Code Section Group

Family Code - FAM

DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460]

  ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. )

PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275]

  ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. )

CHAPTER 3. Duties of Law Enforcement Officer [6270 - 6275]
  ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 154. )

6270.
  

A law enforcement officer who requests an emergency protective order shall reduce the order to writing and sign it.

(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)

6271.
  

A law enforcement officer who requests an emergency protective order shall do all of the following:

(a) Serve the order on the restrained person, if the restrained person can reasonably be located.

(b) Give a copy of the order to the protected person or, if the protected person is a minor child, to a parent or guardian of the endangered child who is not a restrained person, if the parent or guardian can reasonably be located, or to a person having temporary custody of the endangered child.

(c) File a copy of the order with the court as soon as practicable after issuance.

(d) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice.

(Amended by Stats. 2013, Ch. 145, Sec. 1. (AB 238) Effective January 1, 2014.)

6272.
  

(a) A law enforcement officer shall use every reasonable means to enforce an emergency protective order.

(b) A law enforcement officer who acts in good faith to enforce an emergency protective order is not civilly or criminally liable.

(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)

6274.
  

A peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, may seek an emergency protective order relating to stalking under Section 646.91 of the Penal Code if the requirements of that section are complied with.

(Added by Stats. 1997, Ch. 169, Sec. 1. Effective January 1, 1998.)

6275.
  

(a) A law enforcement officer who responds to a situation in which the officer believes that there may be grounds for the issuance of an emergency protective order pursuant to Section 6250 of this code or Section 646.91 of the Penal Code, shall inform the person for whom an emergency protective order may be sought, or, if that person is a minor, the minor’s parent or guardian, provided that the parent or guardian is not the person against whom the emergency protective order may be obtained, that the person may request the officer to request an emergency protective order pursuant to this part.

(b) Notwithstanding Section 6250, and pursuant to this part, an officer shall request an emergency protective order if the officer believes that the person requesting an emergency protective order is in immediate and present danger.

(Amended by Stats. 2019, Ch. 115, Sec. 60. (AB 1817) Effective January 1, 2020.)

FAMFamily Code - FAM