a fee deposit does not apply to 

orders or injunctions described in paragraph (1) of subdivision (x) of Section 

527.6, paragraph (1) of subdivision (w) of Section 527.8, or paragraph (1) 

of subdivision (w) of Section 527.85 of the Code of Civil Procedure, Division 

10 (commencing with Section 6200) of the Family Code (Prevention of 

Domestic Violence), and Chapter 11 (commencing with Section 15600) of 

Part 3 of Division 9 of the Welfare and Institutions Code (Elder Abuse and 

Dependent Adult Civil Protection Act). 

However, a sheriff or marshal may submit a billing to the superior court 

for payment of fees in the manner prescribed by the Judicial Council 

irrespective of the in forma pauperis status of any party under Rules 3.50 

to 3.63, inclusive, of the California Rules of Court. The fees for service, 

cancellation of service, and making a not found return may not exceed the 

amounts provided in Sections 26721, 26736, and 26738, respectively, and 

are subject to the provisions of Section 26731. 

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SEC. 25. Section 213.5 of the Welfare and Institutions Code is amended 

to read: 

213.5. (a)  After a petition has been filed pursuant to Section 311 to 

declare a child a dependent child of the juvenile court, and until the time 

that the petition is dismissed or dependency is terminated, upon application 

in the manner provided by Section 527 of the Code of Civil Procedure or 

in the manner provided by Section 6300 of the Family Code, if related to 

domestic violence, the juvenile court has exclusive jurisdiction to issue ex 

parte orders (1) enjoining any person from molesting, attacking, striking, 

stalking, threatening, sexually assaulting, battering, harassing, telephoning, 

including, but not limited to, making annoying telephone calls as described 

in Section 653m of the Penal Code, destroying the personal property, 

contacting, either directly or indirectly, by mail or otherwise, coming within 

a specified distance of, or disturbing the peace of the child or any other child 

in the household; and (2) excluding any person from the dwelling of the 

person who has care, custody, and control of the child. A court may also 

issue an ex parte order enjoining any person from molesting, attacking, 

striking, stalking, threatening, sexually assaulting, battering, harassing, 

telephoning, including, but not limited to, making annoying telephone calls 

as described in Section 635m of the Penal Code, destroying the personal 

property, contacting, either directly or indirectly, by mail or otherwise, 

coming within a specified distance of, or disturbing the peace of any parent, 

legal guardian, or current caretaker of the child, regardless of whether the 

child resides with that parent, legal guardian, or current caretaker, upon 

application in the manner provided by Section 527 of the Code of Civil 

Procedure or, if related to domestic violence, in the manner provided by 

Section 6300 of the Family Code. A court may also issue an ex parte order 

enjoining any person from molesting, attacking, striking, stalking, 

threatening, sexually assaulting, battering, harassing, telephoning, including, 

but not limited to, making annoying telephone calls as described in Section 

635m of the Penal Code, destroying the personal property, contacting, either 

directly or indirectly, by mail or otherwise, coming within a specified 

distance of, or disturbing the peace of the child’s current or former social 

worker or court appointed special advocate, upon application in the manner 

provided by Section 527 of the Code of Civil Procedure. 

(b)  After a petition has been filed pursuant to Section 601 or 602 to 

declare a child a ward of the juvenile court, and until the time that the petition 

is dismissed or wardship is terminated, upon application in the manner 

provided by Section 527 of the Code of Civil Procedure or, if related to 

domestic violence, in the manner provided by Section 6300 of the Family 

Code, the juvenile court may issue ex parte orders (1) enjoining any person 

from molesting, attacking, striking, stalking, threatening, sexually assaulting, 

battering, harassing, telephoning, including, but not limited to, making 

annoying telephone calls as described in Section 653m of the Penal Code, 

destroying the personal property, contacting, either directly or indirectly, 

by mail or otherwise, coming within a specified distance of, or disturbing 

the peace of the child or any other child in the household; (2) excluding any 

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person from the dwelling of the person who has care, custody, and control 

of the child; or (3) enjoining the child from contacting, threatening, stalking, 

or disturbing the peace of any person the court finds to be at risk from the 

conduct of the child, or with whom association would be detrimental to the 

child. A court may also issue an ex parte order enjoining any person from 

molesting, attacking, striking, stalking, threatening, sexually assaulting, 

battering, harassing, telephoning, including, but not limited to, making 

annoying telephone calls as described in Section 635m of the Penal Code, 

destroying the personal property, contacting, either directly or indirectly, 

by mail or otherwise, coming within a specified distance of, or disturbing 

the peace of any parent, legal guardian, or current caretaker of the child, 

regardless of whether the child resides with that parent, legal guardian, or 

current caretaker, upon application in the manner provided by Section 527 

of the Code of Civil Procedure or, if related to domestic violence, in the 

manner provided by Section 6300 of the Family Code. A court may also 

issue an ex parte order enjoining any person from molesting, attacking, 

striking, stalking, threatening, sexually assaulting, battering, harassing, 

telephoning, including, but not limited to, making annoying telephone calls 

as described in Section 635m of the Penal Code, destroying the personal 

property, contacting, either directly or indirectly, by mail or otherwise, 

coming within a specified distance of, or disturbing the peace of the child’s 

current or former probation officer or court appointed special advocate, 

upon application in the manner provided by Section 527 of the Code of 

Civil Procedure. 

(c)  If a temporary restraining order is granted without notice, the matter 

shall be made returnable on an order requiring cause to be shown why the 

order should not be granted, on the earliest day that the business of the court 

will permit, but not later than 21 days or, if good cause appears to the court, 

25 days from the date the temporary restraining order is granted. The court 

may, on the motion of the person seeking the restraining order, or on its 

own motion, shorten the time for service of the order to show cause on the 

person to be restrained. The court may, upon its own motion or the filing 

of a declaration by the person seeking the restraining order, find that the 

person to be restrained could not be served within the time required by law 

and reissue an order previously issued and dissolved by the court for failure 

to serve the person to be restrained. The reissued order shall remain in effect 

until the date set for the hearing. The reissued order shall state on its face 

the date of expiration of the order. Any hearing pursuant to this section may 

be held simultaneously with any regularly scheduled hearings held in 

proceedings to declare a child a dependent child or ward of the juvenile 

court pursuant to Section 300, 601, or 602, or subsequent hearings regarding 

the dependent child or ward. 

(d)  The juvenile court may issue, upon notice and a hearing, any of the 

orders set forth in subdivisions (a), (b), and (c). Any restraining order granted 

pursuant to this subdivision shall remain in effect, in the discretion of the 

court, no more than three years, unless otherwise terminated by the court, 

extended by mutual consent of all parties to the restraining order, or extended 

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by further order of the court on the motion of any party to the restraining 

order. 

(e)  (1)  The juvenile court may issue an order made pursuant to 

subdivision (a), (b), or (d) excluding a person from a residence or dwelling. 

This order may be issued for the time and on the conditions that the court 

determines, regardless of which party holds legal or equitable title or is the 

lessee of the residence or dwelling. 

(2)  The court may issue an order under paragraph (1) only on a showing 

of all of the following: 

(A)  Facts sufficient for the court to ascertain that the party who will stay 

in the dwelling has a right under color of law to possession of the premises. 

(B)  That the party to be excluded has assaulted or threatens to assault 

the other party or any other person under the care, custody, and control of 

the other party, or any minor child of the parties or of the other party. 

(C)  That physical or emotional harm would otherwise result to the other 

party, to any person under the care, custody, and control of the other party, 

or to any minor child of the parties or of the other party. 

(f)  Any order issued pursuant to subdivision (a), (b), (c), or (d) shall state 

on its face the date of expiration of the order. 

(g)  All data with respect to a juvenile court protective order, or extension, 

modification, or termination thereof, granted pursuant to subdivision (a), 

(b), (c), or (d), shall be transmitted by the court or its designee, within one 

business day, to law enforcement personnel by either one of the following 

methods: 

(1)  Transmitting a physical copy of the order to a local law enforcement 

agency authorized by the Department of Justice to enter orders into the 

California Law Enforcement Telecommunications System (CLETS). 

(2)  With the approval of the Department of Justice, entering the order 

into CLETS directly. 

(h)  Any willful and knowing violation of any order granted pursuant to 

subdivision (a), (b), (c), or (d) shall be a misdemeanor punishable under 

Section 273.65 of the Penal Code. 

(i)  A juvenile court restraining order related to 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. 

(j)  (1)  Prior to a hearing on the issuance or denial of an order under this 

part, a search shall be conducted as described in subdivision (a) of Section 

6306 of the Family Code. 

(2)  Prior to deciding whether to issue an order under this part, the court 

shall consider the following information obtained pursuant to a search 

conducted under paragraph (1): any conviction for a violent felony specified 

in Section 667.5 of the Penal Code or a serious felony specified in Section 

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1192.7 of the Penal Code; any misdemeanor conviction involving domestic 

violence, weapons, or other violence; any outstanding warrant; parole or 

probation status; any prior restraining order; and any violation of a prior 

restraining order. 

(3)  (A)  If the results of the search conducted pursuant to paragraph (1) 

indicate that an outstanding warrant exists against the subject of the search, 

the court shall order the clerk of the court to immediately notify, by the 

most effective means available, appropriate law enforcement officials of 

any information obtained through the search that the court determines is 

appropriate. The law enforcement officials notified shall take all actions 

necessary to execute any outstanding warrants or any other actions, as 

appropriate and as soon as practicable. 

(B)  If the results of the search conducted pursuant to paragraph (1) 

indicate that the subject of the search is currently on parole or probation, 

the court shall order the clerk of the court to immediately notify, by the 

most effective means available, the appropriate parole or probation officer 

of any information obtained through the search that the court determines is 

appropriate. The parole or probation officer notified shall take all actions 

necessary to revoke any parole or probation, or any other actions, with 

respect to the subject person, as appropriate and as soon as practicable. 

(k)  Upon making any order for custody or visitation pursuant to this 

section, the court shall follow the procedures specified in subdivisions (c) 

and (d) of Section 6323 of the Family Code. 

SEC. 26. Section 15657.03 of the Welfare and Institutions Code is 

amended to read: 

15657.03. (a)  (1)  An elder or dependent adult who has suffered abuse 

as defined in Section 15610.07 may seek protective orders as provided in 

this section. 

(2)  A petition may be brought on behalf of an abused elder or dependent 

adult by a conservator or a trustee of the elder or dependent adult, an 

attorney-in-fact of an elder or dependent adult who acts within the authority 

of the power of attorney, a person appointed as a guardian ad litem for the 

elder or dependent adult, or other person legally authorized to seek such 

relief. 

(b)  For the purposes of this section: 

(1)  “Conservator” means the legally appointed conservator of the person 

or estate of the petitioner, or both. 

(2)  “Petitioner” means the elder or dependent adult to be protected by 

the protective orders and, if the court grants the petition, the protected person. 

(3)  “Protective order” means an order that includes any of the following 

restraining orders, whether issued ex parte, after notice and hearing, or in 

a judgment: 

(A)  An order enjoining a party from abusing, intimidating, molesting, 

attacking, striking, stalking, threatening, sexually assaulting, battering, 

harassing, 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 

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otherwise, or coming within a specified distance of, or disturbing the peace 

of the petitioner, and, in the discretion of the court, on a showing of good 

cause, of other named family or household members or a conservator, if 

any, of the petitioner. 

(B)  An order excluding a party from the petitioner’s residence or dwelling, 

except that this order shall not be issued if legal or equitable title to, or lease 

of, the residence or dwelling is in the sole name of the party to be excluded, 

or is in the name of the party to be excluded and any other party besides the 

petitioner. 

(C)  An order enjoining a party from specified behavior that the court 

determines is necessary to effectuate orders described in subparagraph (A) 

or (B). 

(4)  “Respondent” means the person against whom the protective orders 

are sought and, if the petition is granted, the restrained person. 

(c)  An order may be issued under this section, with or without notice, to 

restrain any person for the purpose of preventing a recurrence of abuse, if 

a declaration shows, to the satisfaction of the court, reasonable proof of a 

past act or acts of abuse of the petitioning elder or dependent adult. 

(d)  Upon filing a petition for protective orders under this section, the 

petitioner may obtain a temporary restraining order in accordance with 

Section 527 of the Code of Civil Procedure, except to the extent this section 

provides a rule that is inconsistent. The temporary restraining order may 

include any of the protective orders described in paragraph (3) of subdivision 

(b). However, the court may issue an ex parte order excluding a party from 

the petitioner’s residence or dwelling only on a showing of all of the 

following: 

(1)  Facts sufficient for the court to ascertain that the party who will stay 

in the dwelling has a right under color of law to possession of the premises. 

(2)  That the party to be excluded has assaulted or threatens to assault the 

petitioner, other named family or household member of the petitioner, or a 

conservator of the petitioner. 

(3)  That physical or emotional harm would otherwise result to the 

petitioner, other named family or household member of the petitioner, or a 

conservator of 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)  Within 21 days, or, if good cause appears to the court, 25 days, from 

the date that a request for a temporary restraining order is granted or denied, 

a hearing shall be held on the petition. 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. 

(g)  The respondent may file a response that explains or denies the alleged 

abuse. 

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(h)  The court may issue, upon notice and a hearing, any of the orders set 

forth in paragraph (3) of subdivision (b). The court may issue, after notice 

and hearing, an order excluding a person from a residence or dwelling if 

the court finds that physical or emotional harm would otherwise result to 

the petitioner, other named family or household member of the petitioner, 

or conservator of the petitioner. 

(i)  (1)  In the discretion of the court, an order issued after notice and a 

hearing under this section may have a duration of not more than five 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, either for five years or 

permanently, without a showing of any further abuse 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. 

(j)  In a proceeding under this section, 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 abuse. 

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 abuse 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 abuse 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. 

(k)  Upon the filing of a petition for protective orders under this section, 

the respondent shall be personally served with a copy of the petition, notice 

of the hearing or order to show cause, temporary restraining order, if any, 

and any declarations in support of the petition. Service shall be made at 

least five days before the hearing. The court may, on motion of the petitioner 

or on its own motion, shorten the time for service on the respondent. 

(l)  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 five years. 

(m)  (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. 

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(2)  The reissued order shall state on its face the date of expiration of the 

order. 

(n)  (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 the respondent at the most current address for the respondent that is 

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.” 

(o)  (1)  Information on any protective order relating to elder or dependent 

adult abuse 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 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 

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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 abuse. 

(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 abuse involving the parties to the proceeding. The petitioner shall 

provide the officer with an endorsed copy of the order and a proof of service, 

which the officer shall complete and send to the issuing court. 

(6)  Upon receiving information at the scene of an incident of abuse that 

a protective order has been issued under this section, or that a person who 

has been taken into custody is the respondent to that order, if the protected 

person cannot produce an endorsed copy of the order, a law enforcement 

officer shall immediately 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 where a written copy of the order 

can be obtained, and the officer shall at that time also enforce the order. 

The law enforcement officer’s verbal notice of the terms of the order shall 

constitute service of the order and is sufficient notice for the purposes of 

this section and for the purposes of Section 273.6 of the Penal Code. 

(p)  Nothing in this section shall preclude either party from representation 

by private counsel or from appearing on the party’s own behalf. 

(q)  There is no filing fee for a petition, response, or paper seeking the 

reissuance, modification, or enforcement of a protective order filed in a 

proceeding brought pursuant to this section. 

(r)  Pursuant to paragraph (4) of subdivision (b) of Section 6103.2 of the 

Government Code, a petitioner shall not be required to pay a fee for law 

enforcement to serve an order issued under this section. 

(s)  The prevailing party in any action brought under this section may be 

awarded court costs and attorney’s fees, if any. 

(t)  (1)  A person subject to a protective order under this section shall not 

own, possess, purchase, receive, or attempt to 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 of the Code of Civil Procedure. 

(3)  Every person who owns, possesses, purchases, or receives, or attempts 

to purchase or receive a firearm or ammunition while subject to a protective 

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order issued under this section is punishable pursuant to subdivision (g) of 

Section 12021 of the Penal Code. 

(4)  This subdivision shall not apply in a case in which the protective 

order issued under this section was made solely on the basis of financial