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Legal Statutes: California

UPDATED April 11, 2017

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Part 3. Emergency Protective Orders

back to top CHAPTER 3. Duties of Law Enforcement Officer, Secs. 6270-6275

6270. A law enforcement officer who requests an emergency protective order shall reduce the order to writing and sign it.

6271. Duties of officer who requested order

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.


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.

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.

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, his or her parent or guardian, provided that the parent or guardian is not the person against whom the emergency protective order may be obtained, that he or she 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.
Sec. 6270 -  Added by Stats 1993 ch 219 § 154 (AB 1500).

Sec. 6271 -  Added by Stats.1993, c. 219 (A.B.1500), § 154. Amended by Stats.2013, c. 145 (A.B.238), § 1.

Sec. 6272 -  Added by Stats 1993 ch 219 § 154 (AB 1500).

Sec. 6274 -  Added by Stats 1997 ch 169 § 1 (AB 350).

Sec. 6275 -   Added by Stats 2006 ch 479 § 1 (AB 2139), effective January 1, 2007.