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HomeMy WebLinkAbout09/05/2006, C9 - RESPONSE TO GRAND JURY REPORT ON DOMESTIC VIOLENCE RESTRAINING ORDERS councilMeng Sepp tember 5,2006 acEnbA Repoizt CITY O F SAN LUIS OBISPO FROM: Deborah Linden , Chief of Police SUBJECT: RESPONSE TO GRAND JURY REPORT ON DOMESTIC VIOLENCE RESTRAINING ORDERS CAO RECOMMENDATION Review the Police Chief's responses to the Grand Jury Report on domestic violence restraining orders and authorize the Mayor to sign a letter to the Presiding Judge of the San Luis Obispo County Superior Court concurring with the Police Chief's responses. DISCUSSION On June 4, 2006, the San Luis Obispo County Grand Jury produced a report titled, "Restraining Orders: Paper Thin Protection." The report outlines several areas of concern regarding domestic violence reporting and training, the issuance of restraining orders, and the enforcement of the firearms prohibition specified in most restraining orders. The report lists findings and recommendations that apply to all of the cities in the county, and several county agencies. California Penal Code §933(c) requires the governing body of the City and the head of the department named in the report issue responses to certain findings and recommendations to the Presiding Judge of the Superior Court. In this report on restraining orders, the Police Chief was directed to respond within 60 days (by August 9, 2006), and the Council within 90 days (by September 8, 2006). The Police Department reviewed the Grand Jury report and staff researched those areas applicable to the City. The Police Chief drafted responses to those findings and recommendations identified in the report and transmitted the responses to the Presiding Judge of the Superior Court in written memo form after review by the City Attorney's office. The Police Chief agreed with the findings that pertained to the City, and the recommendations suggested by the Grand Jury have already been implemented. The CAO recommends that Council review the Grand Jury report and the Police Chief's responses, and authorize a letter from the Mayor to the Presiding Judge of the San Luis Obispo County Superior Court concurring with the Police Chief's responses. A copy of the Grand Jury Report "Restraining Orders: Paper Thin Protection" and the Police Chief's responses to the report are attached to this agenda report. CONCURRENCES The City Attorney concurs with the CAO recommendation. Response to Grand Jury Report on Domestic Violence Restraining Orders Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ALTERNATIVES Should the Council either disagree with the Police Chief's responses, or wish to modify them, Council can direct the CAO to draft a separate response to the report for submission to the Presiding Judge of the Superior Court. ATTACHMENTS 1. Grand Jury Report"Restraining Orders: Paper Thin Protection" dated June 4, 2006. 2. Memo to Presiding Judge Roger Picquet dated August 7, 2006, containing Chief Linden's responses to the Grand Jury report. 3. Letter from Mayor Romero to Presiding Judge Picquet indicating Council's concurrence with Chief Linden's responses to the Grand Jury report. cq- � . ..., ATTACHMENT 1 Grand Jury P.O. Box 4910 San Luis Obispo, California 93403 June 4, 2006 Deborah Linden, Chief of Police City of San Luis Obispo Police Department 1042 Walnut at Santa Rosa San Luis Obispo,CA 93431 Dear Chief, The San Luis Obispo County Grand Jury has completed a review of "Restraining Orders:. Paper Thin Protection." The attached copy of the Grand Jury report is being provided to you two days in advance of its public release, as required by California Penal Code (PC) §933.05 (f), which states: A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity twoworking days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose.any contents of the report prior to the public release of the final report. Your attention is especially directed to the requirement that this report be kept confidential until its public release by the Grand Jury. California PC § 933.05 (c) also requires that the governing body of the public agency concerned shall respond to the findings and recommendations of the Grand Jury report within 60 days (or 90 days, whichever applies)from the above date. Please address your response directly to: Presiding Judge San Luis Obispo County Superior Court County Government Center San Luis Obispo, CA 94408. Should you have any questions, please contact the San Luis Obispo County Grand Jury at 805/781-5188. Respectfully, Hedy Damery Foreperson, 2005-06 Grand Jury e?-,3 ATTACHMENT 1 �P Grand Jury P.O. Box 4910 San Luis Obispo,California 93403 Dear Reader: Each year, at the end of its term, the Grand Jury is required to issue a final report of its investigations. Typically, this report is distributed in early July. This year the 2005-06 Grand Jury is producing a series of interim or mid-term reports that will also be included in the final report. This is our way of keeping the residents of San Luis Obispo County informed of its investigations, findings and the recommendations it has made to the agencies. In addition, this allows the agencies time to respond to the Grand Jury while that jury is still convened. We are pleased to enclose a copy of the grand jury interim report(s) listed below. If you have any comments or questions please address them to the Grand Jury at the address shown above. Anyone can obtain complete copy of reports by calling 805/781-5188 or by going to the Internet at: http://www.co.slo.ca.us/ and selecting `Grand Jury' or www.slocourts.net and selecting `Grand Jury' under INFORMATION. On the grand jury page, select the report you want to see. Residents of the county interested in serving on the Grand Jury should contact Superior Court Office of the Jury Commissioner at 805/788-7062. Hedy Damery, Foreperson 2005-06 Grand Jud report enclosed: 0 "Restraining Orders: Paper Thin Protection" ATTACHMENT 1 , RESTRAINING ORDERS "Paper Thin Protection" INTRODUCTION Victims of domestic violence need protection from those who may harm them. The court can issue restraining orders, which are designed to protect domestic violence victims from further abuse by perpetrators. The Grand Jury is concerned that these orders, without accompanying safeguards, may provide a false sense of security to victims and their children. Often they may increase the possibility of further abuse. To examine how effective restraining orders are in protecting victims of domestic violence, the Grand Jury looked at the problem from three perspectives: the victim's understanding of the seriousness of the crime; the District Attorney's responsibility for the prosecution of abusers; the role of law enforcement and the availability of resources in the community. The Grand Jury initiated this inquiry to determine whether this combination of efforts offers women and their children the protection they need to ward off future abuse or whether it may make them more vulnerable to continued domestic violence. ORIGIN A current grand jury inquiry of women's shelters in this county led to a concern about the plight of battered women and to an investigation of measures in place to protect them from the fear of continuing domestic violence. Although men may also become victims of abuse from a spouse or domestic partner, this report will be focusing on women and their children. To determine the degree of safety restraining orders provide, it is important to understand the different types of restraining orders, the procedures for obtaining restraining orders, the enforcement of these orders, how they actually protect victims, and community resources available to support victims and their families. AUTHORITY California Penal Code §925 states: "The grand jury shall investigate and report on the operations, accounts, and records of the officers, departments, or functions of the county including those operations, accounts, and records of any special legislative district or other district in the county Pg. 1 of 28 Gf ATTACHMENT y created pursuant to state law for which the officers of the county are serving in their ex officio capacity as officers of the districts." California Penal Code 025a states: "The grand jury may at any time examine the books and records of any incorporated city or joint powers agency located in the county. In addition to any other investigatory powers granted by this chapter, the grand jury may investigate and report upon the operations, accounts, and records of the officers, departments, functions, and the method or system of performing the duties of any such city or joint powers agency and make such recommendations as it may deem proper and fit." METHOD • To understand the role of the victim, the Grand Jury interviewed adult victims of domestic violence and reviewed current literature regarding domestic violence and its impact on children. • To understand the role of the legal systems in this process, the Grand Jury conducted a roundtable discussion with members of the Domestic Violence Task Force, (the Domestic Violence Investigator and the Victim Witness Program Director) and the directors and legal assistance teams from both county women's shelters. We also had an interview with the District Attorney of-San Luis Obispo County(DA). In addition, we reviewed the DA's protocols for the prosecutions of domestic violence crimes. (Bibliography#8). We also held an interview with a family law attorney who specializes in domestic violence cases. • To understand the role of the Probation Department in dealing with convicted domestic violence offenders, we interviewed a member of the San Luis Obispo County Probation Department. • To obtain a perspective on efforts aimed at batterers, we conducted an interview with the director of one of the abusers' group (Men Helping Men). • To understand the role of law enforcement in this process,the Grand Jury: ✓ surveyed all police and sheriff departments in this county regarding domestic violence restraining order enforcement procedures(Appendix A), Pg. 2 of 28 9— ATTACHMENT I ✓ reviewed police protocols for dealing with domestic violence incidents and with violations of existing restraining orders, ✓ checked on training courses available at Peace Officers Standards & Training commission(POST)and on the internet at httD://www.t)ost.ca.g-ov/tuininsz, ✓ examined California Law Enforcement Telecommunication System (CLETS) and Domestic Violence Restraining Orders System(DVROS) ✓ researched literature about recent changes in law enforcement procedures regarding arrests, firearms, and police discretionary powers, and ✓ reviewed current state legislation pertaining to recent changes in domestic violence protocols. NARRATIVE Definition of Domestic Violence: Domestic violence is defined as any type of physical abuse, including hitting, kicking, shoving, choking, hair pulling, throwing objects, sexual assault, breaking into a victim's house or workplace, and stealing or destroying a victim's property. Also under the rubric of domestic violence is verbal abuse which may include threatening harm or murder, defaming a victim's character to family, neighbors or employers, and harassing or obscene phone calls or emails. Other forms of abuse involve stalking and excessive controlling behavior, such as cutting off the use of the family car, checking accounts and credit cards as well as attempting to isolate the victim from relatives and friends. The Effects of Domestic Violence on Children: Domestic violence is a family matter. When incidents of violence are witnessed by children, a myriad of psychological and emotional effects can occur. • Children witnessing the violence may imitate the batterer and become aggressive in their behavior toward others. • Children may feel threatened when observing violence and assume the victim role in their own lives. • Children may become fearful and anxious with the perpetrator, believing they will be physically abused. Pg. 3 of 28 L4 9— ATTACHMENT 4 • Children may assume they are responsible for the abusive incidents and carry the guilt into later life. • Children may become the protector of the victim and be more at risk for physical abuse themselves. • Children may align with the battererand show hostility and/or disdain for the victim. • Children may suffer from sleep disturbances,nightmares and bed-wetting, thumb sucking and other regressive behavior., • Children may develop inappropriate social skills, become isolated and withdrawn. • Children may have problems in school due to lack of concentration. • Children.have even been maimed or killed by the batterer as a reprisal for a parent getting a restraining order. (See Bibliography) Children of families who have domestic violence incidents are required to be reported to county Child Welfare Services in accordance with California Penal Code 11166(i). Tynes of Restraining Orders: EMERGENCY PROTECTIVE ORDER(EPO) • Police officers respond to 911 calls to determine whether there is an immediate or present danger or a recent incident or threat of abuse. • Police officers can call a judge at any hour of the day or night to obtain an EPO. An EPO is a form of a no-contact or a peaceful contact order. • An EPO becomes enforceable when police inform the restrained party and provide the protected party with a copy of the order. • An EPO is valid for five court days or seven calendar days (whichever is shorter) until a hearing is held. (Appendix E,EPO) TEMPORARY RESTRAINING ORDER(TRO) • A victim applies to Family Court after submission of written affidavit stating reasonable proof of an act or threat of past domestic violence. • The court can make this ruling ex parte, i.e. without giving the alleged offender the opportunity to appear in the court and contest the order. • The court must schedule a full hearing within 20 days (the duration of the order). Pg. 4 of 28 9—� ATTACHMENT I • The order and notice of the hearing must be served on the restraining party for it to become enforceable, (Appendix C, TRO). ORDER AFTER HEARING(OAH) or PERMANENT RESTRAINING ORDER • After a full court hearing, the court may issue a permanent restraining order, termed an Order After Hearing, which can last up to three years and can be renewed. • If the restrained party appears at the hearing, he is considered to be served with the court's order. If not, the OAH may be extended, and a copy is mailed to the party's last known address. • If the OAH is different than the TRO, the restrained party must be personally served. • A lifelong restraining order may be granted anytime during the three years without new offenses. The victim need only state a continuing fear of the batterer. • Family Court, upon issuing a restraining order, may include child custody, child support, visitation orders, and property decisions. CRIMINAL PROTECTIVE ORDER(CPO) • Criminal Court can issue a CPO during prosecution and as.a condition of probation. • Copies of the CPO must be given to the victim, the defendant, local law enforcement, and the prosecutor. • Restraining orders issued as part of the defendant's condition of probation for a domestic violence-related crime expire when the probationary sentence ends (aminimum of three years). Application for Restraining Orders: Women's shelters are a source of help in this process. Bilingual brochures and Legal Assistance are available at both shelters to provide victims with information that can guide them through the reporting process. Once a victim has an EPO, she can apply to Family Court for a TRO. Help in this process can be obtained either from Legal Assistance, a private attorney, or by downloading forms from the Internet. After the judge signs the TRO, it is entered into a statewide database (CLETS) by 5:30 pm of that day. Copies of current orders are kept in the victim's possession at all times. Pg. 5 of 28 e9 _ 9 i ATTACHMENT I Terms and Conditions of Restraining Orders: The abuser may be ordered to maintain a specified distance from the victim. He may either have supervised visitation or no contact with his children, and he will be remanded to a 52-week batterers' program called"Men Helping Men",or another anger management program sponsored by the Probation Department. Those men who fail to attend are: reported to Probation for disciplinary action. Offenders must surrender all firearms within 24 hours of the receipt of the restraining orders and are expressly prohibited from purchasing guns during the duration of the orders. Violations.of Restraining Orders: Noncompliance with any terms of restraining orders is a crime. Violators can be arrested and brought into court. Minor violations can result in a sentence of community service and/or a fine.. Major violations can carry a $700 fine with 90 days in jail. If associated with criminal activity, violators can be charged as felons, fined up to $20,000 and may be sentenced up to ten years in prison. Law Enforcement Reporting of Domestic Violence Crimes: The Sheriffs Office and the police departments recognize the need for continuing training for dealing with domestic violence crimes. Training and updated information is available online, on CD-ROMs and in telecouises posted on the intemet. Officers are given Watch Briefings to keep them aware of recent changes in the law. Law enforcement must now submit a.report to Child Welfare Services anytime a child is in a home experiencing a domestic violence incident, whether they are present or not. Law enforcement officers are required to complete a Suspected Child Abuse Report (SCAR) including identifying information, type of domestic abuse and whether the child was present during the incident. Child Welfare Services, upon receiving a SCAR from law enforcement, will assign a social worker to make a complete assessment to determine if services are needed.. They will inform law enforcement as to the outcome using the Child Abuse Investigation Report and a letter to the mandated reporter. Pg. 6of28 t49_�� Issues and concerns regarding the use of these protocols that cannot be resolved on a case-by- case basis are brought to the DA's Domestic Violence Task Force. This Task Force is composed .. of representatives from various agencies and advocacy groups who meet periodically to share ideas and provide leadership. Medical Reporting of Domestic Violence Iniuries: As a.result of the Attorney General's Report, Keeping the Promise.(see Bibliography#6), a Blue Shield Foundation funded project, Medical Directions, Inc., is expanding its online training for physicians in California. This includes information that would assist them in their legal responsibility to report domestic violence incidents when victims seek treatment for injuries either privately or at a hospital emergency rooms or urgent care centers. Hospital and urgent care centers need to be aware of the importance of using proper codes to identify domestic violence victims and document their injuries with photographs. CONCLUSION Victims of domestic violence who have restraining orders can enhance their level of safety if the terms of the orders are strictly adhered to, and if law enforcement: and other community resources are properly utilized to support them. Victims with extended families to help them and batterers with steady jobs may be more likely to obey the terms of the orders. Abusers who understand the impact of their behavior on their children will be more apt to comply with their orders. All of these agencies, working together, may help domestic violence victims guard against further abuse. However, restraining orders offer no protection if batterers don't keep to `stay-away' distances, if they don't surrender their firearms, if visits with their children are not strictly supervised as ordered, if the abuser doesn't attend an anger management program or if the restraining orders are not understood by both parties. Violence can escalate if abusers become vindictive. Cultural and language difficulties and the shame associated with battering can prevent victims from reporting these crimes. Police and law enforcement's varying responses to domestic violence are also factors (Appendix A). In 2004, 138 women were murdered in California as a result of Pg. 7 of 28 ATTACHMENT I domestic disputes. It is not known how many of these women had restraining orders. Nevertheless, a false sense of security for a victim and her family can sometimes become a matter of life or death. FINDINGS Finding 1: Victims of domestic violence are often not well informed about resources and community support available to them. They are also reluctant to report incidents of abuse for fear of escalating violence, embarrassment, and/or possible separation from their children. Finding 2: Research shows the impact of domestic violence on children has a lasting effect in that such children have a strong tendency to experience"the cycle of violence" in their own adult relationships and/or become abusers themselves. (Bibliography#8) Finding 3: Arrests for domestic violence by law enforcement is inconsistent across law enforcement agencies. (Appendix A) Finding 4: Despite the law requiring firearms to be surrendered when an EPO is issued, this is not always done. (Appendix B,Tables 7 & 8). Finding 5: According to information provided to the Grand Jury, participants in counseling groups may go for several weeks without attending meetings before the Probation Department is notified. If a probationer fails to comply with the mandated number of sessions,he is returned to court for violation of probation,and an arrest warrant may be requested. Finding 6: A batterer who has been convicted of a domestic violence crime and is on probation has a Criminal Protective Order(CPO) preventing him from contact with the victim. When the terms of his probation expire and the CPO is no longer in effect, the Probation Department will conduct an assessment before recommending to the court whether he can be reunited with his family. Batterers with Family Court orders, however, are not assessed, and often repeat their violent actions after the victim takes him back. Pg. 8 of 28 ATTACHMENT 1 RECOMMENDATIONS Recommendation 1: Information about local resources and services for victims of domestic violence and their children should be disseminated widely through the use of public service announcements in local media outlets and placed on the county's web site. (Findings 1 & 2) Recommendation 2: Domestic violence training for law enforcement officers,dispatchers and first responders is readily available and needs to be considered an essential element in their training. (Finding 3) Recommendation 3: Training for law enforcement officers should include a heightened awareness of the need for EPOs,where appropriate, in handling incidences of domestic violence. (Appendix E). When issuing EPOS, law enforcement should distribute bilingual brochures describing the steps to be taken to ensure the safety of each party present at the scene. (Findings 1 &3) Recommendation 4: Law enforcement officers should make every effort to insure that batterers surrender their firearms, in accordance with federal and state law. (Finding 4) Recommendation 5: Batterers with stay-away orders from Family Court should be required to undergo a formal assessment prior to family reunification. (Finding 5) REQUIRED RESPONSES o The City of Arroyo Grande Police Department,Due 08/09/06 (Findings 1 &3 and Recommendations 2,3 & 4) o The Arroyo Grande City Council,Due 09/08/06(Findings 1&3 and Recommendations 2,3 & 4) o The City of Atascadero Police Department,Due 08/09/06 (Findings 1 & 3 and Recommendations 2,3& 4) o The Atascadero City Council,Due 09/08/06 (Findings 1 &3 and Recommendations 2,3 & 4) o The City of Grover Beach Police Department,Due 08/09/06 (Findings 1 &3 and Recommendations 2,3 & 4) o The Grover Beach City Council, Due 09/08/06 (Findings 1&3 and Recommendations 2, 3 & 4) o The City of Morro Bay Police Department, Due 08/09/06 (Findings 1 &3 and Recommendations 2,3 & 4) Pg. 9 of 28 9 _13 ATTACHMENT I o The Morro Bay City Council, Due 09/08/06 (Findings 1 & 3 and Recommendations 2,3 & 4) o The City of Pismo Beach Police Department,Due 08/09/06 (Findings 1 &3 and Recommendations 2,3 & 4) o The Pismo Beach City Council, Due 09/08/06 (Findings i & 3 and Recommendations 2, 3 & 4) o . The City of Paso Robles Police Department,Due 08/09/06 (Findings 1 & 3 and Recommendations 2,3 & 4) o The Paso Robles City Council,Due 09/08/06 (Findings 1 &3 and Recommendations 2, 3 & 4) o The City of San Luis Obispo Police Department,Due 08/09/06 (Findings 1 &3 and Recommendations 2,3 &4) o The San Luis Obispo City Council,Due 09/08/06 (Findings 1 &3 and Recommendations 2,3 & 4) o The County of San Luis Obispo Sheriffs Department,Due 08/09/06 (Findings 1 & 3 and Recommendations 2,3 &4) o The County of San Luis Obispo Probation Department, Due 08/09/06 (Finding 5 and Recommendation 5). o The County of San Luis Obispo Board of Supervisors, Due 09/08/06 (All Findings and Recommendations) Pg. 10 of 28 �g�y ATTACHMENT 1 BIBLIOGRAPHY 1. DO ARRESTS AND RESTRAINING ORDERS WORK? Eve and Carl Buzawa, Eds., Sage Publications, Inc., 1996. 2. RESTRAINING ORDERS CAN'T STOP THE MOST VIOLENT ABUSERS. Leslie Griffy, San Luis Obispo Tribune, Feb. 2006. 3. TIPS ON RESTRAINING ORDERS AND RECOGNIZING ABUSE. Leslie Griffy, San Luis Obispo Tribune, Feb. 2006. 4. DOMESTIC VIOLENCE RESTRAINING ORDERS (forms). Judicial Council of California,www/courtinfo.ca.gov,Revised July 2005. 5. INFORMATION ON DOMESTIC VIOLENCE RESTRAINING ORDERS AND COMMUNITY RESOURCES. Women's Shelter Program 6. KEEPING THE PROMISE: Victim Safety and Batterer Accountability. Attorney General's Task Force on Criminal Justice Response to Domestic Violence, June 2005. 7. DOMESTIC VIOLENCE PROTOCOL. Office of the District Attorney, San Luis Obispo County, May 2003. 8. GROWING FREE: A Manual for Survivors of Domestic Violence. Wendy Susan Deaton, MA, MFT and Michael Hertica, MS, NET, 1984. Pg. 11 of 28 � g -is ATTACHMENT I Appendix A 2004 Domestic Violence (DV) and Restraining Order (RO) Statistics for San Luis Obispo County Pg. 12 of 28 �g -/CP ATTACHMENT 1 m L - I NI p- 0EE sand Pe3eiodiooulun J m We odslgp sl j ueg M I cl` .9I z a .�I M I ti O J 'S c 9 C { 10 tZ Ir- salgoa osed N I C ' `o .s m� Iee ouow MIM �I N I r; N � sm 43e08 jena9 O I O N( 1p I I O d,I mN 00, g m c+� ►. c OPBOsely 8 m � m Owers o6auy M d' d` 1-z 44 a .9 .4 E 8 8 Q w wo z z z z z mL Z (9Va i m� c J = yHc >� QO � '° w «�- a2 cmc H COcis m NLU O J > I a Q 6 mo y� O (LI � o 0 U) v W � m 8m$ �� Cf X00c °° Uc ca 32a- 0CD N OLL E13 a �� ' m i om' k V > O t o- �' Q N� I Pg. 13 of 28 � 9-/7 ATTACHMENT 9 Appendix B Orders After Hearing (OAH) and Criminal Protective Orders (CPO) as listed in Domestic Violence Restraining Order System (DVROS) as of May 11 , 2004 and October 18, 2004 Pg. 14 of 28 ATTACHMENT �-d ae X XX X Xae X X X X N X X X ae R R*ae-.,t e,at mc'1rnNmW N000000000 h a 0 m p m C E ^ N N m J �p J � L C X X X X X X X O`T X X X X X X XXX X X X X aep p Q a cow m r^-1 P Y f 1�{"!^mill r c 7 o O P!C V^"R m N q �m LE' GQ NNi011(0l V NNCm 0G GG cif m ^ m> V N c Cr a RmQ W W't�'f c0'W 01'x'000^^elf NNS � 6� G C1 0_ 3 ^ 3L Q � V1 II Q h- 1.Nyypp11 W mcr1�p C]NNOP W r^QOI�fNm m LL N C O N rn^p N W m^ r m m OW C 71.0 .�-.:. � m N Mr O N 00 '?. m a o m A € W X.yeaeaeaeaeaeXXXXXXXXXXXXXXXXXXXXXaeXXXXXX at ►- m� p.n,mry.-W lnama�om ale vlPPN.-o W mmxrmP ryry ry�000 1p m N Oi m p p 4,4 m m m PI N--—---- ---—GCCOCCC OOOOO G C Ni &L ^ >> r y -� C C. $J¢ �NxmPQN'OOm m^,Na,bm^W�^mb�1 t�^NOmQCf NNPNOO O 3 do S N T H rn(Dp N P t7mrnYf 0 NNO ==MmCxlYm�-.nmt��m•-Nm0cO�'OPV NOm�pNO�. m m CDc7N ^•- [ -N0W Ol m c 0a ze eaR ataeXX:eaeXXXXXXXXo XXX; aY = C NmN W Nm W^OQx W Oxo^r 01�1r1mm YJQ thNt�l t�t�1N^r1P^ Cf m Q ^^ C! 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C6 r a c �• mEy _ ld W Y>an mGcd m c`o cmmm mmo m WmO� EY5m- Ix N` W, Pg. 16 of 28 ATTACHMENT I Appendix C Temporary Restraining Order and Notice of Hearing (Form DV-110) Pg. 17 of 28 ATTACHMENT � Temporary Restraining Order and Notice of Hearing To keepothei people from. seeing;hat you ebtered on. OName of person asking for protection(protected person): urforrin. .ease presstha CletiFThfs Fprtn txrttOn at th Protected person's address(drip this if you have a lawyer):(If you want ernf of tFe;form when tints. your address to be private,give a mailing address instead): City: State:_ Zip: Telephone number. Protected person's lawyer(if any):(Name,address,telephone number, Fig in coat nama and sneer address: and Slate Bar number): Superior Court of Callfomia,County of ORestrained person's name Clerk tgs In ease number. Description of that person:Sex: ❑ M ❑ F Height: Case Number: Weight._Race: Hair Color. Eye Color. Age:_ Date of Birth Olist the full names of all family or household members protected by this order. O4 Court Hearing Date fFecha de la Audlencla) Clerk will fill out section below. Name and address of court if different from above: Ec Date: Time: Dept.: Rm.: To the person in Q:At the hearing,the judge can make restraining orders that last for up to 3 years. The judge can also make other orders about your children,child support,spousal support,money,and property.At the hearing,you can tell the judge that you do not want the orders against you.Even if you do not attend the hearing, you rust obey the orders. Para la persona nombrada en20: En esta audiencia el juez puede hater que la orden de restricci6n sea vdlida hasta un mdrimo de 3 ad os. E juez puede tarnbien hater otras 6rdenes acerca de nidos,mauienci6n,dmero y propiedad. Si Usted se opone a estav 6rdenes,voya a la audiencia y digaselo al juez.Aunque no vaya a la audiencia,tiene que obedeeer estas 6rdenes. To the person in 0:At the heating,the judge will consider whether denial of any orders will jeopardize your safety and the safety of children for whom you are requesting custody visitation and child support. Safety concerns related to your financial needs and the children's will also be considered. 0 Temporary Orders(Orden•Temporales) Any orders made in this form end at the time of the court hearing in4Q,unless a judge extends them. Read this form carefully.All checked boxes 0 and items 10 and I1 are court orders. Todas las 6rdenes hechas en esta formularto terminardn en la fecha y hora de la audiencia en®,al mens que un juez las catenda.Lea este formulario con cuidado.Todas las cavillas marcadas H y articulo 10 son 6rdenes de la Corte. �d=cameraa cal a roman m oar Temporary Restraining Order DV-110,Paget d5 rae,eec. §Faos.Men AWM and Notice of Hearin (/CLETS—TRO '� Femilr Coca gn2o0r sera AexomgDCL 9l ) (Domestic Violence Prevention) Arnedm cep We,ma vnw.uscaffe ' m Pg. 18 of 28 a i ATTACHMENT I X Case Number: - Your name: O ❑ Personal Conduct Orders The person in Q2 must not do the following things to the protected people listed in1Q and 30 a. ❑ Harass,attack,strike,threaten,assault(sexually or otherwise),bit,follow,stalk,molest,destroy personal property,disturb the peace,keep under surveillance,or block movements b. ❑ Contact(either directly or indirectly),or telephone,or send messages or mail or e-mail ❑ Except for brief and peaceful contact as required for court-ordered visitation of children unless a criminal protective order says otherwise Peaceful written contact through a process server or another person to serve legal papers is allowed_and does not violate this order. O7 ❑ Stay-Away Order The person in Q2 must stay at least yards away firm; a. ❑ The person listed in d. ❑ The children's school or child ace b. ❑'The people listed in e. 11 Other(specify): _ a ❑ Home ❑Job ❑ Vehicle of person in Q O ❑ Move-Out Order Tae person in Q must take only personal clothing and belongings needed until the hearing and move out immediately from(address): O9 ❑ Child Custody and Visitation Order a ❑ You and the other parent must make an appointment for court mediation(address mrd phone number): b. ❑ Follow the orders listed in Form DV-140,which is attached to No Guns or Other Firearms The person in Q cannot own,possess,have.buy or try to buy,receive or try to receive,or in any other way get a gun or firemm. 8 Turn in or sell guns or firearms: The person in 02': • Must sell to a licensed gun dealer or turn in to police any guns or firearms that he or she has or controls. This must be done within 23 hours of receiving this order!. • Most bring a receipt to the court within 72 hours of receiving this order,to prove that guns and firearms have been tamed in or sold tz ❑ Property Control Until the hearing,only the person in Q can use,control,and possess the following property and things: na.sea.ur r.lam Temporary.Restraining Order Dv-110, Parzws and Notice of Hearing(CLETS=TRO) -� (Domestic Violence Prevention) Pg. 19 of 28 � 9�3 ATTACHMENT y Case Number: Your name: 13 ❑ Property Restraint If the people in 1)and 02 are married to each other or are registered domestic partners,they must not transfer,borrow against,sell,bide,or get rid of or destroy any property,except in the usual course of business or for necessities of life. In addition,each pawn must notify the other of any new or big expenses and explain them to the court 14 ❑ Record Unlawful Communications The person in1a)can record communications made by the person in Q2 that violate the judge's orders. iS No Fee to Notify If the sheriff or marshal serves this order,he or she will do it for free.. f8 O Other Orders(specify): 17 If the judge makes a restraining order at the hearing,which has the same orders as in this form,the person in Q will get a copy of that order by mail at his of her last known address.(Write resoWned person's address here): If this address is not correct,or to know if the orders were made permanent,contact the court. to ❑ lime for Service A g Someone 18 or over=not you or the other If you want to respond in writing,someone 18 or protected people—must personally"serve'a copy over—notu—must"serve'Form DV-120 an the of this order to the restrained person at least person in T then file it with the court at least days before the hearing. - .- - days before the heating. For help with Service or answering,read Form DV-210 or DV-540. Date: Judge(drJudicial Certificate ofCom pliance With VAWA This temporary protective order meets all Full Faith and Credit requirements of the Violence Against Women Act,18 U.S.C.§2265(1994)(VAWA)upon notice of the restrained person, This court has jurisdiction over the parties and the subject matter;the restrained person has been or will.be afforded notice and a timely opportunity to be heard as provided.by the laws of this jurisdiction. This order is valid and entitled to enforcement in all jurisdictions throughout the 50 United States,the District of Columbia,all tribal lands,and all U.S.territories,commonwealths,and possessions and shall be enforced as if it were an order of that jurisdictlon. Fl.a My 1.mos - --— TemporaryRestraining,Qrder - nw110, Paga3ds and Notice of Hearing(CLETS-TRO) 4 (Domestic Violence Prevention) Pg. 20 of 28 e9 -�S' ATTACHMENT A Case Number: Your name: Warnings and Notices to the Restrained Person p 19 If you do not obey this order,you can be arrested and charged with a crime. • It is a felony to take or hide a child in violation of this order. You can go to prison and/or pay a fine. • If you travel to another state or to tribal lands,or make the protected person do so,with the intention of disobeying this order.you can be charged with a federal crime. • If you do not obey this order,you can go to prison and/or pay a fine. OYou cannot have guns or firearms. ODYou cannot own,have,possess,buy or try to buy,receive or try to receive,or otherwise get a gun while the order is in effect. If you do,you can go to jail and pay a$1,000 fine. You must sell to a gun dealer or turn In to police any guns or firearms that you have or control. The judge will ask you for proof that you did so. If you do not obey this order,you can be charged with a mime Federal law says you cannot have guns or ammunition if you are subject to a restraining order made after a noticed hearing. 21 After You Have Been Served With a Restraining Order • Obey all the orders. • If you want to respond.fill out Form DV-120. Take it to the court clerk with the forms listed in item®. • File DV-120 and have all papers served on the protected person by the date listed in item to of this form. • At the hearing,tell the judge if you agree or disagree with the orders requested. • Even if you do not attend the hearing,the judge can make the restraining orders last for 3 years. ® Child Custody,Visitation,and Support Child Custody and Visitation: If you do not go to the hearing,the judge can make custody and visitation orders for your cbildrea without hearing you side. Child Support The judge can order child support based on the income of both parents. The judge can also have that support taken directly from you paycheck. Child support can be a lot of money,and usually you have to pay until the child is 18. File and serve a Financia!Srarement(FL,155)or an Income and Erpense Declarah'on(FL-150)so the judge will have information about your f nance& Otherwise,the court may make support orders without heating your ride. Spousal Support File and serve a Financial Slaremeni(FL-155)or an Income and Erpense Declaration (Fl,150)so the judge will have information about you finances. Otherwise,the court may make support orders without hearing your side. IleTre - FJ •W�y1 zm Temporary Restraining Order oV-tto, Fagsaas and Notice of Hearing(CLETS—TRO) -> (Dorr*WIc Violence Prevention) Pg. 21 of 28 -- ATTACHMENT 1 Case Number: Your name: Instructions for Law Enforcement OStart Date and End Date of Orders The start date is the date next to the judge's signature on page 3. The orders end on the hearing date on page 1 or the hearing date on Form DV-125,if attached. OArrest Required If Order Is Violated If an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed the orderthe officer must arrest the restrained person.(Pen.Code,§§836(c)(1), 13701(b).)A violation of the order may be a violation of Penal Code section 166 or 273.6. ONotice/Proof of Service . Law enforcement must fust determine if the restrained person had notice of the orders.if notice cannot be verified the restrained person must be advised of the terms of the orders.If the restrained person then fails to obey the orders,the officer must enforce them.(Fam.Code,§6383.) Consider the restrained person"served"(noticed)if: • The officer sees a copy of the Proof of Service or firms that the Proof of Service is on file or • The restrained person was at the restraining order hearing or was informed of the order by an officer(Fan. Code,§6383;Pea Code,§836(cx2).) An officer can obtain information about the contents of the order in the Domestic Violence Restraining Orders System(DVROS). (Fam.Code,§638l(bxc).) OIf the Protected Person Contacts the Restrained Person Even if the protected person invites or consents to contact with the restrained person,the orders remain in effect and must be enforced The protected person cannot be arrested for inviting or consenting to contact with the restrained person.The orders can be changed only by another court order.(Pen.Code,§ 13710(6).) O Child Custody and Visitation Custody and visitation orders are on Farm DV-140,items(3)and®. They are sometimes also written on additional pages or referenced in DV-140 or other orders that are not part of the restraining order. • Forms DV-100 and DV-105 are not orders Do not enforce them. OEnforcing the Restraining Order in California Any law enforcement officer in California who receives,sees,or verifies the orders on a paper copy,or on the California Law Enforcement Telecommunications System(CLEFS),or in an NCIC Protection Order File must enforce the orders. OConflicting Orders If a criminal restraining order(CR-160)conflicts with a civil restraining order(DV-110 or DV-130),enforce the criminal order.Even if the criminal order is older,the officer must still enforce it over the civil order.(Pen.Code, § 136.2(h).)Any nonconflicting terms of the civil restraining order remain in full force. Clerk's Cerli*ate I certify that this Temporary Restraining Order is a true and correct copy of the [seal) original on file in the court. Date: Clerk,by Deputy FW °° "265 Temporary Restraining Order DV-110, Pap5ds and Notice of Hearing(CLETS—TRO) Domestic Violence Prevention For your protectfon and privacy,please pressthe Print This Form Clear iiiForm button altreryou onus primeel tiro form. Clear This Form Pg. 22 Of 28 �9 a� ATTACHMENT 1 Appendix SUSPICIOUS INJURY REPORT (Form OES-920) Pg. 23 of 28 �q ATTACHMENT I GZkU:TVCF'S CFACE CF EMEAC£NCY S'UMCES a'< SUSPICIOUS INJURY REPORT d. 0420(1203) STATE CF CALIFCRNIA INFORMATION DISCLOSURE This form is for law enforcement use only and is confidential In accordance with Section 11163.2 of he Penal Code This tam algal notbedscosedexce tby kcal law enforcement agencies to those involved in the Investigation of the report or the enforcement of a criminal law implicated by this report In no case shall the person identified as a suspect be allowed access to the injured person's whereabouts,The person making this report shall not be required to alsclos,lusher identity to their employer(PC 11160). PartA: PATIENTWITHSUSPICIOUS INJURY. 1.PATIEMBNANE 4.2A R<L Ma10 2 SIRTH DATE 3 OErOER - A SV1=PrDNE NIt R ❑M ❑F I 4 PATIEWrGFEaDWOADDFEGG"rn®rMd QW1AR-NOPADmd CRY SON tip e.PASENTWEANa ENGIUSH 7.DATE ANDTAC OF INAIRY ❑Y ❑N-kYPolylagegeselsr Dam: lore: ❑1m ❑pm ❑thkoem 8 LDCATICN rAMPEfi9VOIEM r A.RT DD ArAVAL4EE-Check here d unkidwr ❑ I PCIENrSCWENISABOVrTFIEINCIDENT-MC[We NW1denpfpghtamapalabaigepas owpderddegeSCalrseo pre Irpay and he name3 or my persons vto may knew spout the NKMm. ❑A)OIIONALPA(ESATTACHED 10.NAR OF SA�ECr-pemlpedbypMpap90 11.RELATIONSNP TOPATIENT,IF ANY f2 Nl&IL70U8lWLR'Y DE8Ml`TICN-WU0e a alel desalPllon of physical Nldings end theIlialaeplosls. ❑/OCrtICNN.PACfBA7fACHEO P irtB:REWIRED-AGENCIES RECEIMMG PHONE AND WR 77M REPORIS mt ENFORCEAEMACENCYNOT EDBYPKINE0 wbyPC111= .u.DATEAADTMEREPORfm t11: T. ❑_ m❑pm te.NIPECFPEFSMFECEIVNOPHOMFEPCRTFMMLiao te.JOBTrRE A.PIONEMAEER ( ) 7g UWEKtltCE1EM A1BfCYf1ECEMWOLVirTEN REPOR 11riyl614'PCfitale 19 AGENCYW®EMNU.HA PMrtC:PERSON FILM REPORT M EAPLCIER9 NVR 21.PHCrENLMOM 7l.BAlDYERgADORESa dAem18 AW9erD Cry SUD ap 9.NME OF HEALTH PRACMICNER dkkNNid Lase 2e.JOB TmE 2e.HEALTH PRACrMCrERS SONATIRE - 28.DATE GIGWD Pg. 24 of 28 �� 1 ATTACHMENT I COAPIN RS CFFICE Cr ENEIC7JCY SERVICES "til SUSPICIOUS INJURY REPORT CE$'920(NEW 130) STATE OF CAUFCRNIA Instructions To The Health Practitioner Penal Code Section 11 160mandates the following regarding suspicious Injuries: • Internal procedures established to facilitate reporting and apprise supenAsors and administrators of reponsshall be consistent with the repotting requirements of PC Section 11160.The internal procedures shall not require any employee 40 tnust make a report to disclose his or her iderdftyto the employer. • Repon suspicious Injurles 10 your local law enforcement agency by telephone trrenediately,or as soon as practically possible • Submit the required conpleled written report to your local fawenforcement agency wthln two wdrklmJdays of dlacave&gr a suspkbax ln/ary,Mather or not: 1. The person has expired; 2. The Injury was a factor conlrlbuiing to the person's death;or 3. Evidence of the conduct d the perpetrator Is discovered during an autopsy. • Use this standard form or a loan,developed and adopted by another stale agency,that dherwlse fulfills the requirements of this fomr,(sea'Exceptlons to using this form'below). • Two or more health prat®toners with knowledge at a suspicious Injury may mutually seled a teem member to make the telephone report and one written report signed by the selected learnem mber know A team member who knothat the selected team.member has not made the telephone call or submitted the written report shag make the repon(s). • No supervisor or administrator shag impede or hlhU the required reporting duties,and no person madding a report pursuant to this section shag be subject to any sanction for maldng the report. Exceptions To Using This Form CUM state reporting mandates pre-erupt the use of this form to report suspicious Injuries,as follows: i Physical Chitd Abuse SS 8572 Call Caglania Department of Justice ad(916)227-3285. Dependent Adult/Elder Abuse -SOC 341 Orlftne:htio://www.dss.cahwrlet.ow,bdl/SOC341.odf orco dacf yaw focal Courcy Adult Protective Services Dept. Sexual Assault—Adult' OCJP 973•. Sexual Assault—Child' OCJP975' ONfnal.wwwoes.ra.am under Plans and Publications or call OES at(916)324.9100. OCJP 900' 'Use these forms to conduct a forensic examination d thevldim Otherwise,use this Suspicious Injury Report Ism. DeGNllons Health Pmcddcner—Provides medical services to a patient for a physical condition that he/Me reasonably suspects Is a suspicious Injurym listed bel*and Is empla/ed In a health facility,dWq physicians dflce,local or state public health department,or a clink or other type d facility operated by a local or state public health department Suspldous inptry—Includes any wound or other physical Injury that either was: • Inflicted by the injured person's own ad or by another where the injury is by means of a f hearrn,OR • Is suspected lobe the result of assaadNe orahaalve corid4d Inflicted upon the Injured person. k4wy—Shag not Include any psychological or physical condition brought about solely through the vdurdary adninlslrallon of a narcotic or reshlcfed dangerous drug. Assauf Iw/Abush is conduct—Includes committing,or an attempt to comnil,any of the following Penal Code violations: • Abuse of spouse or cohabitant • Assault with intent to commit • Murder . Shy • Agg'amlecimaynem mayhem,.rapa sodomy,or • Manslaughter • SPourl rape • Administer controlled sub oral ccpulagu7 Administering Mayhem Throadd Or ustic a concave stances a anesthetic to aid in • Battery Cral dation add or ceuSic chemical with the commission of a Worry • Child abuse or andan • Asssidt with a stun gun or (including Statutory Ra )pe Procuring with any female to have kora a irqure or disfigure sex with anther man • Torture laser Brier abue9 Flamm • AM WI with a deady weapon. • Inceet RapeSexualbatter firearm.assault w pm or . Lewd andlasavicus acts with - y madune.gen,a by means a child • Sexual penetrabcn likely t6 produce greet botlly injury Pg. 25 of 28 ATTACHMENT I Appendix E APPLICATION FOR EMERGENCY PROTECTIVE ORDER (Form 1295.90) Pg. 26 of 28 e ATTACHMENT I APPLICATION FOR EMERGENCY PROTECTIVE ORDER(CLETS) 1295.90 (Name): has provided the information in items 1-5. uw ENFORCEMEW CASE NWOER: 1. PERSON(S)TO BE PROTECTED(insert names of all persons to be protected by this order): 2. PERSON TO BE RESTRAINED(name): Sex:Q M Q F Ht:_WL:—Hair color:_Eye color:_ Race: Age:_ Date of birth: 3. The events that cause the protected person to fear Immediate and present danger of domestic violence,child abuse,child abduction,elder or dependent adult abuse,or stalking(including workplace violence or Civil harassment)are(give facts and dates.: 46ecifly weapons): 4. Q The person to be protected litres with the person to be restrained and requests an order that the restrained person move out Immediately from the address In Item 9. S. a Q The person to be protected has minor children In common with the person to be restrained,and a temporary custody order is requested because of the facts alleged in item 3. A custody order Q does Q does not exist. b. Q The person to be Protected Is a minor child in Immediate danger of being abducted by the person to be restrained because of the facts aneged in Item 3. 6. Q A child welfare worker or probation officerhas advised the undersigned that a juvenile Court petition Q w0 be filed. Q will NOT be filed. 7. Q Adult ProSeciNe Services has been ncdW. S. Phone can to(name of/rididat of oer): on(date): at(time): Q The judicial officer granted the Emergency Protective OMw Met follows. By: • .MRW NAME OF LAW EdURCEAGNT OFFMR) (SIGNATURE OF UW 94OROMENT OF EM Agency: Telephone No.: Badge No.: EMERGENCY PROTECTIVE ORDER 9. To restrained person(name): a Q You must not contact.molest.harass,attack,strike,threaten,sexually assault,batter,telephone,send any messages to, follow,stalk,destroy any personal property,orAisturb the peace of each person named In hem 1. b. Q You must Q stay away at least yards from each person named in from 1. Q stay away at least yards from Q move out immediately from (address): 10.Q (Name): Is given temporary care and control of the following mhor children of the parties(names and ages): 11.Reasonable grourds for the Issuance of this order exist and an emeige-ncy protective order Is necessary to prevent the occurrence or recurrence of domestic violence,child abuse,chill abduction,elder or dependent adult abuse.or stalking(including workplace violence or civil harassment). 12 THIS EMERGENCY PROTECTIVE ORDER WILL EXPIRE AT 5:00 P.M.ON: To protected person:If you creed protection for,a longer period of time,you must KSM DATE OF FFTR nwRr DAY OR SEVEmN request permanent protective orders at(court name and address): i" eoo r �wY �m 13.Person served(name): PROOF OF SERVICE 14.1 personally delivered copies tis the person served as follows: Date: Time: Address: 15.At the time of service I was at least 16 years of age and not a party to this cause. 16.My name,address,and telephone number are(this does not have to be server's home telephone number or address): Q Callfomla shertff or marshal I declare under penalty of perjury Linder the laws of the State of California that the foregoing is true and correct. Date. _ OWE OR WIwiN EOF SERVER .) (See reverse for important notx:es) (SIGNATURE OF SERVER) rim Arc ra of CWK uee EMERGENCY PROTECTIVE ORDER CLETS)- aTGROUP FM�VCAW592400M,. J590 W.J N 1.2D Pinel CoOe.5BM.91 ta>s.9D5Rw.,l,MMry,,axol (Domestic Violence,Child Abuse,Elder or "pendent ormd PUMigy APWm by DO,l Adult Abuse,Workplace Violence,CI4II Harassment) ORE aV1•W VWNL ONE MW W tMYNnW Orwn.ONE LNOY b nrotWWG F/wu.ONE em to"*q ft w Pg. 27 of 28 ATTACHMENT 1 EMERGENCY PROTECTIVE ORDER WARNINGS AND INFORMATION VIOLATION OF THIS ORDER IS A MISDEMEANOR PUNISHABLE BY A$1,000 FINE,ONE YEAR IN JAIL,OR BOTH,OR MAY BE PUNISHABLE AS A FELONY.PENAL CODE SECTION 12D21(g)PROHIBITS ANY PERSON SUBJECT TO A RESTRAINING ORDER FROM PURCHASING OR ATTEMPTING TO PURCHASE OR OTHERWISE OBTAIN A FIREARM.SUCH CONDUCT IS SUBJECT TO A 51,000 FINE AND IMPRISONMENT OR BOTH.THIS ORDER SHALL BE ENFORCED BY ALL LAW ENFORCEMENT OFFICERS IN THE STATE OF CALIFORNIA WHO ARE AWARE OFOR SHOWN A COPY OFTHE ORDER. UNDER PENAL CODE SECTION 13710(b),."THE.TERMS AND CONDITIONS OF THE PROTECTION ORDER REMAIN EN. FORCEABLE,NOTWITHSTANDING THE ACTS OF THE PARTIES,AND MAY BE CHANGED ONLY BY ORDER OF THE COURT" To the restrained person:This order will last unit[the date and time In item 12 an the reverse.The protected person may,however, obtain a more permanent restraining order when the court opens. You may seek the advice of an attomey as to any matter corrected Win this order.The attorney should be consulted promptly so that the attorney may assist you in responding to the order. A Is persona baJo restriccl6n Judicial: Esta Orden durarA haste Is techa y hora ir>mcadas an at punto 12 at dorso. La persona protegida puede,sin embargo,.obtener una Orden do entrodcho(resbl cidn judicial)mars permanents cuando Is cone sora. Usted puede consulter a un abogado on coneud6n con eualquler asunto relad onadc con alta Orden. Dobe cons star al abogado sin p6rclida de tiampo para quo N o alio Is pueda ayudan a responder a to Orden. To the protected parson:This order will last only until the date and lime noted In item 12 on the reverse.It you wish to seek continuing protection,you will have to apply for an order from the court at the address on the reverse,when it opens,or you should apply to the court In the county where you live It It Is a different county and the violence is likely to occur there.You may apply for a proactive order free of charge.In the case of an endangered child,you may also apply for a more permanent order at the address on the reverse,or If there Is a juverile depondenoy action pending you may appy for a more permanent order under section 213.5 of the Welfare and Institutions Code.In the case o1 a child being abducted,you may apply for a Child Custody Order from the court at the address on the reverse side of this forth.You may seek the advice of an attorney as to any matter connected with your application for any future court orders.The attorney should be ccnsuhed promptly so that the attorney may assist you in making yourapplcation. You do not have to have an attorney to gel the protective order. A Is persona protegida:Esta Orden durarai s6lo haste la facha y hors Indleadas an al punto 12 al dorso. SI usted.desea quo la protecci6n con We,tendrA qua solicitor una Orden de Is Cone on la direcct6n inoicada al dorso Ovando Is Corte abra.o tendrA cue hater la solldtud ante la cone del condado donde Listed viva,si se trate de un oondado dtierente,y es probable qua Ia viotencla oxrrra all[. La sollctud de la Orden de proacclOn es gratis. Err of caro de qua un niflo o una riAa se encuentre an poligro,puede solMltar una orders mas pernansrtte an Is dlreocldn Indicada at dorso o,all hay una aocl6n legal pantheons de tutela juvent, puede solicitor una Orden mas permanents conforms a Is seccon 213.5 del c6dtgo titulado on Nos Welfare and institutions Code. En al vaso del secuestro de to nUfo o una niAa,usted puede solkiltar de la cone una Orden para la guards del nhio o de la n]na(Child Custody Order),on W diraccidn in licada at dorso ds este Iw Wado.Puede consulter a un-abogado an eone:atn con cuaquier asurno ralacionado con las sollcitudes de 6rdenes de la Corte quo used presome an at tuWro.Debs corsurtar un abogado sin perdida do tlempo para qua c o ela Is pueda ayudar a presenter su solicitud.Para obtener la Orden de paxecd6n no as necesado que un abogado Is represents. To law eMoreement: Ponal Code section 13710(c)provides that,upon request,law enforcement shall serve theparry to be restrained at the scene of a domestic violence incident or at any time the restrained parry is in custody.The officer who requested Me emergency protective oder,while on duty,shall carry Copies at the order.The emergency protective order shall be servedupon the restrained party by the officer,It the restrained party can reasonably be located,and a copy shall be given to the protected party. A copyalso shall be filed with the court as soon as practicable atter Issuance.The availability Of an emergency protective order shall not be affected by the fact that the endangered person has vacated the household to avoid abuse.A law enforcement officer shall use every reasonable means to enforce an emergency protective order Issued pursuant to this subdivision. A law enforcement officer acting pursuant to this subdivision shall not be hold civilly or criminally liable R he or she has acted in goad faith with regard thereto. If a child Is In danger of being abducted:This order will last only until the date and time noted in the Emergency Protective Order. You may appy for a chid custody order from the court,on the reverse side of this form. En el poo de pellgro de secuestro de un n1fro o de una nine: Esta Orden sera valida solo haste la hora y fecha indicadas en la Orden de protecd6n de emergencla(Emergency Protective Order). Used puede sollcitar lie la Corte una Orden para da guarda del Nino o de Ia titch(Child Custody Order),an la direccl6n Indicada al dorso. This emergency protective order is effective when made.This order shag expire not later then the close of judicial business on the filth day of judicial business following the day of its issue.An emergency protective order is also avagable to prevent the occurrence of child abuse. 12%9)IH&Jari.y1.MM EMERGENCY PROTECTIVE ORDER(CLETS) STGRouP (Domestic violence,Child Abuse,Elder or Depended I r1lowwu�. Aduh.Abuso,Workplace Violence,Civil Harasamed) OWEc bearl,CUE cgry to nrnirW pmt,ONE cvp/bpdMMpwaM,(xYE QOrIPmuT9>�nry Pg. 28 of 28 -�j� ATTACHMENT 2 ►►IIaIIfIiIIIIIIIIIIIIII������� �II(IIIIIIII ' ' cE ora, �- City Of San US OBISPO N) Gro POLICE DEPARTMENT 1042 Walnut St., San Luis Obispo, CA 93401 •(805)781.7317 August 7, 2006 The Honorable Roger Picquet, Presiding Judge San Luis Obispo County Superior Court County Government Center San Luis Obispo, CA 93408 Re: 2005-2006 Grand Jury Report Restraining Orders: Paper Thin Protection Dear Judge Picquet: In accordance with Penal Code §933(c), the following is the City of San Luis Obispo Police Department's response to the 2005-2006 Grand Jury Report titled"Restraining Orders: Paper Thin Protection." The Police Department appreciates the work of the Grand Jury on this very important topic. FINDINGS Finding 1: The Police Department agrees with the finding, as it pertains to victims of domestic violence prior to reporting. Many victims of domestic violence are reluctant and often.fearful of reporting the abuse to law enforcement and they may not be aware of assistance and protection available to them. However, once the Police Department is made aware of a domestic violence situation, either from the victim or a witness,the responding officers provide the victim with resource information to assist them, including shelter and counseling services and assistance with obtaining a restraining order. The information is provided to the victim in the form of a written card that is available in both English and Spanish. Finding 3: The Police Department agrees with the finding. The number of domestic violence arrests varies among-the different jurisdictions in the county, as does the number of domestic violence calls which are greater in some areas than in others. However,the difference in arrests does not necessarily indicate-a difference in enforcement procedures or priorities. Jurisdictions that experienced higher numbers of domestic violence calls also made more domestic violence arrests, as may be expected. In addition,the circumstances surrounding each domestic violence case may differ significantly and each case must be carefully evaluated in order to determine if an arrest is wan-anted. In some cases, an arrest is not "Service , Pride , Integrity" i�4, q The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf(805)781-7410 ATTACHMENT 2 Grand Jury Report on Restraining urders Page 2 August 7,2006 possible or prudent, such as when an offender flees the scene and cannot be located, or when there are significantly conflicting statements or evidence. RECOMMENDATIONS Recommendation 2: The recommendation has been implemented. Police officers and dispatchers receive initial domestic violence training in their respective academies. Once they begin working for the San Luis Obispo Police Department, they receive additional training as part of their field training programs. In addition, the Police Department provides frequent in-service training to officers and dispatchers during their shift briefings, including training on Emergency Protective Orders (EPOs). There have been seven such training sessions since 2004. Officers and dispatchers are also guided by department Operations Directives and(policies and procedures) and Dispatch Call Guides pertaining to domestic violence. In February 2006, the Police.Department requested state certification from the California Commission on Peace Officer Standards and Training(POST)for a Domestic Violence Update class for all officers and dispatchers. In April, the POST certification was granted and this training will be completed this year. The San Luis Obispo Police Department recognizes the need for on-going and frequent training in domestic violence response and the issuance of emergency protective orders. As a result of the training our personnel have already received,they are well educated in the laws pertaining to domestic violence and EPOS. Officers routinely and consistently offer EPOs to domestic violence victims,provide resource information to them, and make arrests for domestic violence offenses when appropriate. We will continue to seek training opportunities to further the skills and knowledge of our personnel in this area. Recommendation 3: The recommendation has been implemented. The training provided to officers includes the purpose of EPOs,and the procedures for issuing them. When officers respond to domestic violence calls and an EPO is warranted, they offer one to the victim and explain the associated procedures. Officers provide the victim with a copy of the EPO and explain the terms to them. The EPO form includes instructions to both the protected and the restrained parties in English and Spanish. In addition,the resource cards provided to domestic violence victims are printed in English and Spanish. The Police Department will continue to reinforce the importance of EPOS in our on-going domestic violence training for officers. Grand Jury Report on Restrainingers ATTAC�9R�ENT 2 Page 3 August 7,2006 Recommendation 4: The recommendation has been implemented to the best of our ability under existing law. Persons who are subject to a restraining order are prohibited from owning;possessing, or purchasing firearms, and they may be ordered by the court to surrender to police or sell to a licensed gun dealer any firearms in their possession. Officers have the legal ability to seize such weapons when they observe them in plain view, obtain them by consent of the owner, or receive them from the owner or someone else in possession of the weapons. When officers are at the scene of a domestic violence situation,they ask the victim(and often the suspect) if there are firearms present in the residence. If the officers can legally seize the firearms,they do so. However; absent consent from the residents, officers cannot legally search the residence for firearms not in plain view. It is sometimes possible to obtain a search wan-ant for an offender's home; however the officer would need probable cause to believe that the restrained person was in violation of the court order by possessing firearms and not surrendering them, and that the identified firearms were inside the offender's home: Depending on the circumstances, it may be very difficult to develop the probable cause needed to obtain;a search wan-ant under these circumstances. Currently, officers are diligent about seizing firearms when they are legally able to do so. However, it is not possible to ensure weapons are seized or surrendered in every case due to the legal restraints(including those afforded by the 4h Amendment to the United States Constitution)on the officers' ability to search offenders' residences. CONCLUSION Thank you for this opportunity to comment on the Grand Jury's report. Should you or any member of the Grand Jury have any additional questions,please do not hesitate to contact me. Respectfully submitt Deborah Linden Chief of Police Cc: City Council CAO Ken Hampian C 9 3S III I I I ,. city ,s OBIS 990 Palm Street, San Luis Obispo, CA 93401-3249 September 5, 2006 The Honorable Roger Picquet, Presiding Judge San Luis Obispo County Superior Court County Government Center San Luis Obispo, CA 93408 Re: 2005-2006 Grand Jury Report Restraining Orders: Paper Thin Protection Dear Judge Picquet: The San Luis Obispo City Council has reviewed the Grand Jury Report "Restraining Orders: Paper Thin Protection" and the responses submitted by our Chief of Police Deborah Linden. The City Council concurs with the Police Chief's responses and we have no additional comments to submit. At our September 5, 2006, meeting, the City Council authorized me to direct this letter to you in accordance with Penal Code §933(c). The City Council appreciates the work of the Grand Jury on this report. Sincerely, Dave Romero, Mayor City of San Luis Obispo C� ® The City of San Luis Obispo is committed to include the disabled in all of its services, programs and.activities. Telecommunications Device for the Deaf(805) 781-7410.