Criminal Protective Order-Other Than Domestic Violence (CLETS-CPO) {CR-161} | Pdf Fpdf Doc Docx | California

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Criminal Protective Order-Other Than Domestic Violence (CLETS-CPO) {CR-161} | Pdf Fpdf Doc Docx | California

Criminal Protective Order-Other Than Domestic Violence (CLETS-CPO) {CR-161}

This is a California form that can be used for Criminal within Judicial Council.

Alternate TextLast updated: 12/30/2016

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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, 136.2(i)(1), and 646.9(k)) ORDER UNDER PENAL CODE, § 136.2 MODIFICATION ORDER UNDER: PENAL CODE, § 136.2(i)(1) CASE NUMBER: PENAL CODE, § 646.9(k) PERSON TO BE RESTRAINED (complete name): Sex: M F Ht.: Wt.: Hair color: 1. This proceeding was heard on (date): by judicial officer (name): 2. This order expires on (date): 3. 4. 5. Eye color: at (time): Race: Age: in Dept.: Date of birth: Room: . If no date is listed, this order expires three years from 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 is required. FULL NAME, AGE, AND GENDER OF EACH PROTECTED PERSON: The court has information that the defendant owns or has a firearm or ammunition, or both. 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 not own, possess, buy or try to buy, receive or try to receive, or otherwise obtain a firearm or ammunition. The defendant must surrender to local law enforcement, or sell to or store with a licensed gun dealer any firearm owned by the defendant 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. The court has made the necessary findings and applies the firearm relinquishment exemption under Code Civ. Proc., § 527.9(f). The defendant is not required to relinquish this firearm (specify make, model, and serial number of firearm): 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 locations of protected persons or their family members, caretakers, or guardian The court finds good cause not to make the order in item 9. unless good cause exists otherwise. 10. 11. 12. 13. 14. a. b. 15. must be placed on electronic monitoring for (specify length of time): . (Not to exceed one year from the date of this order. Pen. Code, § 136.2(a)(1)(G)(iv), and Pen. Code, § 136.2(i)(2).) 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, as an exception to the "no-contact" or "stay-away" provision in item 11, 12, or 13 of this order, only for the safe exchange of children and court-ordered visitation as stated in: the Family, Juvenile, or Probate court order in case number: issued on (date): any Family, Juvenile, or Probate court order issued after the date this order is signed. The protected persons may record any prohibited communications made by the restrained person. 16. Other orders including stay-away orders from specific locations: Executed on: (DATE) Form Adopted for Mandatory Use Judicial Council of California CR-161 [Rev. January 1, 2017] Approved by Department of Justice (SIGNATURE OF JUDICIAL OFFICER) Page 1 of 2 Penal Code, §§ 136.2, 646.9(k), and 136.2(i)(1) www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com Department/Division: CRIMINAL PROTECTIVE ORDER--OTHER THAN DOMESTIC VIOLENCE (CLETS--CPO) 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 (by surrendering the firearm to local law enforcement, or by selling or storing it with a licensed gun dealer) and not own or possess any firearms during the period of the protective order. (Pen. Code, § 136.2(d).) 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. Specified defendants may request an exemption from the firearm relinquishment requirements stated in item 7 on page 1 of this order. The court must check the box under item 7 to order an exemption from the firearm relinquishment requirements. If the defendant can show that the firearm is necessary as a condition of continued employment, the court may grant an exemption for a particular firearm to be in the defendant's possession only during work hours and while traveling to and from work. If a peace officer's employment and personal safety depend on the ability to carry a firearm, a court may grant an exemption that allows the officer to carry a firearm on or off duty, but only if the court finds, after a mandatory psychological examination of the peace officer, that the officer does not pose a threat of harm. (Code Civ. Proc., § 527.9(f).) 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. CONFLICTING ORDERS-PRIORITIES FOR ENFORCEMENT If more than one restraining order has been issued, the orders must be enforced according to the following priorities: a.

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