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GENERAL ORDER #17.09 1 DOMESTIC VIOLENCE AND PROTECTION ORDERS GENERAL ORDER #17.09 Adopted: 07/07/2010 Updated: 02/22/2010 Replaces: G.O. # 17.09 dated 4/15/08 Reviewed: 02/22/2010 ****************************************************************************** POLICY The Santa Clara County Sheriff’s Office recognizes that domestic violence is a serious community problem, and will respond to acts of domestic violence as crimes. Victims of domestic violence will be treated with respect and dignity and will be given assistance by law enforcement personnel responding to an incident of domestic violence, and referred to other sources of assistance and support. DEFINITIONS A. “Domestic Violence” is abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, a person with whom the suspect has had a child or is having or has had a dating or engagement relationship. Domestic Violence also includes abuse committed against a child in the family or a child who is the subj ect of an action under the Uniform Parentage Act. B. “Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or another. C. “Victim” means a person who is a victim of domestic violence. D. “Pro-Arrest Policy” refers to an enforcement policy in which physical arrest shall be made in every situation where an arrest is legally permissible; absent exigent circumstances. E. “Depu ty” means any sworn member of the Sheriff’s Office. GENERAL ORDER #17.09 2 F. “Restraining Order” is an order which requires a person to refrain from doing a particular act or acts. It is issued by the Superior Court, with or without notice to the person who is to be restraine d. A restraining order remains in effect for a set period of time which is stated on the face of the order. If no time period is stated on the face of the order, the effective time period is 5 years. G. “Temporary Restraining Order” is a type of restrai ning order which requires a person to refrain from doing a particular act or acts. It is issued by the Superior Court, with or without notice to the person who is to be restrained. A temporary restraining order will remain in effect until a formal court hearing can be held. H. “Domestic Violence Order” is a type of restraining order which is issued pursuant to the Domestic Violence Prevention Act, (Family Code Sections 6200 -6389), or the Uniform Parentage Act (Family Code Sections 7710 and 7720), Domesti c Violence Protection Act (Family Code Sections 6200 -6389) or in connection with a dissolution, legal separation or annulment (Family Code Sections 2045, 2047, and 2049). This includes all local Domestic Violence related orders from other states, counties and juvenile courts. I. “Stay Away Order” is a type of restraining order in a criminal or civil case involving domestic violence where there is a likelihood of harassment of the victim by the defendant. A Penal Code Stay Away Order may remain in effect as long as the defendant is under a court's jurisdiction, including any sentence, probationary or parole period. Stay Away Orders are issued pursuant to Penal Code Section 136.2 while a criminal prosecution is pending. Orders may also be issued pursuant to the Civil Harassment Prevention Act (Code of Civil Procedure Section 527.6), Workplace Violence Safety Act (Code of Civil Procedure Section 527.8), Uniform Parentage Act (Family Code Sections 7710 and 7720), or in connection with a dissolution, legal se paration, or annulment (Family Code Sections 2045, 2047, and 2049). Civil Restraining Orders may be issued for a maximum of 5 years. Restraining Orders may be issued for a maximum of 10 years pursuant to 646.9(h) PC. The Juvenile and Dependency Court ca n also issue restraininig orders pursuant to W&I Section 213.5 if the minor meets the qualifications listed under sections (a), (b) and (c) of this section. J. “Emergency Protective Order” (EPRO) is a type of restraining order issued by a Judge or Commiss ioner at any time, whether or not Court is in session. It is intended to function as a temporary restraining order if a person is in immediate and present danger of domestic violence or child abuse, or where a child is in immediate and present danger of being abducted by a parent or relative. It can also function as an order (when no custody order is in existence) determining temporary care and control of minor children of the above -described endangered person. The issuance of an EPRO is not precluded by an arrest. K. “Cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship (including same sex relationships ). GENERAL ORDER #17.09 3 Factors that may determine whether persons are cohabiting inc lude, but are not limited to: (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses