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:
(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 or domestic
violence pursuant to Section 527.6 or 527.8 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.
(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.
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:
(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.
(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.
6381. (a) Notwithstanding Section 6380 and subject to subdivision
(b), an order issued under this part is enforceable in any place in
this state.
(b) An order issued under this part is not enforceable by a law
enforcement agency of a political subdivision unless that law
enforcement agency has received a copy of the order, or the officer
enforcing the order has been shown a copy of the order or has
obtained information, through the Domestic Violence Restraining Order
System maintained by the Department of Justice, of the contents of
the order, as described in subdivision (b).
(c) The data contained in the Domestic Violence Restraining Order
System shall be deemed to be original, self-authenticating,
documentary evidence of the court orders. Oral notification of the
terms of the orders shall be sufficient notice for enforcement under
subdivision (g) of Section 136.2 and Section 273.6 of the Penal Code.
6382. Each appropriate law enforcement agency shall make available
to any law enforcement officer responding to the scene of reported
domestic violence, through an existing system for verification,
information as to the existence, terms, and current status of an
order issued under this part.
6383. (a) A temporary restraining order or emergency protective
order issued under this part 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 domestic violence involving the parties to the
proceeding.
(b) The petitioner shall provide the officer with an endorsed copy
of the order and a proof of service that the officer shall complete
and transmit to the issuing court.
(c) It is a rebuttable presumption that the proof of service was
signed on the date of service.
(d) Upon receiving information at the scene of a domestic violence
incident that a protective order has been issued under this part, 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 inquire of
the Department of Justice Domestic Violence Restraining Order System
to verify the existence of the order.
(e) 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 and subdivision (g) of Section
12021 of the Penal Code.
(f) If a report is required under Section 13730 of the Penal Code,
or if no report is required, then in the daily incident log, the
officer shall provide the name and assignment of the officer
notifying the respondent pursuant to subdivision (e) and the case
number of the order.
(g) Upon service of the order outside of the court, a law
enforcement officer shall advise the respondent to go to the local
court to obtain a copy of the order containing the full terms and
conditions of the order.
(h) There shall be no civil liability on the part of, and no cause
of action for, false arrest or false imprisonment against any peace
officer who makes an arrest pursuant to a protective or restraining
order that is regular upon its face, if the peace officer in making
the arrest acts in good faith and has reasonable cause to believe
that the person against whom the order is issued has notice of the
order and has committed an act in violation of the order. If there is
more than one civil order regarding the same parties, the peace
officer shall enforce the order that was issued last. If there are
both civil and criminal orders regarding the same parties, the peace
officer shall enforce the criminal order issued last, subject to the
provisions of subdivisions (h) and (i) of Section 136.2 of the Penal
Code. Nothing in this section shall be deemed to exonerate a peace
officer from liability for the unreasonable use of force in the
enforcement of the order. The immunities afforded by this section
shall not affect the availability of any other immunity which may
apply, including, but not limited to, Sections 820.2 and 820.4 of the
Government Code.
6383. (a) A temporary restraining order or emergency protective
order issued under this part 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 domestic violence involving the parties to the
proceeding.
(b) The petitioner shall provide the officer with an endorsed copy
of the order and a proof of service that the officer shall complete
and transmit to the issuing court.
(c) It is a rebuttable presumption that the proof of service was
signed on the date of service.
(d) Upon receiving information at the scene of a domestic violence
incident that a protective order has been issued under this part, 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 inquire of
the Department of Justice Domestic Violence Restraining Order System
to verify the existence of the order.
(e) 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 Sections 273.6 and 29825 of the Penal Code.
(f) If a report is required under Section 13730 of the Penal Code,
or if no report is required, then in the daily incident log, the
officer shall provide the name and assignment of the officer
notifying the respondent pursuant to subdivision (e) and the case
number of the order.
(g) Upon service of the order outside of the court, a law
enforcement officer shall advise the respondent to go to the local
court to obtain a copy of the order containing the full terms and
conditions of the order.
(h) There shall be no civil liability on the part of, and no cause
of action for, false arrest or false imprisonment against any peace
officer who makes an arrest pursuant to a protective or restraining
order that is regular upon its face, if the peace officer in making
the arrest acts in good faith and has reasonable cause to believe
that the person against whom the order is issued has notice of the
order and has committed an act in violation of the order. If there is
more than one civil order regarding the same parties, the peace
officer shall enforce the order that was issued last. If there are
both civil and criminal orders regarding the same parties, the peace
officer shall enforce the criminal order issued last, subject to the
provisions of subdivisions (h) and (i) of Section 136.2 of the Penal
Code. Nothing in this section shall be deemed to exonerate a peace
officer from liability for the unreasonable use of force in the
enforcement of the order. The immunities afforded by this section
shall not affect the availability of any other immunity which may
apply, including, but not limited to, Sections 820.2 and 820.4 of the
Government Code.
6384. (a) If a person 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 person 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
thereon, but the person does not appear at the hearing either in
person or by counsel, and the terms and conditions of the restraining
order or protective order are identical to the temporary restraining
or emergency protective order, except for the duration of the order,
the restraining order or protective order 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.
(b) The judicial forms for orders issued under this part shall
contain a statement in substantially the following form:
"NO ADDITIONAL PROOF OF SERVICE IS REQUIRED IF THE FACE OF THIS
FORM INDICATES THAT BOTH PARTIES WERE PERSONALLY PRESENT AT THE
HEARING WHERE THE ORDER WAS ISSUED."
"IF YOU HAVE BEEN PERSONALLY SERVED WITH A TEMPORARY RESTRAINING
ORDER OR EMERGENCY PROTECTIVE ORDER AND NOTICE OF HEARING, BUT YOU DO
NOT APPEAR AT THE HEARING EITHER IN PERSON OR BY COUNSEL, AND A
RESTRAINING ORDER OR PROTECTIVE ORDER IS ISSUED AT THE HEARING WHICH
DOES NOT DIFFER FROM THE PRIOR TEMPORARY RESTRAINING ORDER OR
EMERGENCY PROTECTIVE ORDER, A COPY OF THE ORDER WILL BE SERVED UPON
YOU BY MAIL AT THE FOLLOWING ADDRESS ____. IF THAT ADDRESS IS NOT
CORRECT OR YOU WISH TO VERIFY THAT THE TEMPORARY OR EMERGENCY ORDER
WAS MADE PERMANENT WITHOUT SUBSTANTIVE CHANGE, CALL THE CLERK OF THE
COURT AT ____."
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."
6385. (a) Proof of service of the protective order is not required
for the purposes of Section 6380 if the order indicates on its face
that both parties were personally present at the hearing at which the
order was issued and that, for the purpose of Section 6384, no proof
of service is required, or if the order was served by a law
enforcement officer pursuant to Section 6383.
(b) The failure of the petitioner to provide the Department of
Justice with the personal descriptive information regarding the
person restrained does not invalidate the protective order.
(c) There is no civil liability on the part of, and no cause of
action arises against, an employee of a local law enforcement agency,
a court, or the Department of Justice, acting within the scope of
employment, if a person described in subdivision (g) of Section 12021
of the Penal Code unlawfully purchases or receives or attempts to
purchase or receive a firearm and a person is injured by that firearm
or a person who is otherwise entitled to receive a firearm is denied
a firearm and either wrongful action is due to a failure of a court
to provide the notification provided for in this chapter.
6385. (a) Proof of service of the protective order is not required
for the purposes of Section 6380 if the order indicates on its face
that both parties were personally present at the hearing at which the
order was issued and that, for the purpose of Section 6384, no proof
of service is required, or if the order was served by a law
enforcement officer pursuant to Section 6383.
(b) The failure of the petitioner to provide the Department of
Justice with the personal descriptive information regarding the
person restrained does not invalidate the protective order.
(c) There is no civil liability on the part of, and no cause of
action arises against, an employee of a local law enforcement agency,
a court, or the Department of Justice, acting within the scope of
employment, if a person described in Section 29825 of the Penal Code
unlawfully purchases or receives or attempts to purchase or receive a
firearm and a person is injured by that firearm or a person who is
otherwise entitled to receive a firearm is denied a firearm and
either wrongful action is due to a failure of a court to provide the
notification provided for in this chapter.
6386. (a) The court may, in its discretion, appoint counsel to
represent the petitioner in a proceeding to enforce the terms of a
protective order, as defined in Section 6218.
(b) In a proceeding in which private counsel was appointed by the
court pursuant to subdivision (a), the court may order the respondent
to pay reasonable attorney's fees and costs incurred by the
petitioner.
6387. The court shall order the clerk of the court to provide to a
petitioner, without cost, five certified, stamped, and endorsed
copies of any order issued under this part, and of an extension,
modification, or termination of the order.
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.
6388. A willful and knowing violation of a protective order, as
defined in Section 6218, is a crime punishable as provided by Section
273.6 of the Penal Code.
6389. (a) A person subject to a protective order, as defined in
Section 6218, shall not own, possess, purchase, or receive a firearm
while that protective order is in effect. Every person who owns,
possesses, purchases or receives, or attempts to purchase or receive
a firearm while the protective order is in effect is punishable
pursuant to subdivision (g) of Section 12021 of the Penal Code.
(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.
(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 application forms for protective orders adopted by the
Judicial Council and approved by the Department of Justice shall be
amended to 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. 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 used against the respondent under this section. If the local
law enforcement agency determines that the respondent is the legal
owner of any firearm deposited with the local law enforcement agency
and is prohibited from possessing any firearm, the respondent shall
be entitled to sell or transfer the firearm to a licensed dealer as
defined in Section 12071 of the Penal Code. If the firearm has been
stolen, the firearm shall be restored to the lawful owner upon his or
her identification of the firearm and proof of ownership.
(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.
(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.
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.
(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. 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.
(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.
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:
(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 or domestic
violence pursuant to Section 527.6 or 527.8 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.
(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.
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:
(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.
(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.
6381. (a) Notwithstanding Section 6380 and subject to subdivision
(b), an order issued under this part is enforceable in any place in
this state.
(b) An order issued under this part is not enforceable by a law
enforcement agency of a political subdivision unless that law
enforcement agency has received a copy of the order, or the officer
enforcing the order has been shown a copy of the order or has
obtained information, through the Domestic Violence Restraining Order
System maintained by the Department of Justice, of the contents of
the order, as described in subdivision (b).
(c) The data contained in the Domestic Violence Restraining Order
System shall be deemed to be original, self-authenticating,
documentary evidence of the court orders. Oral notification of the
terms of the orders shall be sufficient notice for enforcement under
subdivision (g) of Section 136.2 and Section 273.6 of the Penal Code.
6382. Each appropriate law enforcement agency shall make available
to any law enforcement officer responding to the scene of reported
domestic violence, through an existing system for verification,
information as to the existence, terms, and current status of an
order issued under this part.
6383. (a) A temporary restraining order or emergency protective
order issued under this part 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 domestic violence involving the parties to the
proceeding.
(b) The petitioner shall provide the officer with an endorsed copy
of the order and a proof of service that the officer shall complete
and transmit to the issuing court.
(c) It is a rebuttable presumption that the proof of service was
signed on the date of service.
(d) Upon receiving information at the scene of a domestic violence
incident that a protective order has been issued under this part, 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 inquire of
the Department of Justice Domestic Violence Restraining Order System
to verify the existence of the order.
(e) 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 and subdivision (g) of Section
12021 of the Penal Code.
(f) If a report is required under Section 13730 of the Penal Code,
or if no report is required, then in the daily incident log, the
officer shall provide the name and assignment of the officer
notifying the respondent pursuant to subdivision (e) and the case
number of the order.
(g) Upon service of the order outside of the court, a law
enforcement officer shall advise the respondent to go to the local
court to obtain a copy of the order containing the full terms and
conditions of the order.
(h) There shall be no civil liability on the part of, and no cause
of action for, false arrest or false imprisonment against any peace
officer who makes an arrest pursuant to a protective or restraining
order that is regular upon its face, if the peace officer in making
the arrest acts in good faith and has reasonable cause to believe
that the person against whom the order is issued has notice of the
order and has committed an act in violation of the order. If there is
more than one civil order regarding the same parties, the peace
officer shall enforce the order that was issued last. If there are
both civil and criminal orders regarding the same parties, the peace
officer shall enforce the criminal order issued last, subject to the
provisions of subdivisions (h) and (i) of Section 136.2 of the Penal
Code. Nothing in this section shall be deemed to exonerate a peace
officer from liability for the unreasonable use of force in the
enforcement of the order. The immunities afforded by this section
shall not affect the availability of any other immunity which may
apply, including, but not limited to, Sections 820.2 and 820.4 of the
Government Code.
6383. (a) A temporary restraining order or emergency protective
order issued under this part 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 domestic violence involving the parties to the
proceeding.
(b) The petitioner shall provide the officer with an endorsed copy
of the order and a proof of service that the officer shall complete
and transmit to the issuing court.
(c) It is a rebuttable presumption that the proof of service was
signed on the date of service.
(d) Upon receiving information at the scene of a domestic violence
incident that a protective order has been issued under this part, 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 inquire of
the Department of Justice Domestic Violence Restraining Order System
to verify the existence of the order.
(e) 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 Sections 273.6 and 29825 of the Penal Code.
(f) If a report is required under Section 13730 of the Penal Code,
or if no report is required, then in the daily incident log, the
officer shall provide the name and assignment of the officer
notifying the respondent pursuant to subdivision (e) and the case
number of the order.
(g) Upon service of the order outside of the court, a law
enforcement officer shall advise the respondent to go to the local
court to obtain a copy of the order containing the full terms and
conditions of the order.
(h) There shall be no civil liability on the part of, and no cause
of action for, false arrest or false imprisonment against any peace
officer who makes an arrest pursuant to a protective or restraining
order that is regular upon its face, if the peace officer in making
the arrest acts in good faith and has reasonable cause to believe
that the person against whom the order is issued has notice of the
order and has committed an act in violation of the order. If there is
more than one civil order regarding the same parties, the peace
officer shall enforce the order that was issued last. If there are
both civil and criminal orders regarding the same parties, the peace
officer shall enforce the criminal order issued last, subject to the
provisions of subdivisions (h) and (i) of Section 136.2 of the Penal
Code. Nothing in this section shall be deemed to exonerate a peace
officer from liability for the unreasonable use of force in the
enforcement of the order. The immunities afforded by this section
shall not affect the availability of any other immunity which may
apply, including, but not limited to, Sections 820.2 and 820.4 of the
Government Code.
6384. (a) If a person 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 person 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
thereon, but the person does not appear at the hearing either in
person or by counsel, and the terms and conditions of the restraining
order or protective order are identical to the temporary restraining
or emergency protective order, except for the duration of the order,
the restraining order or protective order 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.
(b) The judicial forms for orders issued under this part shall
contain a statement in substantially the following form:
"NO ADDITIONAL PROOF OF SERVICE IS REQUIRED IF THE FACE OF THIS
FORM INDICATES THAT BOTH PARTIES WERE PERSONALLY PRESENT AT THE
HEARING WHERE THE ORDER WAS ISSUED."
"IF YOU HAVE BEEN PERSONALLY SERVED WITH A TEMPORARY RESTRAINING
ORDER OR EMERGENCY PROTECTIVE ORDER AND NOTICE OF HEARING, BUT YOU DO
NOT APPEAR AT THE HEARING EITHER IN PERSON OR BY COUNSEL, AND A
RESTRAINING ORDER OR PROTECTIVE ORDER IS ISSUED AT THE HEARING WHICH
DOES NOT DIFFER FROM THE PRIOR TEMPORARY RESTRAINING ORDER OR
EMERGENCY PROTECTIVE ORDER, A COPY OF THE ORDER WILL BE SERVED UPON
YOU BY MAIL AT THE FOLLOWING ADDRESS ____. IF THAT ADDRESS IS NOT
CORRECT OR YOU WISH TO VERIFY THAT THE TEMPORARY OR EMERGENCY ORDER
WAS MADE PERMANENT WITHOUT SUBSTANTIVE CHANGE, CALL THE CLERK OF THE
COURT AT ____."
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."
6385. (a) Proof of service of the protective order is not required
for the purposes of Section 6380 if the order indicates on its face
that both parties were personally present at the hearing at which the
order was issued and that, for the purpose of Section 6384, no proof
of service is required, or if the order was served by a law
enforcement officer pursuant to Section 6383.
(b) The failure of the petitioner to provide the Department of
Justice with the personal descriptive information regarding the
person restrained does not invalidate the protective order.
(c) There is no civil liability on the part of, and no cause of
action arises against, an employee of a local law enforcement agency,
a court, or the Department of Justice, acting within the scope of
employment, if a person described in subdivision (g) of Section 12021
of the Penal Code unlawfully purchases or receives or attempts to
purchase or receive a firearm and a person is injured by that firearm
or a person who is otherwise entitled to receive a firearm is denied
a firearm and either wrongful action is due to a failure of a court
to provide the notification provided for in this chapter.
6385. (a) Proof of service of the protective order is not required
for the purposes of Section 6380 if the order indicates on its face
that both parties were personally present at the hearing at which the
order was issued and that, for the purpose of Section 6384, no proof
of service is required, or if the order was served by a law
enforcement officer pursuant to Section 6383.
(b) The failure of the petitioner to provide the Department of
Justice with the personal descriptive information regarding the
person restrained does not invalidate the protective order.
(c) There is no civil liability on the part of, and no cause of
action arises against, an employee of a local law enforcement agency,
a court, or the Department of Justice, acting within the scope of
employment, if a person described in Section 29825 of the Penal Code
unlawfully purchases or receives or attempts to purchase or receive a
firearm and a person is injured by that firearm or a person who is
otherwise entitled to receive a firearm is denied a firearm and
either wrongful action is due to a failure of a court to provide the
notification provided for in this chapter.
6386. (a) The court may, in its discretion, appoint counsel to
represent the petitioner in a proceeding to enforce the terms of a
protective order, as defined in Section 6218.
(b) In a proceeding in which private counsel was appointed by the
court pursuant to subdivision (a), the court may order the respondent
to pay reasonable attorney's fees and costs incurred by the
petitioner.
6387. The court shall order the clerk of the court to provide to a
petitioner, without cost, five certified, stamped, and endorsed
copies of any order issued under this part, and of an extension,
modification, or termination of the order.
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.
6388. A willful and knowing violation of a protective order, as
defined in Section 6218, is a crime punishable as provided by Section
273.6 of the Penal Code.
6389. (a) A person subject to a protective order, as defined in
Section 6218, shall not own, possess, purchase, or receive a firearm
while that protective order is in effect. Every person who owns,
possesses, purchases or receives, or attempts to purchase or receive
a firearm while the protective order is in effect is punishable
pursuant to subdivision (g) of Section 12021 of the Penal Code.
(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.
(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 application forms for protective orders adopted by the
Judicial Council and approved by the Department of Justice shall be
amended to 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. 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 used against the respondent under this section. If the local
law enforcement agency determines that the respondent is the legal
owner of any firearm deposited with the local law enforcement agency
and is prohibited from possessing any firearm, the respondent shall
be entitled to sell or transfer the firearm to a licensed dealer as
defined in Section 12071 of the Penal Code. If the firearm has been
stolen, the firearm shall be restored to the lawful owner upon his or
her identification of the firearm and proof of ownership.
(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.
(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.
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.
(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. 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.
(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.
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:
(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 or domestic
violence pursuant to Section 527.6 or 527.8 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.
(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.
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:
(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.
(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.
6381. (a) Notwithstanding Section 6380 and subject to subdivision
(b), an order issued under this part is enforceable in any place in
this state.
(b) An order issued under this part is not enforceable by a law
enforcement agency of a political subdivision unless that law
enforcement agency has received a copy of the order, or the officer
enforcing the order has been shown a copy of the order or has
obtained information, through the Domestic Violence Restraining Order
System maintained by the Department of Justice, of the contents of
the order, as described in subdivision (b).
(c) The data contained in the Domestic Violence Restraining Order
System shall be deemed to be original, self-authenticating,
documentary evidence of the court orders. Oral notification of the
terms of the orders shall be sufficient notice for enforcement under
subdivision (g) of Section 136.2 and Section 273.6 of the Penal Code.
6382. Each appropriate law enforcement agency shall make available
to any law enforcement officer responding to the scene of reported
domestic violence, through an existing system for verification,
information as to the existence, terms, and current status of an
order issued under this part.
6383. (a) A temporary restraining order or emergency protective
order issued under this part 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 domestic violence involving the parties to the
proceeding.
(b) The petitioner shall provide the officer with an endorsed copy
of the order and a proof of service that the officer shall complete
and transmit to the issuing court.
(c) It is a rebuttable presumption that the proof of service was
signed on the date of service.
(d) Upon receiving information at the scene of a domestic violence
incident that a protective order has been issued under this part, 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 inquire of
the Department of Justice Domestic Violence Restraining Order System
to verify the existence of the order.
(e) 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 and subdivision (g) of Section
12021 of the Penal Code.
(f) If a report is required under Section 13730 of the Penal Code,
or if no report is required, then in the daily incident log, the
officer shall provide the name and assignment of the officer
notifying the respondent pursuant to subdivision (e) and the case
number of the order.
(g) Upon service of the order outside of the court, a law
enforcement officer shall advise the respondent to go to the local
court to obtain a copy of the order containing the full terms and
conditions of the order.
(h) There shall be no civil liability on the part of, and no cause
of action for, false arrest or false imprisonment against any peace
officer who makes an arrest pursuant to a protective or restraining
order that is regular upon its face, if the peace officer in making
the arrest acts in good faith and has reasonable cause to believe
that the person against whom the order is issued has notice of the
order and has committed an act in violation of the order. If there is
more than one civil order regarding the same parties, the peace
officer shall enforce the order that was issued last. If there are
both civil and criminal orders regarding the same parties, the peace
officer shall enforce the criminal order issued last, subject to the
provisions of subdivisions (h) and (i) of Section 136.2 of the Penal
Code. Nothing in this section shall be deemed to exonerate a peace
officer from liability for the unreasonable use of force in the
enforcement of the order. The immunities afforded by this section
shall not affect the availability of any other immunity which may
apply, including, but not limited to, Sections 820.2 and 820.4 of the
Government Code.
6383. (a) A temporary restraining order or emergency protective
order issued under this part 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 domestic violence involving the parties to the
proceeding.
(b) The petitioner shall provide the officer with an endorsed copy
of the order and a proof of service that the officer shall complete
and transmit to the issuing court.
(c) It is a rebuttable presumption that the proof of service was
signed on the date of service.
(d) Upon receiving information at the scene of a domestic violence
incident that a protective order has been issued under this part, 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 inquire of
the Department of Justice Domestic Violence Restraining Order System
to verify the existence of the order.
(e) 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 Sections 273.6 and 29825 of the Penal Code.
(f) If a report is required under Section 13730 of the Penal Code,
or if no report is required, then in the daily incident log, the
officer shall provide the name and assignment of the officer
notifying the respondent pursuant to subdivision (e) and the case
number of the order.
(g) Upon service of the order outside of the court, a law
enforcement officer shall advise the respondent to go to the local
court to obtain a copy of the order containing the full terms and
conditions of the order.
(h) There shall be no civil liability on the part of, and no cause
of action for, false arrest or false imprisonment against any peace
officer who makes an arrest pursuant to a protective or restraining
order that is regular upon its face, if the peace officer in making
the arrest acts in good faith and has reasonable cause to believe
that the person against whom the order is issued has notice of the
order and has committed an act in violation of the order. If there is
more than one civil order regarding the same parties, the peace
officer shall enforce the order that was issued last. If there are
both civil and criminal orders regarding the same parties, the peace
officer shall enforce the criminal order issued last, subject to the
provisions of subdivisions (h) and (i) of Section 136.2 of the Penal
Code. Nothing in this section shall be deemed to exonerate a peace
officer from liability for the unreasonable use of force in the
enforcement of the order. The immunities afforded by this section
shall not affect the availability of any other immunity which may
apply, including, but not limited to, Sections 820.2 and 820.4 of the
Government Code.
6384. (a) If a person 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 person 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
thereon, but the person does not appear at the hearing either in
person or by counsel, and the terms and conditions of the restraining
order or protective order are identical to the temporary restraining
or emergency protective order, except for the duration of the order,
the restraining order or protective order 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.
(b) The judicial forms for orders issued under this part shall
contain a statement in substantially the following form:
"NO ADDITIONAL PROOF OF SERVICE IS REQUIRED IF THE FACE OF THIS
FORM INDICATES THAT BOTH PARTIES WERE PERSONALLY PRESENT AT THE
HEARING WHERE THE ORDER WAS ISSUED."
"IF YOU HAVE BEEN PERSONALLY SERVED WITH A TEMPORARY RESTRAINING
ORDER OR EMERGENCY PROTECTIVE ORDER AND NOTICE OF HEARING, BUT YOU DO
NOT APPEAR AT THE HEARING EITHER IN PERSON OR BY COUNSEL, AND A
RESTRAINING ORDER OR PROTECTIVE ORDER IS ISSUED AT THE HEARING WHICH
DOES NOT DIFFER FROM THE PRIOR TEMPORARY RESTRAINING ORDER OR
EMERGENCY PROTECTIVE ORDER, A COPY OF THE ORDER WILL BE SERVED UPON
YOU BY MAIL AT THE FOLLOWING ADDRESS ____. IF THAT ADDRESS IS NOT
CORRECT OR YOU WISH TO VERIFY THAT THE TEMPORARY OR EMERGENCY ORDER
WAS MADE PERMANENT WITHOUT SUBSTANTIVE CHANGE, CALL THE CLERK OF THE
COURT AT ____."
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."
6385. (a) Proof of service of the protective order is not required
for the purposes of Section 6380 if the order indicates on its face
that both parties were personally present at the hearing at which the
order was issued and that, for the purpose of Section 6384, no proof
of service is required, or if the order was served by a law
enforcement officer pursuant to Section 6383.
(b) The failure of the petitioner to provide the Department of
Justice with the personal descriptive information regarding the
person restrained does not invalidate the protective order.
(c) There is no civil liability on the part of, and no cause of
action arises against, an employee of a local law enforcement agency,
a court, or the Department of Justice, acting within the scope of
employment, if a person described in subdivision (g) of Section 12021
of the Penal Code unlawfully purchases or receives or attempts to
purchase or receive a firearm and a person is injured by that firearm
or a person who is otherwise entitled to receive a firearm is denied
a firearm and either wrongful action is due to a failure of a court
to provide the notification provided for in this chapter.
6385. (a) Proof of service of the protective order is not required
for the purposes of Section 6380 if the order indicates on its face
that both parties were personally present at the hearing at which the
order was issued and that, for the purpose of Section 6384, no proof
of service is required, or if the order was served by a law
enforcement officer pursuant to Section 6383.
(b) The failure of the petitioner to provide the Department of
Justice with the personal descriptive information regarding the
person restrained does not invalidate the protective order.
(c) There is no civil liability on the part of, and no cause of
action arises against, an employee of a local law enforcement agency,
a court, or the Department of Justice, acting within the scope of
employment, if a person described in Section 29825 of the Penal Code
unlawfully purchases or receives or attempts to purchase or receive a
firearm and a person is injured by that firearm or a person who is
otherwise entitled to receive a firearm is denied a firearm and
either wrongful action is due to a failure of a court to provide the
notification provided for in this chapter.
6386. (a) The court may, in its discretion, appoint counsel to
represent the petitioner in a proceeding to enforce the terms of a
protective order, as defined in Section 6218.
(b) In a proceeding in which private counsel was appointed by the
court pursuant to subdivision (a), the court may order the respondent
to pay reasonable attorney's fees and costs incurred by the
petitioner.
6387. The court shall order the clerk of the court to provide to a
petitioner, without cost, five certified, stamped, and endorsed
copies of any order issued under this part, and of an extension,
modification, or termination of the order.
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.
6388. A willful and knowing violation of a protective order, as
defined in Section 6218, is a crime punishable as provided by Section
273.6 of the Penal Code.
6389. (a) A person subject to a protective order, as defined in
Section 6218, shall not own, possess, purchase, or receive a firearm
while that protective order is in effect. Every person who owns,
possesses, purchases or receives, or attempts to purchase or receive
a firearm while the protective order is in effect is punishable
pursuant to subdivision (g) of Section 12021 of the Penal Code.
(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.
(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 application forms for protective orders adopted by the
Judicial Council and approved by the Department of Justice shall be
amended to 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. 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 used against the respondent under this section. If the local
law enforcement agency determines that the respondent is the legal
owner of any firearm deposited with the local law enforcement agency
and is prohibited from possessing any firearm, the respondent shall
be entitled to sell or transfer the firearm to a licensed dealer as
defined in Section 12071 of the Penal Code. If the firearm has been
stolen, the firearm shall be restored to the lawful owner upon his or
her identification of the firearm and proof of ownership.
(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.
(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.
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.
(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. 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.
(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.
