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Restraining Orders

What must I do at the Redondo Beach Police Department Records Unit if a judge issues a restraining order?
  • If a judge issues a restraining order for a location in Redondo Beach, a copy of the order should be submitted to the Redondo Beach Police Department Records Unit if any of the parties:
  1. Lives in Redondo Beach
  2. Works in Redondo Beach
  3. Attends school in Redondo Beach
  • If a Judge continues the case, modifies the order or grants a permanent order, you should provide an updated order to the Redondo Beach Police Department as soon as possible to be kept on file until the expiration date.
  • Always keep a copy of the order on your person in case a violation occurs.
What does the Redondo Beach Police Department do with the restraining order provided by a party of an order or by the Court?
  • The Records Unit will query the Department of Justice (DOJ) California Restraining and Protective Order System (CARPOS) to see if the order has been entered into the State system.
  1. If the order has been entered, the Records Unit will retain a copy of the entry and a copy of the order on file until the expiration date.
  2. If the order has not been entered, the Records Unit will enter the order into CARPOS and retain a copy of the entry and a copy of the order on file until the expiration date.
Are there any fees associated with obtaining a restraining order?
  • There may be fees associated with obtaining or serving a restraining order. Please refer to http://civil.lasd.org/CivilProcess/civprocess2.aspx?1 for additional information.
  • There are no fees to file a copy of the restraining order with the Redondo Beach Police Department.
How do I serve the Restrained Person (RP) of the restraining order?
  • A third party who is not involved in the order, must serve the order prior to the court date.  A third party may be:
  1. Anyone over the age of 18 years who is not a party to the order
  2. A registered process server
  3. The Civil Process Unit in the Court Services Division at the Court. Visit http://civil.lasd.org/CivilProcess/SearchServiceBranch.aspx?1 to locate the appropriate branch office for your civil process needs.
  •  The Redondo Beach Police Department will not normally serve legal documents unless the restrained party involved is in custody in the Redondo Beach Jail.
  • Officers must serve the order on the request of the petitioner if they are present at a domestic violence incident involving both parties. See Family Code 6383(a).

    Family Code 6383(a) - A temporary restraining order or emergency protective order issued under this part shall, on request of the petitioner, be served on the respondent, whether or not the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported domestic violence involving the parties to the proceeding.
What is a restraining order?

A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.” Sometimes, restraining orders include other “protected persons” like family or household members of the protected person.

What does a restraining order do?
  • Restraining orders can include:
  1. Personal conduct orders (orders to stop contacting, calling, sending messages, stalking, threatening, attacking, striking battering, harassing, destroying personal property or disturbing the peace of the protected people.)
  2. Stay away orders (orders to stay a certain distance away from the protected person(s) home, work, children's schools, vehicle, and other places.)
  3. Residence exclusion orders (orders to the restrained person to vacate a residence and to take all personal belongings until a court hearing.)
How many kinds of restraining orders are there?
  • There are four kinds of orders you can request from the court:
  1. Domestic Violence Restraining Order
  2. Elder or Dependent Adult Abuse Restraining Order
  3. Civil Harassment Restraining Order
  4. Workplace Violence Restraining Order
How do I obtain a restraining order?
  1. An EPO is only valid for 5 days.
  2. When an EPO is issued, the Protected Person must go to the Court on the next business day to request the Judge to issue a Temporary Restraining Order (TRO) that will be valid for 30 days, or until the Judge can hear the case.
If the restrained person was served in court where will it show this on the restraining order?
  • On Civil Harassment Restraining Orders (form CH-140) item number (3) “Hearing” indicates which parties were present at the court hearing.
    • If box number “b” is checked the restrained person was present, and this is proof of the service.
    • The order is considered served and no additional proof of service is necessary.
  • On Domestic Violence Restraining Orders (form DV-130) item number (18) “Service indicates” which parties were present at the court hearing.
    • If box number “a” is checked the restrained person was present, and this is proof of the service.
    • The order is considered served and no additional proof of service is necessary.
  • On Workplace Violence Restraining Orders (form WV-130) item number (6) “Hearing” indicates which parties were present at the court hearing.
    • If box number “e” is checked the restrained person was present, and this is proof of the service.
    • The order is considered served and no additional proof of service is necessary.
  • Visit http://www.courtinfo.ca.gov to view the restraining order forms listed above.
If none of these boxes are marked on my restraining order what do I need to do?
  • If the restrained person was not in court, the order will need to be served.
  • If the restrained person was in court, and the boxes noted above were not checked
    • Return to the court to request the order be modified to indicate the restrained person was present in court and served.
  • The Redondo Beach Police Department may not enter the restraining orders as served in court unless these boxes are checked by the court.
    • When the court has modified their copy of the order and given it to you,
    • Provide the Redondo Beach Police Department with a copy of the modified order. 
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