Emergency Protective Orders for Preventing Domestic Violence

Division 10, Part 3, Chapter 2 of the California Family Code deals with the issuance and effect of emergency protective orders for the prevention of domestic violence in this state.

Section 6250 authorizes a judicial officer to issue an ex parte emergency protective order where a law enforcement officer asserts reasonable grounds to believe any four specified instances of someone being in immediate and present danger of domestic violence.

Section 6250.3 states that an emergency protective order is valid only if it is issued by a judicial officer after making the findings required by law and pursuant to a specific request by a law enforcement officer.

Section 6250.5 allows a judicial officer to issue an ex parte emergency protective order to a peace officer if the issuance of that order is consistent with an existing memorandum of understanding between the college or school police department where the peace officer is employed and the sheriff or police chief of the city in whose jurisdiction the peace officer’s college or school is located, and that the peace officer asserts reasonable grounds to believe that there is a demonstrated threat to campus safety.

Section 6251 provides that an emergency protective order may only be issued if the judicial officer makes two specified findings.

Section 6252 specifies that an emergency protective order may include any of the five specific orders set forth in this section.

Section 6252.5 requires the court to order that any party enjoined pursuant to an order issued under this part be prohibited from taking any action to obtain the address or location of a protected party or a protected party’s family members, caretakers, or guardian, unless there is good cause not to make that order.

Section 6253 requires an emergency protective order to include four specified items, including two specified statements. There are also specified provisions for children.

Section 6254 specifies that the fact that the endangered person has left the household to avoid abuse does not affect the availability of an emergency protective order.

Section 6255 requires an emergency protective order to be issued without prejudice to any person.

Section 6256 states that an emergency protective order expires at the earlier of the two specified times.

Section 6257 says that, if an emergency protective order concerns an endangered child, the child’s parent or guardian who is not a restrained person, or a person having temporary custody of the endangered child, may apply to the court for a restraining order.