Policy Text
Policy
317Fremont Police Department
Civil Court Orders
317.1 PURPOSE AND SCOPE
To investigate all willful violations of civil court orders and enforce the order of the civil court. Civil
orders which pertain to domestic violence calls for service are outlined in the Domestic Violence
Policy Manual § 320 and will take precedence over procedures contained in this order. Also, to
establish a uniform procedure for investigation of civil court orders, thereby providing the means
to accomplish the effect intended by the issuing court.
317.2 PROCEDURES
A common situation arises when officers are shown a civil court order restraining and enjoining
particular persons from doing certain acts, and asked by the complainant to enforce the order of
the civil court. Penal Code § 166(a)(4) declares it to be a misdemeanor for any "willful disobedience
of the terms as written of any process or court order or out-of-state court order, lawfully issued by
any court, including orders pending trial." Penal Code § 273.6 makes it a misdemeanor to violate
a temporary restraining order or a protective order.
Confusion arises when the person to whom such a court order is directed is not conducting him/
herself in such a manner as to violate any of the common Penal Code sections but is creating a
situation requiring police attention. It is clear, however, that willful disobedience of a court order
is a misdemeanor. When such a misdemeanor occurs in the officer's presence, he/she has the
obligation to enforce the law.
These orders are often made in domestic relations matters, where emotions traditionally run high,
and where departmental policy is that arrest should not be made unless absolutely necessary.
The officer should remember that he/ she has the authority to arrest an individual violating a civil
court order, and use this knowledge as an additional tool in resolving this common problem.
Records personnel shall maintain a complete record of all civil court orders and proofs of service
received, as mandated by Family Code § 6380. Restraining Orders are now being entered by
the courts and an electronic copy of the restraining order can be obtained through CRIMS
under RPO. A court case number is required to obtain the electronic copy . This information
will be made available to officers responding to domestic violence calls, as well as any other
situation where the complaint indicates a court order is in effect. Court orders that deal solely with
child custody issues are not kept on file.
(a)The types of court orders maintained in the Records Unit and entered into CRIMS/
ROS (the State of California Department of Justice Restraining Order System) are:
1.Emergency Protective Order (EPO)
2.Order to Show Cause and Temporary Restraining Order (TRO)
3.Restraining Order After Hearing (OAH)
4.Restraining Order - Juvenile
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5.Order to Show Cause (Harassment of Employee) and Temporary Restraining
Order
6.Protective Order in Criminal Proceeding - Criminal Protective Order
7.Out of State Domestic Violence Protective Orders registered in California with
the court clerk.
(b)Upon initial receipt of any of the above court orders, Records or desk personnel will
review and accept the court order per written procedures on file at the resource desk.
After review and acceptance, the order should be placed in the "Pending Restraining
Order" tray in the Records Unit.
(c)Records personnel will enter the required information into the State of California
Department of Justice Restraining Order System (ROS), if needed. Most of the orders
are entered by the court. Entry requirements for ROS are listed in restraining order
written procedures on file in the Records Unit.
(d)Electronic copies of court orders may be found in CRIMS using the court case number.
317.3 ENFORCING CIVIL COURT ORDERS
Officers shall verify and enforce restraining orders. Whenever a complainant advises of the
existence of a restraining order, the officer shall ascertain:
(a)Whether a restraining order is on file with the Department, or whether complainant has
a certified copy of the restraining/protective order in his/her possession, or whether
the order can be verified through the Department of Justice Restraining Order System
(ROS) (Family Code § 6380).
(b)Whether a restraining order is still valid as to duration/time.
1.Restraining orders expire on the expiration date listed.
2.If there is no expiration date on a civil protective order, the order is valid three
years from the date of issuance, with the exception of permanent orders issued
pursuant to a divorce, which never expire.
3.An Emergency Protective Order is valid for five court days after the day of
issuance, but never longer than seven calendar days following the day of
issuance.
4.The duration of Criminal Protective/Stay-Away orders varies with each order.
(c)Whether the proof of service or prior notice exists or that the suspect was in court
when the order was made.
(d)The terms of the restraining order.
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317.4 GUIDELINES
The following guidelines are to assist officers in dealing with possible court order violations.
(a)Determine if any criminal acts have been or are being committed, and, if so, what
action, if any, the victim/complainant desires to initiate.
(b)If no criminal violations exist, examine the civil court order to ascertain what it is the