Restraining Orders
A. Application for Emergency Restraining Orders
Application for Domestic Violence Restraining Order
B. Family Code § 6303: Right to support at protective order hearing.
C. Family Code § 6218: Domestic violence protective orders.
D. Family Code §§ 6241 & 6250: Authorizes ex-parte telephonic emergency protective orders.
E. Family Code § 6320: Domestic violence protective orders.
F. Family Code § 6321: Domestic violence orders removing defendant/abuser from dwelling.
G. Penal Code § 136: Intimidation of victim or witness, definition of victim and witness.
H. Penal Code § 136.1: Makes it a crime to prevent or dissuade a victim or witness from testifying.
I. Penal Code § 136.2: Right to request a protective order where there is good cause to believe that a victim or witness may suffer from harm, intimidation or dissuasion by the defendant or any other person who comes before the court.
J. Penal Code § 136.2(f): Allows for court order requiring law enforcement to provide protection for victim or witness and immediate family.
K. Penal Code § 139: Makes it a crime to threaten with force or violence a victim or witness.
L. Penal Code § 140: Makes it a crime to use force or threaten to use force or violence on a victim or witness or their property because of assistance to law enforcement or prosecutor.
M. Penal Code § 166: Makes it a crime to willfully disobey a court order.
N. Penal Code § 646.91: Right to emergency protective order for stalking victims.
O. Penal Code § 1377: Prohibits civil compromise in misdemeanor cases involving violations of domestic violence protective orders.
P. Penal Code § 13710: Right to have law enforcement serve the offender with a restraining order at the scene of a domestic violence incident or anytime the offender is in custody.
