50585. (a) The program operator may seek, on its own behalf or on
behalf of other participants, project employees, or persons residing
within 100 feet of the program site, a temporary restraining order
and an injunction prohibiting abuse or program misconduct as provided
in this chapter. A program operator may not seek a temporary
restraining order, pursuant to this section, against a participant
after the participant has been under contract with the program
operator for at least six months or longer, except when an action is
pending against the participant or a temporary restraining order is
in effect and subject to further orders. Nothing in this section
shall be construed to authorize a person residing within 100 feet of
the program site to seek a temporary restraining order or injunction
under this chapter.
(b) Upon filing a petition for an injunction under this chapter,
the program operator may obtain a temporary restraining order in
accordance with the provisions of this section. No temporary
restraining order shall be issued without notice to the opposite
party, unless it shall appear from the facts shown by the affidavit
that great or irreparable harm would result to the program operator,
a program participant, or an individual residing within 100 feet of
the program site before the matter can be heard on notice. The
program operator or the program operator's attorney shall state in an
affidavit to the court (1) that within a reasonable time prior to
the application for a temporary restraining order he or she informed
the opposing party or his or her attorney at what time and where the
application would be made, (2) that he or she in good faith attempted
to so inform the opposing party and his or her attorney but was
unable to so inform the opposing attorney or his or her party,
specifying the efforts made to contact them, or (3) that for reasons
specified he or she should not be required to inform the opposing
party or his or her attorney.
A temporary restraining order may be granted upon an affidavit
which, to the satisfaction of the court, shows reasonable proof of
program misconduct or abuse by the participant, and that great or
irreparable harm would result. A temporary restraining order granted
under this section shall remain in effect, at the court's discretion,
for a period not to exceed five days, unless otherwise modified,
extended, or terminated by the court.
(c) The matter shall be made returnable on an order requiring
cause to be shown why the injunction should not be granted, not later
than five days from the date of the order. When the matter comes up
for hearing, the party who obtained the temporary restraining order
shall be ready to proceed and shall have personally served upon the
opposite party at least two days prior to the hearing, a copy of the
petition, a copy of the temporary restraining order, if any, the
notice of hearing, copies of all affidavits to be used in the
application, and a copy of any points and authorities in support of
the petition. If the party who obtained the temporary restraining
order is not ready, or if he or she fails to serve a copy of his or
her petition, affidavits, and points and authorities, as herein
required, the court shall dissolve the temporary restraining order.
The court may, upon the filing of an affidavit by the program
operator or his or her attorney, that the participant could not be
served on time, reissue any temporary restraining order previously
issued pursuant to this section and dissolved by the court for
failure to serve the participant. An order reissued under this
section shall state on its face the new date of expiration of the
order. No fees shall be charged for the reissuance of any order under
this section. The participant shall be entitled to a continuance,
provided that the request is made on or before the hearing date and
the hearing shall be set for a date within 15 days of the
application, unless the participant requests a later date. The court
may extend, or modify and extend, any temporary restraining order
until the date and time upon which the hearing is held. The
participant may file a response which explains, excuses, justifies,
or denies the alleged conduct. No fee shall be charged for the filing
of a response. At the hearing, the judge shall receive any testimony
or evidence that is relevant, and may make an independent inquiry.
If the judge finds by clear and convincing evidence that program
misconduct or abuse exists, an injunction shall issue prohibiting
that conduct. An injunction issued pursuant to this section shall
have a duration of not more than one year. At any time within the
three months before the expiration of the injunction, the program
operator may apply for renewal of the injunction by filing a new
petition for an injunction under this section.
(d) In addition to orders restraining abuse, the court may, upon
clear and convincing evidence of abuse, issue an order excluding the
participant from the program site, or restraining the participant
from coming within 200 feet of the program site, upon an affidavit
which, to the satisfaction of the court, shows clear and convincing
evidence of abuse of a project employee, another participant, or a
person who resides within 100 feet of the program site, by the
participant and that great or irreparable injury would result to one
of these individuals if the order is not issued. An order excluding
the participant from the program site may be included in the
temporary restraining order only in an emergency where it is
necessary to protect another participant, a project employee, or an
individual who lives within 100 feet of the project site from
imminent serious bodily injury.
(e) Nothing in this chapter shall preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
(f) The notice of hearing specified in subdivision (c) shall
contain on its face the name and phone number of an office funded by
the federal Legal Services Corporation which provides legal services
to low income persons in the county in which the action is filed. The
notice shall indicate that this number may be called for legal
advice concerning the filing of a response to the petition.
(g) Nothing in this chapter shall preclude the program operator's
right to utilize other existing civil remedies. An order issued under
this section shall not affect the rights of anyone not named in the
order.
50586. (a) The clerk shall transmit a copy of each temporary
restraining order or injunction or modification or termination
thereof, granted under this chapter, by the close of the business day
on which the order was granted, to the law enforcement agencies
having jurisdiction over the program site. Each law enforcement
agency may make available information as to the existence and current
status of these orders to law enforcement officers responding to the
scene of reported abuse or program misconduct.
(b) Any willful disobedience of any temporary restraining order or
injunction granted under this section shall be a misdemeanor
pursuant to Section 166 of the Penal Code.
(c) If a participant is found in contempt of a court order issued
pursuant to this section, the court may, in addition to any other
punishment, modify the order to exclude the participant from the
program site.
50587. If a participant has violated an order issued under Section
50585, the participant shall be considered to have failed to perform
the conditions of the agreement under which the property is held as
provided in subsection 3 of Section 1161 of the Code of Civil
Procedure, which conditions cannot afterward be performed.
50588. The Judicial Council shall promulgate forms and related
instructions to implement the procedures required by this chapter.
The petition and response forms shall be simple and concise.
50585. (a) The program operator may seek, on its own behalf or on
behalf of other participants, project employees, or persons residing
within 100 feet of the program site, a temporary restraining order
and an injunction prohibiting abuse or program misconduct as provided
in this chapter. A program operator may not seek a temporary
restraining order, pursuant to this section, against a participant
after the participant has been under contract with the program
operator for at least six months or longer, except when an action is
pending against the participant or a temporary restraining order is
in effect and subject to further orders. Nothing in this section
shall be construed to authorize a person residing within 100 feet of
the program site to seek a temporary restraining order or injunction
under this chapter.
(b) Upon filing a petition for an injunction under this chapter,
the program operator may obtain a temporary restraining order in
accordance with the provisions of this section. No temporary
restraining order shall be issued without notice to the opposite
party, unless it shall appear from the facts shown by the affidavit
that great or irreparable harm would result to the program operator,
a program participant, or an individual residing within 100 feet of
the program site before the matter can be heard on notice. The
program operator or the program operator's attorney shall state in an
affidavit to the court (1) that within a reasonable time prior to
the application for a temporary restraining order he or she informed
the opposing party or his or her attorney at what time and where the
application would be made, (2) that he or she in good faith attempted
to so inform the opposing party and his or her attorney but was
unable to so inform the opposing attorney or his or her party,
specifying the efforts made to contact them, or (3) that for reasons
specified he or she should not be required to inform the opposing
party or his or her attorney.
A temporary restraining order may be granted upon an affidavit
which, to the satisfaction of the court, shows reasonable proof of
program misconduct or abuse by the participant, and that great or
irreparable harm would result. A temporary restraining order granted
under this section shall remain in effect, at the court's discretion,
for a period not to exceed five days, unless otherwise modified,
extended, or terminated by the court.
(c) The matter shall be made returnable on an order requiring
cause to be shown why the injunction should not be granted, not later
than five days from the date of the order. When the matter comes up
for hearing, the party who obtained the temporary restraining order
shall be ready to proceed and shall have personally served upon the
opposite party at least two days prior to the hearing, a copy of the
petition, a copy of the temporary restraining order, if any, the
notice of hearing, copies of all affidavits to be used in the
application, and a copy of any points and authorities in support of
the petition. If the party who obtained the temporary restraining
order is not ready, or if he or she fails to serve a copy of his or
her petition, affidavits, and points and authorities, as herein
required, the court shall dissolve the temporary restraining order.
The court may, upon the filing of an affidavit by the program
operator or his or her attorney, that the participant could not be
served on time, reissue any temporary restraining order previously
issued pursuant to this section and dissolved by the court for
failure to serve the participant. An order reissued under this
section shall state on its face the new date of expiration of the
order. No fees shall be charged for the reissuance of any order under
this section. The participant shall be entitled to a continuance,
provided that the request is made on or before the hearing date and
the hearing shall be set for a date within 15 days of the
application, unless the participant requests a later date. The court
may extend, or modify and extend, any temporary restraining order
until the date and time upon which the hearing is held. The
participant may file a response which explains, excuses, justifies,
or denies the alleged conduct. No fee shall be charged for the filing
of a response. At the hearing, the judge shall receive any testimony
or evidence that is relevant, and may make an independent inquiry.
If the judge finds by clear and convincing evidence that program
misconduct or abuse exists, an injunction shall issue prohibiting
that conduct. An injunction issued pursuant to this section shall
have a duration of not more than one year. At any time within the
three months before the expiration of the injunction, the program
operator may apply for renewal of the injunction by filing a new
petition for an injunction under this section.
(d) In addition to orders restraining abuse, the court may, upon
clear and convincing evidence of abuse, issue an order excluding the
participant from the program site, or restraining the participant
from coming within 200 feet of the program site, upon an affidavit
which, to the satisfaction of the court, shows clear and convincing
evidence of abuse of a project employee, another participant, or a
person who resides within 100 feet of the program site, by the
participant and that great or irreparable injury would result to one
of these individuals if the order is not issued. An order excluding
the participant from the program site may be included in the
temporary restraining order only in an emergency where it is
necessary to protect another participant, a project employee, or an
individual who lives within 100 feet of the project site from
imminent serious bodily injury.
(e) Nothing in this chapter shall preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
(f) The notice of hearing specified in subdivision (c) shall
contain on its face the name and phone number of an office funded by
the federal Legal Services Corporation which provides legal services
to low income persons in the county in which the action is filed. The
notice shall indicate that this number may be called for legal
advice concerning the filing of a response to the petition.
(g) Nothing in this chapter shall preclude the program operator's
right to utilize other existing civil remedies. An order issued under
this section shall not affect the rights of anyone not named in the
order.
50586. (a) The clerk shall transmit a copy of each temporary
restraining order or injunction or modification or termination
thereof, granted under this chapter, by the close of the business day
on which the order was granted, to the law enforcement agencies
having jurisdiction over the program site. Each law enforcement
agency may make available information as to the existence and current
status of these orders to law enforcement officers responding to the
scene of reported abuse or program misconduct.
(b) Any willful disobedience of any temporary restraining order or
injunction granted under this section shall be a misdemeanor
pursuant to Section 166 of the Penal Code.
(c) If a participant is found in contempt of a court order issued
pursuant to this section, the court may, in addition to any other
punishment, modify the order to exclude the participant from the
program site.
50587. If a participant has violated an order issued under Section
50585, the participant shall be considered to have failed to perform
the conditions of the agreement under which the property is held as
provided in subsection 3 of Section 1161 of the Code of Civil
Procedure, which conditions cannot afterward be performed.
50588. The Judicial Council shall promulgate forms and related
instructions to implement the procedures required by this chapter.
The petition and response forms shall be simple and concise.
50585. (a) The program operator may seek, on its own behalf or on
behalf of other participants, project employees, or persons residing
within 100 feet of the program site, a temporary restraining order
and an injunction prohibiting abuse or program misconduct as provided
in this chapter. A program operator may not seek a temporary
restraining order, pursuant to this section, against a participant
after the participant has been under contract with the program
operator for at least six months or longer, except when an action is
pending against the participant or a temporary restraining order is
in effect and subject to further orders. Nothing in this section
shall be construed to authorize a person residing within 100 feet of
the program site to seek a temporary restraining order or injunction
under this chapter.
(b) Upon filing a petition for an injunction under this chapter,
the program operator may obtain a temporary restraining order in
accordance with the provisions of this section. No temporary
restraining order shall be issued without notice to the opposite
party, unless it shall appear from the facts shown by the affidavit
that great or irreparable harm would result to the program operator,
a program participant, or an individual residing within 100 feet of
the program site before the matter can be heard on notice. The
program operator or the program operator's attorney shall state in an
affidavit to the court (1) that within a reasonable time prior to
the application for a temporary restraining order he or she informed
the opposing party or his or her attorney at what time and where the
application would be made, (2) that he or she in good faith attempted
to so inform the opposing party and his or her attorney but was
unable to so inform the opposing attorney or his or her party,
specifying the efforts made to contact them, or (3) that for reasons
specified he or she should not be required to inform the opposing
party or his or her attorney.
A temporary restraining order may be granted upon an affidavit
which, to the satisfaction of the court, shows reasonable proof of
program misconduct or abuse by the participant, and that great or
irreparable harm would result. A temporary restraining order granted
under this section shall remain in effect, at the court's discretion,
for a period not to exceed five days, unless otherwise modified,
extended, or terminated by the court.
(c) The matter shall be made returnable on an order requiring
cause to be shown why the injunction should not be granted, not later
than five days from the date of the order. When the matter comes up
for hearing, the party who obtained the temporary restraining order
shall be ready to proceed and shall have personally served upon the
opposite party at least two days prior to the hearing, a copy of the
petition, a copy of the temporary restraining order, if any, the
notice of hearing, copies of all affidavits to be used in the
application, and a copy of any points and authorities in support of
the petition. If the party who obtained the temporary restraining
order is not ready, or if he or she fails to serve a copy of his or
her petition, affidavits, and points and authorities, as herein
required, the court shall dissolve the temporary restraining order.
The court may, upon the filing of an affidavit by the program
operator or his or her attorney, that the participant could not be
served on time, reissue any temporary restraining order previously
issued pursuant to this section and dissolved by the court for
failure to serve the participant. An order reissued under this
section shall state on its face the new date of expiration of the
order. No fees shall be charged for the reissuance of any order under
this section. The participant shall be entitled to a continuance,
provided that the request is made on or before the hearing date and
the hearing shall be set for a date within 15 days of the
application, unless the participant requests a later date. The court
may extend, or modify and extend, any temporary restraining order
until the date and time upon which the hearing is held. The
participant may file a response which explains, excuses, justifies,
or denies the alleged conduct. No fee shall be charged for the filing
of a response. At the hearing, the judge shall receive any testimony
or evidence that is relevant, and may make an independent inquiry.
If the judge finds by clear and convincing evidence that program
misconduct or abuse exists, an injunction shall issue prohibiting
that conduct. An injunction issued pursuant to this section shall
have a duration of not more than one year. At any time within the
three months before the expiration of the injunction, the program
operator may apply for renewal of the injunction by filing a new
petition for an injunction under this section.
(d) In addition to orders restraining abuse, the court may, upon
clear and convincing evidence of abuse, issue an order excluding the
participant from the program site, or restraining the participant
from coming within 200 feet of the program site, upon an affidavit
which, to the satisfaction of the court, shows clear and convincing
evidence of abuse of a project employee, another participant, or a
person who resides within 100 feet of the program site, by the
participant and that great or irreparable injury would result to one
of these individuals if the order is not issued. An order excluding
the participant from the program site may be included in the
temporary restraining order only in an emergency where it is
necessary to protect another participant, a project employee, or an
individual who lives within 100 feet of the project site from
imminent serious bodily injury.
(e) Nothing in this chapter shall preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
(f) The notice of hearing specified in subdivision (c) shall
contain on its face the name and phone number of an office funded by
the federal Legal Services Corporation which provides legal services
to low income persons in the county in which the action is filed. The
notice shall indicate that this number may be called for legal
advice concerning the filing of a response to the petition.
(g) Nothing in this chapter shall preclude the program operator's
right to utilize other existing civil remedies. An order issued under
this section shall not affect the rights of anyone not named in the
order.
50586. (a) The clerk shall transmit a copy of each temporary
restraining order or injunction or modification or termination
thereof, granted under this chapter, by the close of the business day
on which the order was granted, to the law enforcement agencies
having jurisdiction over the program site. Each law enforcement
agency may make available information as to the existence and current
status of these orders to law enforcement officers responding to the
scene of reported abuse or program misconduct.
(b) Any willful disobedience of any temporary restraining order or
injunction granted under this section shall be a misdemeanor
pursuant to Section 166 of the Penal Code.
(c) If a participant is found in contempt of a court order issued
pursuant to this section, the court may, in addition to any other
punishment, modify the order to exclude the participant from the
program site.
50587. If a participant has violated an order issued under Section
50585, the participant shall be considered to have failed to perform
the conditions of the agreement under which the property is held as
provided in subsection 3 of Section 1161 of the Code of Civil
Procedure, which conditions cannot afterward be performed.
50588. The Judicial Council shall promulgate forms and related
instructions to implement the procedures required by this chapter.
The petition and response forms shall be simple and concise.
