Policy Text
Procedure
310Garden Grove Police Department
Procedures Manual
Copyright Lexipol, LLC 2022/06/27, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentDomestic Violence Procedures - 1Domestic Violence Procedures
310.1 PURPOSE AND SCOPE
This procedure will establish guidelines for handling temporary restraining orders and criminal
stay-away orders related to domestic violence cases.
310.2 COURT ORDER ENFORCEMENT PROCEDURES
310.2.1 TEMPORARY RESTRAINING ORDERS
When a complainant advises an officer of the existence of a temporary restraining order pertaining
to a suspect, the officer SHALL attempt to ascertain if such an order is valid. Once this is
established, the conditions of the order shall be enforced.
Before the violator of a temporary restraining order can be arrested under Section 273.6 of the
Penal Code, there must be proof that the suspect was served or is aware of the terms of the
restraining order.
Once an order is determined to be valid, officers SHALL affect an arrest when there is reasonable
cause to believe that the subject of the temporary restraining order has violated the order, and
one of the following conditions has been met (PC 836(c)(1):
(a)The existence of the order and proof of service on the suspect has been verified by
the officer;
(b)The complainant produces a copy of the order and the proof of service on the suspect,
each bearing the file stamp of the court;
1.Violators SHALL be booked on Penal Code Section 273.6 in addition to any other
criminal violations charged, such as assault and battery, trespass, mal/mischief;
2.The officer's report of the incident SHALL note the particular terms of the existing
court order which has been violated.
When an officer verifies that a restraining order exists but cannot verify proof of service, i.e., that
the subject has been notified of the restraining order, the officer SHALL:
(a)Inform the suspect of the fact that there is a restraining order against him and of the
terms;
(b)Admonish the suspect of the conditions of the order for which he/she is then put on
notice, and that continued violation of the order will result in his arrest;
(c)Initiate an incident report recording that the subject was advised of the terms of the
restraining order; the incident report will become proof of service with the department,
and the subject SHALL be arrested or cited for a subsequent violation of the order;
(d)Inform the offended party that a proof of service will be filed in conjunction with the
incident report and that if the suspect again violates the order, the responding officer
should be told that proof of service is on file; give the report number to the complainant
as documentation for future violations.
Garden Grove Police Department
Procedures Manual
Domestic Violence Procedures
Copyright Lexipol, LLC 2022/06/27, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentDomestic Violence Procedures - 2When the existence of a temporary restraining order cannot be verified by the department, and
the complainant cannot produce a copy and proof of service bearing file stamps of the court,
officers SHALL advise the complainant of his right to make a citizen's arrest when the basis for a
custodial arrest does not exist. If the complainant declines to make a citizen's arrest, the officer
shall initiate an incident report and provide the complainant with the report number. The officer
shall also obtain a signed waiver if the complainant does not choose to exercise his right to make
a citizen's arrest (GGPD Form 322).
310.2.2 CRIMINAL COURT STAY-AWAY ORDERS
A stay-away order is issued in a criminal case where the probability of victim intimidation exists. In
cases of domestic violence where the complainant advises an officer that a stay-away order has
been issued, the officer SHALL attempt to ascertain if such an order is on file.
(a)Request the victim to show a copy of the order. Victims are requested to carry the
order with them at all times.
(b)Verify that the suspect is still under the court's jurisdiction. Such orders remain in effect
during all related court proceedings including any sentence or probationary period
assessed by the court.
When the victim produces a copy of the order and proof that the order is valid has been verified,
officers SHALL affect an arrest if the suspect has violated any of the terms of the order. The police
report SHALL note the specific violations of the order and the victim is to be provided the report
number.
(a)Violation of a stay-away order is covered under Penal Code Section 166, Subdivision
4. Violators SHALL be booked.
(b)An act of victim intimidation relating to the court proceedings is a violation of Penal
Code Section 136.1. Violators SHALL be booked.
When the victim is not in possession of the stay-away order, officers may not be able to confirm
the order's validity.
(a)In such cases, officers SHALL initiate an incident report, and provide the complainant
with the report number.
(b)When the basis for a custodial arrest does not exist, officers SHALL advise the victim
of his right to make a citizen's arrest and obtain a signed waiver from the victim if they
do not choose to exercise the right to make a citizen's arrest.