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Restraining Orders

Restraining Orders

 

A.  Application for Emergency Restraining Orders

            Application for Domestic Violence Restraining Order    

B.     Family Code § 6303: Right to support at protective order hearing.

C.     Family Code § 6218: Domestic violence protective orders.

D.     Family Code §§ 6241 & 6250: Authorizes ex-parte telephonic emergency protective orders.

E.      Family  Code § 6320: Domestic violence protective orders.

F.      Family Code § 6321: Domestic violence orders removing defendant/abuser from dwelling.

G.     Penal Code § 136: Intimidation of victim or witness, definition of victim and witness.

H.     Penal Code § 136.1: Makes it a crime to prevent or dissuade a victim or witness from testifying.

I.        Penal Code § 136.2: Right to request a protective order where there is good cause to believe that a victim or witness may suffer from harm, intimidation or dissuasion by the defendant or any other person who comes before the court.

J.       Penal Code § 136.2(f): Allows for court order requiring law enforcement to provide protection for victim or witness and immediate family.

K.    Penal Code § 139: Makes it a crime to threaten with force or violence a victim or witness.

L.      Penal Code § 140: Makes it a crime to use force or threaten to use force or violence on a victim or witness or their property because of assistance to law enforcement or prosecutor.

M.   Penal Code § 166: Makes it a crime to willfully disobey a court order.

N.    Penal Code § 646.91: Right to emergency protective order for stalking victims.

O.    Penal Code § 1377: Prohibits civil compromise in misdemeanor cases involving violations of domestic violence protective orders.

P.      Penal Code § 13710: Right to have law enforcement serve the offender with a restraining order at the scene of a domestic violence incident or anytime the offender is in custody.

 


 

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