Duties of Law Enforcement in Emergency Protective Orders

California’s Family Code, in Division 10, Part 3, Chapter 3, deals with the duties of law enforcement officers in preventing domestic violence. Section 6270 requires a law enforcement officer who requests an emergency protective order to reduce the order to writing and sign it.

Section 6271 requires a law enforcement officer who requests an emergency protective order t do specified tasks. Section 6272 requires a law enforcement officer to use every reasonable means to enforce an emergency protective order. Also, a law enforcement officer who acts in good faith to enforce an emergency protective order is not civilly or criminally liable.

Section 6274 allows a peace officer to seek an emergency protective order relating to stalking if the requirements of that law are complied with.

Section 6275 requires a law enforcement officer who responds to a situation in which the officer believes that there may be grounds for the issuance of an emergency protective order to inform the person for whom an emergency protective order may be sought, or, if that person is a minor, the minor’s parent or guardian, that the person may request the officer to request an emergency protective order pursuant to this part.

In addition, an officer is required to request an emergency protective order if the officer believes that the person requesting an emergency protective order is in immediate and present danger.