Policy Text
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Police Department General Orders
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5.3 Legal Process: Criminal Process
5.3.1 Restraining/Protective Order (Revised: 2/6/25 )
A. Restraining and Protective Orders
1. Emergency Protective Order (EPO)
a. Emergency protective orders are temporary restraining orders requested by
a peace officer from a Superior Court judge. An EPO prohibits the named
individual from:
(1) Contacting person(s) protected by the order
(2) Harassing, stalking, threatening or hurting person(s) protected by
the order
(3) Coming within a spec ified distance of person(s) protected by the
order or places they live or go regularly
(4) Remaining in a home that is shared with the protected person(s)
and/or
(5) Possessing guns, firearms or ammunition (see General Order
5.3.10, “Gun Violence Restraining/Protective Order”).
b. A judge is available 24/7 to sign off on EPOs.
c. Except for Gun Violence Emergency Protective Orders (GVEPOs), EPOs
are valid for five court days or seven business days after the date they are
issued, whichever comes fir st. GVEPOs remain in effect for 21 calendar
days after issuance.
d. A law enforcement officer who acts in good faith to enforce an EPO is not
civilly or criminally liable (Family Code § 6272(b)).
2. Criminal Protective Order (CPO)
a. A criminal protective order (CPO) may be issued by a Superior Court
judge against the defendant in a case for the protection of victims and
witnesses while a case is in progress or after sentencing if convicted.
b. Criminal protective orders instruct the defendant to not:
(1) Contact the person(s) protected by the order
(2) Harass, stalk, threaten or hurt persons protected by the order
(3) Come within a specified distance of people protected by the order
or places they live or go regularly
(4) Attempt to prevent a victim or w itness from going to or testifying
in court
(5) Attempt to learn the location/address of anyone protected by the
order and/or
(6) Possess guns, firearms or ammunition.
c. A CPO will be issued as either a Criminal Protective Order – Domestic
Violence (CR -160) or Criminal Protective Order – Other Than Domestic
Violence (CR -161).
University of California, San Francisco
Police Department General Orders
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d. A copy of a pre -trial CPO will be issued to the defendant in court, usually
at the first court date (arraignment).
e. Expiration date
(1) A pre -trial CPO will remain in effect until it is terminated by court
order or the end of the trial, whichever comes first.
(2) A post -conviction CPO will expire as specified on the order, up to
ten years after date of issuance.
(3) Criminal protective orders expire three years after da te of issuance
if no expiration date is specified.
3. Restraining Order
a. A restraining order requiring a named individual to stay away from
protected person(s), not harass or threaten protected person(s), cease a
course of action, follow a course of acti on and/or not possess firearms or
ammunition may be requested by an individual or peace officer from the
Superior Court,
b. Restraining orders for domestic violence, civil harassment,
elder/dependent adult abuse or gun violence may be valid for up to five
years and restraining orders for workplace violence or school violence for
up to three years.
B. Emergency Protective Order Request
1. An officer shall contact the judge on -call to request an EPO, asserting his/her
reasons for the believing an EPO is app ropriate.
2. Upon oral issuance of the order by the judge, the officer will document the
approval on the Judicial Council form provided and sign the order.
3. When the EPO is issued, the officer shall:
a. Serve a copy of the order on the restrained party if the party can be
reasonably located
b. Give a copy of the EPO to the protected party.
c. Forward a copy of the EPO to the SFPD ID Bureau for filing with the
court and entry into the California Restraini ng and Protective Order
System (CARPOS) as soon as practical after issuance.
(1) If the order is a gun violence EPO, it shall be forwarded to the
SFPD ID Bureau no more than three court days after issuance.
4. The officer who requested the EPO shall, whil e on duty, keep a copy of the order
in his/her possession.
C. Restraining Order Procedure
With the subject present, officers shall attempt to verify "proof of service" of a restraining
order. A records check shall be made to verify that the Department was provided with a
copy of the restraining order and the order was served on the subject. If it can be
determined that the subject violated the restraining order and he/she was served, he/she
should be arrested or cited for violation of the ord er.
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Police Department General Orders
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1. If the violation occurred outside of an officer's presence, the complainant may
make a citizen's arrest.
2. If a restraining order exists, but the officer cannot verify "proof of service," the
officer should:
a. Inform the subject of the existence and terms of the restraining order (i.e.,
advise the subject that he/she is now on notice regarding