The Service of Restraining/Protective Orders

Any law enforcement officer who is present at the scene of a reported domestic violence incident involving the parties listed in an temporary restraining order or emergency protective order will upon request of the petitioner serve such order on the respondent/defendant whether or not the respondent/defendant was taken into custody (Family Code § 6383(a).)

The petitioner will provide the officer with an endorsed copy of the order and a proof of service form that the officer shall complete and transmit to the issuing court (Family Code § 6383(b).)

If at the scene of a domestic violence incident a law enforcement officer learns that a protective order has been issued and the petitioner does not have a copy of the order, the law enforcement officer will inquire into the Department of Justice Domestic Violence Restraining Order System to verify the existence of the order. If a law enforcement officer determines that such an order exists but has not been served, the officer will immediately do the following:

Immediately inform the respondent/defendant about terms of the order
Advise the respondent/defendant to go to a local court to obtain a copy of the order containing the full terms and conditions of the order.

Domestic Violence Restraining Orders

Elder Abuse Restraining Orders

Harassment Restraining Orders

Workplace Violence Restraining Orders

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