NCJ Number
172572
Journal
Law Enforcement Quarterly (May-July 1997) Volume: Issue: Dated: Pages: 5-8
Date Published
1997
Length
4 pages
Annotation
This article describes the various kinds of protective orders under California law that may be used in domestic violence cases, along with related enforcement procedures.
Abstract
California Family Code Section 6218 provides for the issuance of a "protective" order. Such an order may enjoin a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, destroying personal property, contacting by mail, or otherwise coming within a specified distance of or disturbing the other party and named family or household members. An order may exclude a party from the family dwelling or enjoin a party from any particular behavior the court specifies in order to enforce court orders issued. Violating a court order is a misdemeanor, with varying punishments. When there are repeated violations, however, a new offense may be charged as a felony if conviction can be obtained within 7 years of a prior conviction for the same behavior, or for a court order obtained pursuant to the Code of Civil Procedure, and where the new act involves violence or a credible threat of violence. This article also discusses the law and enforcement procedures related to harassment cases, the intimidation of victims and witnesses in pending cases, and restraining orders in dependent child cases. Discussed as well are firearm prohibitions in association with protective orders, arrest procedures for violators of restraining orders, and notification to defendants of the existence of a restraining order.