Free CR-161 2009-07-01.ofm - California

CR-161 SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:
FOR COURT USE ONLY

PEOPLE OF THE STATE OF CALIFORNIA vs.
DEFENDANT:

CRIMINAL PROTECTIVE ORDER--OTHER THAN DOMESTIC VIOLENCE (CLETS - CPO) (Pen. Code, §§ 136.2 and 646.9(k))
ORDER UNDER PENAL CODE, § 136.2 PROBATION CONDITION ORDER (Pen. Code, § 136.2) ORDER UNDER PENAL CODE, § 646.9(k) PERSON TO BE RESTRAINED (complete name): Sex: M F Ht.: Wt.: Hair color: Eye color: Race: MODIFICATION

CASE NUMBER:

CLETS ENTRY BY:

Age:

Date of birth:

The defendant is a peace officer with 1. This proceeding was heard on (date): by judicial officer (name): 2. This order expires on (date): at (time):

Department: in Dept.: Room:

If no date is listed, this order expires three years from the date of issuance.

Defendant was personally served with a copy of this order at the court hearing, and no additional proof of service of this order 3. is required. 4. COMPLETE NAME OF EACH PROTECTED PERSON: GOOD CAUSE APPEARING, THE COURT ORDERS THAT THE ABOVE-NAMED DEFENDANT 5. 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. 6. 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. 7. 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. 8. must take no action to obtain the addresses or locations 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 8. 9. 10. 11. 12. must have no personal, electronic, telephonic, or written contact with the protected persons named above. must have no contact with the protected persons named above through a third party, except an attorney of record. must not come within yards of the protected persons named above. 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 9, 10, or 11 of this order. 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 9, 10, or 11 of this order. The protected persons may record any prohibited communications made by the restrained person.

13.

14.

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

Date:
JUDICIAL OFFICER Department/Division:

Form Adopted for Mandatory Use Judicial Council of California CR-161 [Rev. July 1, 2009] Approved by Department of Justice

CRIMINAL PROTECTIVE ORDER--OTHER THAN DOMESTIC VIOLENCE (CLETS - CPO) (Penal Code, §§ 136.2 and 646.9(k).)

Page 1 of 2 Penal Code, §§ 136.2 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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CR-161

WARNINGS AND NOTICES
1. VIOLATION OF THE ORDER IS SUBJECT TO CRIMINAL PROSECUTION. Violation of this protective order may be punished as a felony, a misdemeanor, or contempt of court. 2. NOTICE REGARDING FIREARMS. Any person subject to a protective order is prohibited from owning, possessing, purchasing or attempting to purchase, receiving or attempting to receive, or otherwise obtaining a firearm. Such conduct is subject to a $1,000 fine and imprisonment. The person subject to these orders must relinquish any firearms and not own or possess any firearms during the period of the protective order. Under federal law, the issuance of a protective order after hearing will generally prohibit the restrained person from owning, accepting, transporting, or possessing firearms or ammunition. A violation of this prohibition is a separate federal crime. (Pen. Code, § 136.2(d).) 3. ENFORCING THIS ORDER IN CALIFORNIA · This order must be enforced in California by any law enforcement agency that has received the order or is shown a copy of the order or has verified its existence on the California Law Enforcement Telecommunications System (CLETS).
·

Law enforcement must determine whether the restrained person had notice of the order. If notice cannot be verified, law enforcement must advise the restrained person of the terms of the order and, if the restrained person fails to comply, must enforce it. (Code Civil Proc., § 527.6.)

4. EFFECTIVE DATE AND EXPIRATION DATE OF ORDERS · These orders are effective as of the date they were signed by a judicial officer. · These orders expire as explained in item 2 on the reverse. · Orders under Penal Code section 136.2 are valid as long as the court has jurisdiction over the case. They are not valid after imposition of a state prison commitment. (See People v. Stone (2004) 123 Cal.App.4th 153.) · Orders under Penal Code section 646.9 are valid for up to 10 years and may be issued by the court whether the defendant is sentenced to state prison or county jail or if imposition of sentence is suspended and the defendant is placed on probation. (Pen. Code, § 646.9(k).) · To terminate this protective order, use form CR-165, Notice of Termination of Protective Order in Criminal Proceeding (CLETS). 5. CHILD CUSTODY AND VISITATION · Child custody and visitation orders may be established or modified in Family, Juvenile, or Probate court. · Unless box 13 on page 1 is checked, contact between the restrained and protected persons permitted by a Family, Juvenile, or Probate court order for child custody or visitation must not conflict with the provisions of this order. · If box 12 or 13 on page 1 is checked, the restrained and protected persons should always carry a certified copy of the most recent child custody or visitation order issued by the Family, Juvenile, or Probate court.

CR-161 [Rev. July 1, 2009]

CRIMINAL PROTECTIVE ORDER--OTHER THAN DOMESTIC VIOLENCE (CLETS - CPO) (Penal Code, §§ 136.2 and 646.9(k).)

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