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Sample California Criminal Protection Order for Domestic Violence

Case File #:   CR-160

Jurisdiction:   California

Year Case Filed:   2008


Printible Version



SUPERIOR COURT OF CALIFORNIA, COUNTY OF                                            CR-160

STREET ADDRESS:                                                                                          DRAFT ONLY

MAILING ADDRESS:                                                                                                            FOR COURT USE ONLY

CITY AND ZIP CODE:                                                                                                                                                      

BRANCH NAME:                                                                                                                                                                              

PEOPLE OF THE STATE OF CALIFORNIA

                        vs.

DEFENDANT:

                                                                                                        

CRIMINAL PROTECTIVE ORDER — DOMESTIC VIOLENCE

(CLETS - CPO) (Pen. Code, §§ 136.2, 1203.097(a)(2), 273.5(i), and 646.9(k))

MODIFICATION

ORDER UNDER PENAL CODE § 136.2

ORDER UNDER: PENAL CODE § 646.9(k)

PROBATION CONDITION ORDER (Pen. Code, § 1203.097)

PENAL CODE § 273.5(i)             

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      This Order May Take Precedence over Other Conflicting Orders, See Item 1 on Page 2.

PERSON TO BE RESTRAINED (complete name):

Sex: M F Ht.: Wt.: Hair color: Eye color: Race: Age: Date of birth:

The defendant is a peace officer with Department:

1. This proceeding was heard on (date): at (time): in Dept.:        Room:          by judicial officer (name):

2. This order expires on (date):              If no date is listed, this order expires three years from the date of issuance.

3. Defendant was personally served with a copy of this order at the court hearing, and no additional proof of service of this order is required.

4. COMPLETE NAME OF EACH PROTECTED PERSON:

5. For good cause shown, the court grants the protected persons named above the exclusive care, possession, and control of the following animals:

GOOD CAUSE APPEARING, THE COURT ORDERS THAT THE ABOVE-NAMED DEFENDANT

6. must not harass, strike, threaten, assault (sexually or otherwise), follow, stalk, molest, destroy or damage personal or real property, disturb the peace, keep under surveillance, or block movements of the protected persons named above.

7. must surrender to local law enforcement or sell to a licensed gun dealer any firearm owned or subject to his or her immediate possession or control within 24 hours after service of this order and must file a receipt with the court showing compliance with this order within 48 hours of receiving this order.

8. must not attempt to or actually prevent or dissuade any victim or witness from attending a hearing or testifying or making a report to any law enforcement agency or person.

9. must take no action to obtain the addresses or location s of protected persons or their family members, caretakers, or guardian unless good cause exists otherwise.   The court finds good cause not to make the order in item 9.

10. must have no personal, electronic, telephonic, or written contact with the protected persons named above.

11. must have no contact with the protected persons named above through a third party, except an attorney of record.

12. must not come within_______ yards of the protected persons and animals named above.

13. may have peaceful contact with the protected persons named above only for the safe exchange of children for court-ordered visitation as stated in the attached Family, Juvenile, or Probate court order in Case No. , issued on (date):________ , as an exception to the “no-contact” or “stay-away” provision in paragraph 10, 11, or 12 of this order.

14. may have peaceful contact with the protected persons named above only for the safe exchange of children for visitation as stated in a Family, Juvenile, or Probate court order issued after the date this order is signed, as an exception to the “no-contact” or “stay-away” provision in paragraph 10, 11, or 12 of this order.

15. must not take, transfer, encumber, conceal, molest, attack, strike, threaten, harm, or otherwise dispose of the animals described in paragraph 5.

16. The protected persons may record any prohibited communications made by the restrained person.

17. Other orders including stay-away orders from specific locations:

______________________          ______________________                                                                                             

 Date                                              JUDICIAL OFFICER   Department/Division:

CRIMINAL PROTECTIVE ORDER—DOMESTIC VIOLENCE (CLETS - CPO)

(Penal Code, §§ 136.2, 1203.097(a)(2), 273.5(i), and 646.9(k).)

Form Adopted for Mandatory Use                                                                                                                                                                                                                 Page 1 of 2

Judicial Council of California                                                                                                                                                                                                Penal Code, §§ 136.2, 166

CR-160 [Rev. Jan. 1, 2009]                                                                                                                                                                                 1203.097(a)(2), 273.5(i), and 646.9(k)

www.courtinfo.ca.gov

 

 (Distribution: original to file; 1 copy to each protected person; 1 copy to defendant; 1 copy to prosecutor; 1 copy to law enforcement)

 

 

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