Legal Question in Criminal Law in California

If a domestic violence incident occurs where the result is a three year restraining order issued by the court when does the order start? Does the three years start at the date of the incident or do they wait to start the finalized one but start with some kind of temporary one?


Asked on 5/18/10, 1:19 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The three years starts the day the judge signs the order. It is not retroactive. The orders must be personally served on the person to be restrained to be effective. It must also be delivered to law enforcement for registeration with the State Department of Justice (DOJ) through the California Law Enforcement Telecommunications System (CLETS). The DOJ is required to maintain a "Domestic Violence Restraining Order System" and to make all information concerning such restraining orders (whether or not served upon the respondent) available to court clerks and law enforcement personnel through computer access. Electronic transmission of the pertinent information is the county's responsibility. (Fam. Code, �� 6380(a),(e) & (f), 6382.)

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Answered on 5/23/10, 10:40 am


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