525-534
CODE OF CIVIL PROCEDURE
SECTION 525-534
525. An injunction is a writ or order requiring a person to refrain
from a particular act. It may be granted by the court in which the
action is brought, or by a judge thereof; and when granted by a
judge, it may be enforced as an order of the court.
526. (a) An injunction may be granted in the following cases:
(1) When it appears by the complaint that the plaintiff is
entitled to the relief demanded, and the relief, or any part thereof,
consists in restraining the commission or continuance of the act
complained of, either for a limited period or perpetually.
(2) When it appears by the complaint or affidavits that the
commission or continuance of some act during the litigation would
produce waste, or great or irreparable injury, to a party to the
action.
(3) When it appears, during the litigation, that a party to the
action is doing, or threatens, or is about to do, or is procuring or
suffering to be done, some act in violation of the rights of another
party to the action respecting the subject of the action, and tending
to render the judgment ineffectual.
(4) When pecuniary compensation would not afford adequate relief.
(5) Where it would be extremely difficult to ascertain the amount
of compensation which would afford adequate relief.
(6) Where the restraint is necessary to prevent a multiplicity of
judicial proceedings.
(7) Where the obligation arises from a trust.
(b) An injunction cannot be granted in the following cases:
(1) To stay a judicial proceeding pending at the commencement of
the action in which the injunction is demanded, unless the restraint
is necessary to prevent a multiplicity of proceedings.
(2) To stay proceedings in a court of the United States.
(3) To stay proceedings in another state upon a judgment of a
court of that state.
(4) To prevent the execution of a public statute by officers of
the law for the public benefit.
(5) To prevent the breach of a contract the performance of which
would not be specifically enforced, other than a contract in writing
for the rendition of personal services from one to another where the
promised service is of a special, unique, unusual, extraordinary, or
intellectual character, which gives it peculiar value, the loss of
which cannot be reasonably or adequately compensated in damages in an
action at law, and where the compensation for the personal services
is as follows:
(A) As to contracts entered into on or before December 31, 1993,
the minimum compensation provided in the contract for the personal
services shall be at the rate of six thousand dollars ($6,000) per
annum.
(B) As to contracts entered into on or after January 1, 1994, the
criteria of clause (i) or (ii), as follows, are satisfied:
(i) The compensation is as follows:
(I) The minimum compensation provided in the contract shall be at
the rate of nine thousand dollars ($9,000) per annum for the first
year of the contract, twelve thousand dollars ($12,000) per annum for
the second year of the contract, and fifteen thousand dollars
($15,000) per annum for the third to seventh years, inclusive, of the
contract.
(II) In addition, after the third year of the contract, there
shall actually have been paid for the services through and including
the contract year during which the injunctive relief is sought, over
and above the minimum contractual compensation specified in subclause
(I), the amount of fifteen thousand dollars ($15,000) per annum
during the fourth and fifth years of the contract, and thirty
thousand dollars ($30,000) per annum during the sixth and seventh
years of the contract. As a condition to petitioning for an
injunction, amounts payable under this clause may be paid at any time
prior to seeking injunctive relief.
(ii) The aggregate compensation actually received for the services
provided under a contract that does not meet the criteria of
subparagraph (A), is at least 10 times the applicable aggregate
minimum amount specified in subclauses (I) and (II) of clause (i)
through and including the contract year during which the injunctive
relief is sought. As a condition to petitioning for an injunction,
amounts payable under this subparagraph may be paid at any time prior
to seeking injunctive relief.
(C) Compensation paid in any contract year in excess of the
minimums specified in clauses (i) and (ii) of subparagraph (B) shall
apply to reduce the compensation otherwise required to be paid under
those provisions in any subsequent contract years. However, an
injunction may be granted to prevent the breach of a contract entered
into between any nonprofit cooperative corporation or association
and a member or stockholder thereof, in respect to any provision
regarding the sale or delivery to the corporation or association of
the products produced or acquired by the member or stockholder.
(6) To prevent the exercise of a public or private office, in a
lawful manner, by the person in possession.
(7) To prevent a legislative act by a municipal corporation.
526a. An action to obtain a judgment, restraining and preventing
any illegal expenditure of, waste of, or injury to, the estate,
funds, or other property of a county, town, city or city and county
of the state, may be maintained against any officer thereof, or any
agent, or other person, acting in its behalf, either by a citizen
resident therein, or by a corporation, who is assessed for and is
liable to pay, or, within one year before the commencement of the
action, has paid, a tax therein. This section does not affect any
right of action in favor of a county, city, town, or city and county,
or any public officer; provided, that no injunction shall be granted
restraining the offering for sale, sale, or issuance of any
municipal bonds for public improvements or public utilities.
An action brought pursuant to this section to enjoin a public
improvement project shall take special precedence over all civil
matters on the calendar of the court except those matters to which
equal precedence on the calendar is granted by law.
526b. Every person or corporation bringing, instigating, exciting
or abetting, any suit to obtain an injunction, restraining or
enjoining the issuance, sale, offering for sale, or delivery, of
bonds, or other securities, or the expenditure of the proceeds of the
sale of such bonds or other securities, of any city, city and
county, town, county, or other district organized under the laws of
this state, or any other political subdivision of this state,
proposed to be issued, sold, offered for sale or delivered by such
city, city and county, town, county, district or other political
subdivision, for the purpose of acquiring, constructing, completing,
improving or extending water works, electric works, gas works or
other public utility works or property, shall, if the injunction
sought is finally denied, and if such person or corporation owns,
controls, or is operating or interested in, a public utility business
of the same nature as that for which such bonds or other securities
are proposed to be issued, sold, offered for sale, or delivered, be
liable to the defendant for all costs, damages and necessary expenses
resulting to such defendant by reason of the filing of such suit.
527. (a) A preliminary injunction may be granted at any time before
judgment upon a verified complaint, or upon affidavits if the
complaint in the one case, or the affidavits in the other, show
satisfactorily that sufficient grounds exist therefor. No preliminary
injunction shall be granted without notice to the opposing party.
(b) A temporary restraining order or a preliminary injunction, or
both, may be granted in a class action, in which one or more of the
parties sues or defends for the benefit of numerous parties upon the
same grounds as in other actions, whether or not the class has been
certified.
(c) No temporary restraining order shall be granted without notice
to the opposing party, unless both of the following requirements are
satisfied:
(1) It appears from facts shown by affidavit or by the verified
complaint that great or irreparable injury will result to the
applicant before the matter can be heard on notice.
(2) The applicant or the applicant's attorney certifies one of the
following to the court under oath:
(A) That within a reasonable time prior to the application the
applicant informed the opposing party or the opposing party's
attorney at what time and where the application would be made.
(B) That the applicant in good faith attempted but was unable to
inform the opposing party and the opposing party's attorney,
specifying the efforts made to contact them.
(C) That for reasons specified the applicant should not be
required to so inform the opposing party or the opposing party's
attorney.
(d) In case a temporary restraining order is granted without
notice in the contingency specified in subdivision (c):
(1) The matter shall be made returnable on an order requiring
cause to be shown why a preliminary injunction should not be granted,
on the earliest day that the business of the court will admit of,
but not later than 15 days or, if good cause appears to the court, 22
days from the date the temporary restraining order is issued.
(2) The party who obtained the temporary restraining order shall,
within five days from the date the temporary restraining order is
issued or two days prior to the hearing, whichever is earlier, serve
on the opposing party a copy of the complaint if not previously
served, the order to show cause stating the date, time, and place of
the hearing, any affidavits to be used in the application, and a copy
of the points and authorities in support of the application. The
court may for good cause, on motion of the applicant or on its own
motion, shorten the time required by this paragraph for service on
the opposing party.
(3) When the matter first comes up for hearing, if the party who
obtained the temporary restraining order is not ready to proceed, or
if the party has failed to effect service as required by paragraph
(2), the court shall dissolve the temporary restraining order.
(4) The opposing party is entitled to one continuance for a
reasonable period of not less than 15 days or any shorter period
requested by the opposing party, to enable the opposing party to meet
the application for a preliminary injunction. If the opposing party
obtains a continuance under this paragraph, the temporary restraining
order shall remain in effect until the date of the continued
hearing.
(5) Upon the filing of an affidavit by the applicant that the
opposing party could not be served within the time required by
paragraph (2), the court may reissue any temporary restraining order
previously issued. The reissued order shall be made returnable as
provided by paragraph (1), with the time for hearing measured from
the date of reissuance. No fee shall be charged for reissuing the
order.
(e) The opposing party may, in response to an order to show cause,
present affidavits relating to the granting of the preliminary
injunction, and if the affidavits are served on the applicant at
least two days prior to the hearing, the applicant shall not be
entitled to any continuance on account thereof. On the day the order
is made returnable, the hearing shall take precedence over all other
matters on the calendar of the day, except older matters of the same
character, and matters to which special precedence may be given by
law. When the cause is at issue it shall be set for trial at the
earliest possible date and shall take precedence over all other
cases, except older matters of the same character, and matters to
which special precedence may be given by law.
(f) Notwithstanding failure to satisfy the time requirements of
this section, the court may nonetheless hear the order to show cause
why a preliminary injunction should not be granted if the moving and
supporting papers are served within the time required by Section 1005
and one of the following conditions is satisfied:
(1) The order to show cause is issued without a temporary
restraining order.
(2) The order to show cause is issued with a temporary restraining
order, but is either not set for hearing within the time required by
paragraph (1) of subdivision (d), or the party who obtained the
temporary restraining order fails to effect service within the time
required by paragraph (2) of subdivision (d).
(g) This section does not apply to an order issued under the
Family Code.
(h) As used in this section:
(1) "Complaint" means a complaint or a cross-complaint.
(2) "Court" means the court in which the action is pending.
527.3. (a) In order to promote the rights of workers to engage in
concerted activities for the purpose of collective bargaining,
picketing or other mutual aid or protection, and to prevent the evils
which frequently occur when courts interfere with the normal
processes of dispute resolution between employers and recognized
employee organizations, the equity jurisdiction of the courts in
cases involving or growing out of a labor dispute shall be no broader
than as set forth in subdivision (b) of this section, and the
provisions of subdivision (b) of this section shall be strictly
construed in accordance with existing law governing labor disputes
with the purpose of avoiding any unnecessary judicial interference in
labor disputes.
(b) The acts enumerated in this subdivision, whether performed
singly or in concert, shall be legal, and no court nor any judge nor
judges thereof, shall have jurisdiction to issue any restraining
order or preliminary or permanent injunction which, in specific or
general terms, prohibits any person or persons, whether singly or in
concert, from doing any of the following:
(1) Giving publicity to, and obtaining or communicating
information regarding the existence of, or the facts involved in, any
labor dispute, whether by advertising, speaking, patrolling any
public street or any place where any person or persons may lawfully
be, or by any other method not involving fraud, violence or breach of
the peace.
(2) Peaceful picketing or patrolling involving any labor dispute,
whether engaged in singly or in numbers.
(3) Assembling peaceably to do any of the acts specified in
paragraphs (1) and (2) or to promote lawful interests.
(4) Except as provided in subparagraph (iv), for purposes of this
section, "labor dispute" is defined as follows:
(i) A case shall be held to involve or to grow out of a labor
dispute when the case involves persons who are engaged in the same
industry, trade, craft, or occupation; or have direct or indirect
interests therein; or who are employees of the same employer; or who
are members of the same or an affiliated organization of employers or
employees; whether such dispute is (a) between one or more employers
or associations of employers and one or more employees or
associations of employees; (b) between one or more employers or
associations of employers and one or more employers or associations
of employers; or (c) between one or more employees or associations of
employees and one or more employees or associations of employees; or
when the case involves any conflicting or competing interests in a
"labor dispute" of "persons participating or interested" therein (as
defined in subparagraph (ii)).
(ii) A person or association shall be held to be a person
participating or interested in a labor dispute if relief is sought
against him or it, and if he or it is engaged in the same industry,
trade, craft, or occupation in which such dispute occurs, or has a
direct or indirect interest therein, or is a member, officer, or
agent of any association composed in whole or in part of employers or
employees engaged in such industry, trade, craft, or occupation.
(iii) The term "labor dispute" includes any controversy concerning
terms or conditions of employment, or concerning the association or
representation of persons in negotiating, fixing, maintaining,
changing, or seeking to arrange terms or conditions of employment
regardless of whether or not the disputants stand in the proximate
relation of employer and employee.
(iv) The term "labor dispute" does not include a jurisdictional
strike as defined in Section 1118 of the Labor Code.
(c) Nothing contained in this section shall be construed to alter
or supersede the provisions of Chapter 1 of the 1975-76 Third
Extraordinary Session, and to the extent of any conflict between the
provisions of this act and that chapter, the provisions of the latter
shall prevail.
(d) Nothing contained in this section shall be construed to alter
the legal rights of public employees or their employers, nor shall
this section alter the rights of parties to collective-bargaining
agreements under the provisions of Section 1126 of the Labor Code.
(e) It is not the intent of this section to permit conduct that is
unlawful including breach of the peace, disorderly conduct, the
unlawful blocking of access or egress to premises where a labor
dispute exists, or other similar unlawful activity.
527.6. (a) A person who has suffered harassment as defined in
subdivision (b) may seek a temporary restraining order and an
injunction prohibiting harassment as provided in this section.
(b) For the purposes of this section, "harassment" is unlawful
violence, a credible threat of violence, or a knowing and willful
course of conduct directed at a specific person that seriously
alarms, annoys, or harasses the person, and that serves no legitimate
purpose. The course of conduct must be such as would cause a
reasonable person to suffer substantial emotional distress, and must
actually cause substantial emotional distress to the plaintiff.
As used in this subdivision:
(1) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.
(2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
(3) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an individual,
making harassing telephone calls to an individual, or sending
harassing correspondence to an individual by any means, including,
but not limited to, the use of public or private mails, interoffice
mail, fax, or computer e-mail. Constitutionally protected activity is
not included within the meaning of "course of conduct."
(c) Upon filing a petition for an injunction under this section,
the plaintiff may obtain a temporary restraining order in accordance
with Section 527, except to the extent this section provides a rule
that is inconsistent. A temporary restraining order may be issued
with or without notice upon an affidavit that, to the satisfaction of
the court, shows reasonable proof of harassment of the plaintiff by
the defendant, and that great or irreparable harm would result to the
plaintiff. In the discretion of the court, and on a showing of good
cause, a temporary restraining order or injunction, issued under this
section may include other named family or household members who
reside with the plaintiff. A temporary restraining order issued under
this section shall remain in effect, at the court's discretion, for
a period not to exceed 15 days, or, if the court extends the time for
hearing under subdivision (d), not to exceed 22 days, unless
otherwise modified or terminated by the court.
(d) Within 15 days, or, if good cause appears to the court, 22
days from the date the temporary restraining order is issued, a
hearing shall be held on the petition for the injunction. The
defendant may file a response that explains, excuses, justifies, or
denies the alleged harassment or may file a cross-complaint under
this section. At the hearing, the judge shall receive any testimony
that is relevant, and may make an independent inquiry. If the judge
finds by clear and convincing evidence that unlawful harassment
exists, an injunction shall issue prohibiting the harassment. An
injunction issued pursuant to this section shall have a duration of
not more than three years. At any time within the three months before
the expiration of the injunction, the plaintiff may apply for a
renewal of the injunction by filing a new petition for an injunction
under this section.
(e) This section does not preclude either party from
representation by private counsel or from appearing on the party's
own behalf.
(f) In a proceeding under this section if there are allegations or
threats of domestic violence, a support person may accompany a party
in court and, if the party is not represented by an attorney, may
sit with the party at the table that is generally reserved for the
party and the party's attorney. The support person is present to
provide moral and emotional support for a person who alleges he or
she is a victim of domestic violence. The support person is not
present as a legal adviser and may not provide legal advice. The
support person may assist the person who alleges he or she is a
victim of domestic violence in feeling more confident that he or she
will not be injured or threatened by the other party during the
proceedings if the person who alleges he or she is a victim of
domestic violence and the other party are required to be present in
close proximity. This subdivision does not preclude the court from
exercising its discretion to remove the support person from the
courtroom if the court believes the support person is prompting,
swaying, or influencing the party assisted by the support person.
(g) Upon the filing of a petition for an injunction under this
section, the defendant shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may for good cause, on motion of the plaintiff or
on its own motion, shorten the time for service on the defendant.
(h) The court shall order the plaintiff or the attorney for the
plaintiff to deliver a copy of each temporary restraining order or
injunction, or modification or termination thereof, granted under
this section, by the close of the business day on which the order was
granted, to the law enforcement agencies within the court's
discretion as are requested by the plaintiff. Each appropriate law
enforcement agency shall make available information as to the
existence and current status of these orders to law enforcement
officers responding to the scene of reported harassment.
An order issued under this section shall, on request of the
plaintiff, be served on the defendant, whether or not the defendant
has been taken into custody, by any law enforcement officer who is
present at the scene of reported harassment involving the parties to
the proceeding. The plaintiff shall provide the officer with an
endorsed copy of the order and a proof of service that the officer
shall complete and send to the issuing court.
Upon receiving information at the scene of an incident of
harassment that a protective order has been issued under this
section, or that a person who has been taken into custody is the
subject of an order, if the protected person cannot produce a
certified copy of the order, a law enforcement officer shall
immediately attempt to verify the existence of the order.
If the law enforcement officer determines that a protective order
has been issued, but not served, the officer shall immediately notify
the defendant of the terms of the order and shall at that time also
enforce the order. Verbal notice of the terms of the order shall
constitute service of the order and is sufficient notice for the
purposes of this section and for the purposes of Section 273.6 and
subdivision (g) of Section 12021 of the Penal Code.
(i) The prevailing party in any action brought under this section
may be awarded court costs and attorney's fees, if any.
(j) Any willful disobedience of any temporary restraining order or
injunction granted under this section is punishable pursuant to
Section 273.6 of the Penal Code.
(k) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm while the protective order is in
effect.
(2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
(3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm while the protective order
is in effect is punishable pursuant to subdivision (g) of Section
12021 of the Penal Code.
(l) This section does not apply to any action or proceeding
covered by Title 1.6C (commencing with Section 1788) of the Civil
Code or by Division 10 (commencing with Section 6200) of the Family
Code. This section does not preclude a plaintiff from using other
existing civil remedies.
(m) The Judicial Council shall promulgate forms and instructions
therefor, and rules for service of process, scheduling of hearings,
and any other matters required by this section. The petition and
response forms shall be simple and concise, and their use by parties
in actions brought pursuant to this section shall be mandatory.
(n) A temporary restraining order or injunction relating to
harassment or domestic violence issued by a court pursuant to this
section shall be issued on forms adopted by the Judicial Council of
California and that have been approved by the Department of Justice
pursuant to subdivision (i) of Section 6380 of the Family Code.
However, the fact that an order issued by a court pursuant to this
section was not issued on forms adopted by the Judicial Council and
approved by the Department of Justice shall not, in and of itself,
make the order unenforceable.
(o) Information on any temporary restraining order or injunction
relating to harassment or domestic violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with subdivision (b) of Section 6380 of the
Family Code.
(p) There is no filing fee for a petition that alleges that a
person has inflicted or threatened violence against the petitioner,
or stalked the petitioner, or acted or spoken in any other manner
that has placed the petitioner in reasonable fear of violence, and
that seeks a protective or restraining order or injunction
restraining stalking or future violence or threats of violence, in
any action brought pursuant to this section. No fee shall be paid for
a subpoena filed in connection with a petition alleging these acts.
No fee shall be paid for filing a response to a petition alleging
these acts.
(q) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process of a protective order, restraining order, or injunction to
be issued, if any of the following conditions apply:
(A) The protective order, restraining order, or injunction issued
pursuant to this section is based upon stalking, as prohibited by
Section 646.9 of the Penal Code.
(B) The protective order, restraining order, or injunction issued
pursuant to this section is based upon a credible threat of violence.
(C) The protective order, restraining order, or injunction is
issued pursuant to Section 6222 of the Family Code.
(2) The Judicial Council shall prepare and develop application
forms for applicants who wish to avail themselves of the services
described in this subdivision.
527.6. (a) (1) A person who has suffered harassment as defined in
subdivision (b) may seek a temporary restraining order and an
injunction prohibiting harassment as provided in this section.
(2) A minor, under 12 years of age, accompanied by a duly
appointed and acting guardian ad litem, shall be permitted to appear
in court without counsel for the limited purpose of requesting or
opposing a request for a temporary restraining order or injunction,
or both, under this section as provided in Section 374.
(b) For the purposes of this section:
(1) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an individual,
making harassing telephone calls to an individual, or sending
harassing correspondence to an individual by any means, including,
but not limited to, the use of public or private mails, interoffice
mail, fax, or computer e-mail. Constitutionally protected activity is
not included within the meaning of "course of conduct."
(2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
(3) "Harassment" is unlawful violence, a credible threat of
violence, or a knowing and willful course of conduct directed at a
specific person that seriously alarms, annoys, or harasses the
person, and that serves no legitimate purpose. The course of conduct
must be such as would cause a reasonable person to suffer substantial
emotional distress, and must actually cause substantial emotional
distress to the petitioner.
(4) "Petitioner" means the person to be protected by the temporary
restraining order and injunction and, if the court grants the
petition, the protected person.
(5) "Respondent" means the person against whom the temporary
restraining order and injunction are sought and, if the petition is
granted, the restrained person.
(6) "Temporary restraining order" and "injunction" mean orders
that include any of the following restraining orders, whether issued
ex parte or after notice and hearing:
(A) An order enjoining a party from harassing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, abusing, telephoning, including, but not
limited to, making annoying telephone calls, as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of the petitioner.
(B) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph (A).
(7) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.
(c) In the discretion of the court, on a showing of good cause, a
temporary restraining order or injunction issued under this section
may include other named family or household members.
(d) Upon filing a petition for an injunction under this section,
the petitioner may obtain a temporary restraining order in accordance
with Section 527, except to the extent this section provides a rule
that is inconsistent. The temporary restraining order may include any
of the restraining orders described in paragraph (6) of subdivision
(b). A temporary restraining order may be issued with or without
notice, based on a declaration that, to the satisfaction of the
court, shows reasonable proof of harassment of the petitioner by the
respondent, and that great or irreparable harm would result to the
petitioner.
(e) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court.
(f) A temporary restraining order issued under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 21 days, or, if the court extends the time for hearing under
subdivision (g), not to exceed 25 days, unless otherwise modified or
terminated by the court.
(g) Within 21 days, or, if good cause appears to the court, 25
days from the date that a petition for a temporary order is granted
or denied, a hearing shall be held on the petition for the
injunction. If no request for temporary orders is made, the hearing
shall be held within 21 days, or, if good cause appears to the court,
25 days, from the date that the petition is filed.
(h) The respondent may file a response that explains, excuses,
justifies, or denies the alleged harassment or may file a
cross-petition under this section.
(i) At the hearing, the judge shall receive any testimony that is
relevant, and may make an independent inquiry. If the judge finds by
clear and convincing evidence that unlawful harassment exists, an
injunction shall issue prohibiting the harassment.
(j) (1) In the discretion of the court, an order issued after
notice and hearing under this section may have a duration of not more
than three years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years,
without a showing of any further harassment since the issuance of the
original order, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. The request for renewal may be brought
at any time within the three months before the expiration of the
order.
(2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
(k) This section does not preclude either party from
representation by private counsel or from appearing on the party's
own behalf.
(l) In a proceeding under this section if there are allegations of
unlawful violence or credible threats of violence, a support person
may accompany a party in court and, if the party is not represented
by an attorney, may sit with the party at the table that is generally
reserved for the party and the party's attorney. The support person
is present to provide moral and emotional support for a person who
alleges he or she is a victim of violence. The support person is not
present as a legal adviser and may not provide legal advice. The
support person may assist the person who alleges he or she is a
victim of violence in feeling more confident that he or she will not
be injured or threatened by the other party during the proceedings if
the person who alleges he or she is a victim of violence and the
other party are required to be present in close proximity. This
subdivision does not preclude the court from exercising its
discretion to remove the support person from the courtroom if the
court believes the support person is prompting, swaying, or
influencing the party assisted by the support person.
(m) Upon the filing of a petition for an injunction under this
section, the respondent shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may for good cause, on motion of the petitioner
or on its own motion, shorten the time for service on the respondent.
(n) A notice of hearing under this section shall notify the
respondent that if he or she does not attend the hearing, the court
may make orders against him or her that could last up to three years.
(o) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing.
(2) The reissued order shall state on its face the date of
expiration of the order.
(p) (1) If a respondent, named in a restraining order issued after
a hearing, has not been served personally with the order but has
received actual notice of the existence and substance of the order
through personal appearance in court to hear the terms of the order
from the court, no additional proof of service is required for
enforcement of the order.
(2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the respondent does not appear at the hearing,
either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are
identical to the temporary restraining order, except for the duration
of the order, then the restraining order or protective order issued
at the hearing may be served on the respondent by first-class mail
sent to the respondent at the most current address for the respondent
available to the court.
(3) The Judicial Council form for temporary orders issued pursuant
to this subdivision shall contain a statement in substantially the
following form:
"If you have been personally served with this temporary
restraining order and notice of hearing, but you do not appear at the
hearing either in person or by a lawyer, and a restraining order
that is the same as this temporary restraining order except for the
expiration date is issued at the hearing, a copy of the restraining
order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court."
(q) (1) Information on any temporary restraining order or
injunction relating to civil harassment issued by a court pursuant to
this section shall be transmitted to the Department of Justice in
accordance with either paragraph (2) or (3).
(2) The court shall order the petitioner or the attorney for the
petitioner to deliver a copy of an order issued under this section,
or reissuance, extension, modification, or termination of the order,
and any subsequent proof of service, by the close of the business day
on which the order, reissuance, extension, modification, or
termination was made, to a law enforcement agency having jurisdiction
over the residence of the petitioner and to any additional law
enforcement agencies within the court's discretion as are requested
by the petitioner.
(3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
(A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).
(B) With the approval of the Department of Justice, entering the
order or proof of service into CLETS directly.
(4) Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported
harassment.
(5) An order issued under this section 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 harassment involving
the parties to the proceeding. The petitioner shall provide the
officer with an endorsed copy of the order and a proof of service
that the officer shall complete and send to the issuing court.
(6) Upon receiving information at the scene of an incident of
harassment that a protective order has been issued under this
section, or that a person who has been taken into custody is the
subject of an order, if the protected person cannot produce a
certified copy of the order, a law enforcement officer shall
immediately attempt to verify the existence of the order.
(7) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and shall at that
time also enforce the order. Verbal notice of the terms of the order
shall constitute service of the order and is sufficient notice for
the purposes of this section and for the purposes of Section 273.6
and subdivision (g) of Section 12021 of the Penal Code.
(r) The prevailing party in any action brought under this section
may be awarded court costs and attorney's fees, if any.
(s) Any willful disobedience of any temporary restraining order or
injunction granted under this section is punishable pursuant to
Section 273.6 of the Penal Code.
(t) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm or ammunition while the protective
order is in effect.
(2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
(3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm or ammunition while the
protective order is in effect is punishable pursuant to subdivision
(g) of Section 12021 of the Penal Code.
(u) This section does not apply to any action or proceeding
covered by Title 1.6C (commencing with Section 1788) of the Civil
Code or by Division 10 (commencing with Section 6200) of the Family
Code. This section does not preclude a petitioner from using other
existing civil remedies.
(v) (1) The Judicial Council shall develop forms, instructions,
and rules relating to matters governed by this section. The petition
and response forms shall be simple and concise, and their use by
parties in actions brought pursuant to this section shall be
mandatory.
(2) A temporary restraining order or injunction relating to civil
harassment issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.
(w) There is no filing fee for a petition that alleges that a
person has inflicted or threatened violence against the petitioner,
or stalked the petitioner, or acted or spoken in any other manner
that has placed the petitioner in reasonable fear of violence, and
that seeks a protective or restraining order or injunction
restraining stalking or future violence or threats of violence, in
any action brought pursuant to this section. No fee shall be paid for
a subpoena filed in connection with a petition alleging these acts.
No fee shall be paid for filing a response to a petition alleging
these acts.
(x) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process by a sheriff or marshal of a protective order, restraining
order, or injunction to be issued, if either of the following
conditions apply:
(A) The protective order, restraining order, or injunction issued
pursuant to this section is based upon stalking, as prohibited by
Section 646.9 of the Penal Code.
(B) The protective order, restraining order, or injunction issued
pursuant to this section is based upon unlawful violence or a
credible threat of violence.
(2) The Judicial Council shall prepare and develop forms for
persons who wish to avail themselves of the services described in
this subdivision.
527.7. (a) It shall be unlawful for any group, association,
organization, society, or other assemblage of two or more persons to
meet and to advocate, and to take substantial action in furtherance
of, the commission of an unlawful act of violence or force directed
to and likely to produce the imminent and unlawful infliction of
serious bodily injury or death of another person within this state.
(b) Whenever it reasonably appears that any group, association,
society, or other assemblage of two or more persons has met and taken
substantial action in furtherance of the commission of an act of
violence made unlawful by subdivision (a) and will engage in those
acts in the future, any aggrieved individual may bring a civil action
in the superior court to enjoin the advocacy of the commission of
any act of violence made unlawful by subdivision (a) at any future
meeting or meetings. Upon a proper showing by clear and convincing
evidence, a permanent or preliminary injunction, restraining order,
or writ of mandate shall be granted.
(c) Whenever it appears that an action brought under this section
was groundless and brought in bad faith for the purpose of
harassment, the trial court or any appellate court may award to the
defendant attorney's fees and court costs incurred for the purpose of
defending the action.
527.8. (a) Any employer, whose employee has suffered unlawful
violence or a credible threat of violence from any individual, that
can reasonably be construed to be carried out or to have been carried
out at the workplace, may seek a temporary restraining order and an
injunction on behalf of the employee and, at the discretion of the
court, any number of other employees at the workplace, and, if
appropriate, other employees at other workplaces of the employer.
(b) For the purposes of this section:
(1) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.
(2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
(3) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an employee to
or from the place of work; entering the workplace; following an
employee during hours of employment; making telephone calls to an
employee; or sending correspondence to an employee by any means,
including, but not limited to, the use of the public or private
mails, interoffice mail, fax, or computer e-mail.
(c) This section does not permit a court to issue a temporary
restraining order or injunction prohibiting speech or other
activities that are constitutionally protected, or otherwise
protected by Section 527.3 or any other provision of law.
(d) For purposes of this section, the terms "employer" and
"employee" mean persons defined in Section 350 of the Labor Code.
"Employer" also includes a federal agency, the state, a state agency,
a city, county, or district, and a private, public, or quasi-public
corporation, or any public agency thereof or therein. "Employee" also
includes the members of boards of directors of private, public, and
quasi-public corporations and elected and appointed public officers.
For purposes of this section only, "employee" also includes a
volunteer or independent contractor who performs services for the
employer at the employer's worksite.
(e) Upon filing a petition for an injunction under this section,
the plaintiff may obtain a temporary restraining order in accordance
with subdivision (a) of Section 527, if the plaintiff also files an
affidavit that, to the satisfaction of the court, shows reasonable
proof that an employee has suffered unlawful violence or a credible
threat of violence by the defendant, and that great or irreparable
harm would result to an employee. In the discretion of the court, and
on a showing of good cause, a temporary restraining order or
injunction issued under this section may include other named family
or household members who reside with the employee, or other persons
employed at his or her workplace or workplaces.
A temporary restraining order granted under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 15 days, unless otherwise modified or terminated by the court.
(f) Within 15 days of the filing of the petition, a hearing shall
be held on the petition for the injunction. The defendant may file a
response that explains, excuses, justifies, or denies the alleged
unlawful violence or credible threats of violence or may file a
cross-complaint under this section. At the hearing, the judge shall
receive any testimony that is relevant and may make an independent
inquiry. Moreover, if the defendant is a current employee of the
entity requesting the injunction, the judge shall receive evidence
concerning the employer's decision to retain, terminate, or otherwise
discipline the defendant. If the judge finds by clear and convincing
evidence that the defendant engaged in unlawful violence or made a
credible threat of violence, an injunction shall issue prohibiting
further unlawful violence or threats of violence. An injunction
issued pursuant to this section shall have a duration of not more
than three years. At any time within the three months before the
expiration of the injunction, the plaintiff may apply for a renewal
of the injunction by filing a new petition for an injunction under
this section.
(g) This section does not preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
(h) Upon filing of a petition for an injunction under this
section, the defendant shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may, for good cause, on motion of the plaintiff or
on its own motion, shorten the time for service on the defendant.
(i) (1) The court shall order the plaintiff or the attorney for
the plaintiff to deliver a copy of each temporary restraining order
or injunction, or modification or termination thereof, granted under
this section, by the close of the business day on which the order was
granted, to the law enforcement agencies within the court's
discretion as are requested by the plaintiff. Each appropriate law
enforcement agency shall make available information as to the
existence and current status of these orders to law enforcement
officers responding to the scene of reported unlawful violence or a
credible threat of violence.
(2) At the request of the plaintiff, an order issued under this
section shall be served on the defendant, regardless of whether the
defendant has been taken into custody, by any law enforcement officer
who is present at the scene of reported unlawful violence or a
credible threat of violence involving the parties to the proceedings.
The plaintiff shall provide the officer with an endorsed copy of the
order and proof of service that the officer shall complete and send
to the issuing court.
(3) Upon receiving information at the scene of an incident of
unlawful violence or a credible threat of violence that a protective
order has been issued under this section, or that a person who has
been taken into custody is the subject of an order, if the plaintiff
or the protected person cannot produce an endorsed copy of the order,
a law enforcement officer shall immediately attempt to verify the
existence of the order.
(4) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the defendant of the terms of the order and obtain the
defendant's address. The law enforcement officer shall at that time
also enforce the order, but may not arrest or take the defendant into
custody for acts in violation of the order that were committed prior
to the verbal notice of the terms and conditions of the order. The
law enforcement officer's verbal notice of the terms of the order
shall constitute service of the order and constitutes sufficient
notice for the purposes of this section and for the purposes of
Section 273.6 and subdivision (g) of Section 12021 of the Penal Code.
The plaintiff shall mail an endorsed copy of the order to the
defendant's mailing address provided to the law enforcement officer
within one business day of the reported incident of unlawful violence
or a credible threat of violence at which a verbal notice of the
terms of the order was provided by a law enforcement officer.
(j) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm while the protective order is in
effect.
(2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
(3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm while the protective order
is in effect is punishable pursuant to subdivision (g) of Section
12021 of the Penal Code.
(k) Any intentional disobedience of any temporary restraining
order or injunction granted under this section is punishable pursuant
to Section 273.6 of the Penal Code.
(l) Nothing in this section may be construed as expanding,
diminishing, altering, or modifying the duty, if any, of an employer
to provide a safe workplace for employees and other persons.
(m) The Judicial Council shall develop forms, instructions, and
rules for scheduling of hearings and other procedures established
pursuant to this section. The forms for the petition and response
shall be simple and concise, and their use by parties in actions
brought pursuant to this section shall be mandatory.
(n) A temporary restraining order or injunction relating to
harassment or domestic violence issued by a court pursuant to this
section shall be issued on forms adopted by the Judicial Council of
California and that have been approved by the Department of Justice
pursuant to subdivision (i) of Section 6380 of the Family Code.
However, the fact that an order issued by a court pursuant to this
section was not issued on forms adopted by the Judicial Council and
approved by the Department of Justice shall not, in and of itself,
make the order unenforceable.
(o) Information on any temporary restraining order or injunction
relating to harassment or domestic violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with subdivision (b) of Section 6380 of the
Family Code.
(p) There is no filing fee for a petition that alleges that a
person has inflicted or threatened violence against an employee of
the petitioner, or stalked the employee, or acted or spoken in any
other manner that has placed the employee in reasonable fear of
violence, and that seeks a protective or restraining order or
injunction restraining stalking or future violence or threats of
violence, in any action brought pursuant to this section. No fee
shall be paid for a subpoena filed in connection with a petition
alleging these acts. No fee shall be paid for filing a response to a
petition alleging these acts.
(q) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process of a temporary restraining order or injunction to be
issued pursuant to this section if either of the following conditions
apply:
(A) The temporary restraining order or injunction issued pursuant
to this section is based upon stalking, as prohibited by Section
646.9 of the Penal Code.
(B) The temporary restraining order or injunction issued pursuant
to this section is based upon a credible threat of violence.
(2) The Judicial Council shall prepare and develop application
forms for applicants who wish to avail themselves of the services
described in this subdivision.
527.8. (a) Any employer, whose employee has suffered unlawful
violence or a credible threat of violence from any individual, that
can reasonably be construed to be carried out or to have been carried
out at the workplace, may seek a temporary restraining order and an
injunction on behalf of the employee and, at the discretion of the
court, any number of other employees at the workplace, and, if
appropriate, other employees at other workplaces of the employer.
(b) For the purposes of this section:
(1) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an employee to
or from the place of work; entering the workplace; following an
employee during hours of employment; making telephone calls to an
employee; or sending correspondence to an employee by any means,
including, but not limited to, the use of the public or private
mails, interoffice mail, fax, or computer e-mail.
(2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
(3) "Employer" and "employee" mean persons defined in Section 350
of the Labor Code. "Employer" also includes a federal agency, the
state, a state agency, a city, county, or district, and a private,
public, or quasi-public corporation, or any public agency thereof or
therein. "Employee" also includes the members of boards of directors
of private, public, and quasi-public corporations and elected and
appointed public officers. For purposes of this section only,
"employee" also includes a volunteer or independent contractor who
performs services for the employer at the employer's worksite.
(4) "Petitioner" means the employer that petitions under
subdivision (a) for a temporary restraining order and injunction.
(5) "Respondent" means the person against whom the temporary
restraining order and injunction are sought and, if the petition is
granted, the restrained person.
(6) "Temporary restraining order" and "injunction" mean orders
that include any of the following restraining orders, whether issued
ex parte or after notice and hearing:
(A) An order enjoining a party from harassing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, abusing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of the employee.
(B) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph (A).
(7) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.
(c) This section does not permit a court to issue a temporary
restraining order or injunction prohibiting speech or other
activities that are constitutionally protected, or otherwise
protected by Section 527.3 or any other provision of law.
(d) In the discretion of the court, on a showing of good cause, a
temporary restraining order or injunction issued under this section
may include other named family or household members, or other persons
employed at the employee's workplace or workplaces.
(e) Upon filing a petition for an injunction under this section,
the petitioner may obtain a temporary restraining order in accordance
with subdivision (a) of Section 527, if the petitioner also files a
declaration that, to the satisfaction of the court, shows reasonable
proof that an employee has suffered unlawful violence or a credible
threat of violence by the respondent, and that great or irreparable
harm would result to an employee. The temporary restraining order may
include any of the protective orders described in paragraph (6) of
subdivision (b).
(f) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court.
(g) A temporary restraining order granted under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 21 days, or if the court extends the time for hearing under
subdivision (h), not to exceed 25 days, unless otherwise modified or
terminated by the court.
(h) Within 21 days, or if good cause appears to the court, 25 days
from the date that a petition for a temporary order is granted or
denied, a hearing shall be held on the petition for the injunction.
If no request for temporary orders is made, the hearing shall be held
within 21 days, or, if good cause appears to the court, 25 days,
from the date that the petition is filed.
(i) The respondent may file a response that explains, excuses,
justifies, or denies the alleged unlawful violence or credible
threats of violence.
(j) At the hearing, the judge shall receive any testimony that is
relevant and may make an independent inquiry. Moreover, if the
respondent is a current employee of the entity requesting the
injunction, the judge shall receive evidence concerning the employer'
s decision to retain, terminate, or otherwise discipline the
respondent. If the judge finds by clear and convincing evidence that
the respondent engaged in unlawful violence or made a credible threat
of violence, an injunction shall issue prohibiting further unlawful
violence or threats of violence.
(k) (1) In the discretion of the court, an order issued after
notice and hearing under this section may have a duration of not more
than three years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years,
without a showing of any further violence or threats of violence
since the issuance of the original order, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party. The
request for renewal may be brought at any time within the three
months before the expiration of the order.
(2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
(l) This section does not preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
(m) Upon filing of a petition for an injunction under this
section, the respondent shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may, for good cause, on motion of the petitioner
or on its own motion, shorten the time for service on the respondent.
(n) A notice of hearing under this section shall notify the
respondent that, if he or she does not attend the hearing, the court
may make orders against him or her that could last up to three years.
(o) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing.
(2) The reis