Policy Text
Field Services Page 1 of 8 07/02 (REV 1/04)
Civil Disputes and Court Orders
The purpose of this order is to p rovide instructions for patrol services personnel
concerning the handling of civil di sputes and enforcement of co urt orders.
I. General
As used in this order, the term "civil dispute" means a disagre ement between or
among parties that does not involve the violation of a statute or ordinance
enabling immediate enfo rcement action. In such situations, the officer must
carefully evaluate the problem a nd clearly advise all parties c oncerned that
officers lack the authority to r esolve a civil matter and that the parties should
seek legal advice. Civil disputes may include the ownership of property, the bound ary of property or
contracts between or among parties.
II. Restraining Orders
When a complainant alleges disobedi ence of any process or order lawfully
issued or endorsed by any court o f the State of California, off icers should take
the following action:
A. Verify the existence of the order by requesting the complain ing party to
display a copy of the order, signed by the judge, specifying th e actions the
defendant/respondent is restrained from doing. The judge's nam e may
either be stamped or physically written. The order may also be stamped
by the court, "ENDORSED" or "FILED" with the date.
- OR -
B. If the complainant does not have a copy, the officer shall c ontact the
Records Section to ascertain t he existence of the order. The o fficer shall
ascertain all pertinent informa tion contained on the order rega rding the
judge's signature, date and actions the defendant/respondent is restrained
from doing.
C. Upon ascertaining the existenc e of the order, the officer sh all advise the
offending party of its contents to ensure awareness of the orde r and its
requirements. Such knowledge is an essential part of the corpu s delicti of
a violation of any such order.
Field Services Page 2 of 8 07/02 (REV 1/04) D. Disobedience of such an or der, with the defendant/respondent present,
after notification or service of the order on the defendant/res pondent
would clearly be a vi olation of 166.4 (or 273.6 P.C. for court orders
pertaining to Domestic Violence) occurring in the officer's pre sence. The
officer would be justified in m aking the arrest, or preferably, in accepting a
private person's arrest.
E. Disobedience of a Domestic Vi olence restraining order does n ot require a
private person's arrest. The defendant/respondent may be arres ted based
on probable cause at the location of the vi olation or at anothe r location.
F. Peace Officer's Authority to Arrest Under Warrant or Without Warrant
allows:
1. Any time a peace officer is c alled out on a domestic call, i t shall be
mandatory that the officer make a good faith effort to inform t he
victim of his or her right to mak e a citizen's arrest. This in formation
shall include advising the victim how to saf ely execute the arr est.
2. When a peace officer is respondi ng to a call alleging a viol ation of a
protective order pursuant to t he Penal Code or the Family Code,
and the peace officer has reasonabl e cause to believe that the
person against whom the order is issued has notice of the order
and has committed an act in viol ation of the order, the officer may
arrest the person without a warra nt and take that person into
custody whether or not the violat ion occurred in the presence o f the
arresting officer. T he officer shall, as soon as possible afte r the
arrest, confirm with the appropria te authorities that a true co py of
the protective order has been f iled, unless the victim provides the
officer with a copy of the protective order.
G. If the defendant/respondent leaves after either being read t he restraining
order contents or service of a cop y of the restraining order on the
defendant/respondent, the patrol offi cer shall call records and inform them
of the service. The patrol office r contacting records shall pro vide:
1. Location Of The Service
2. Plaintiff's Name
3. Plaintiff's Mailing Address
4. Defendant/Respondent's Name
5. Date Of Order
6. Expiration Date Of Order
7. Docket Number
Field Services Page 3 of 8 07/02 (REV 1/04) 8. Type Of Order
9. Date And Time Of Service
10. Serving Officer's Nam e And Badge Number
H. When clearing the call, the pat rol officer will add a notati on to the
Computer Aided Dispatch disposit ion that records was notified. The patrol
officer shall note in the dispos ition section of the Daily Acti vity Log, the
docket number and the initials o f the record clerk and the time that they
were notified.
III. Emergency Prot ective Orders
A. General
1. When an officer asserts reas onable grounds to believe that a
person is in immediate and pres ent danger of domestic violence
based harm, upon allegations of a recent incident of abuse or