Mendocino County Grand Jury
• 2001-2002
Domestic Violence Restraining Orders The Grand Jury investigated the process by which a person subject to domestic
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 9 findings
F1
A person wishing to obtain a Restraining Order must first apply for an ex-parte court hearing for a Temporary Restraining Order. An applicant must present a typewritten application on the day of the scheduled hearing. There is no filing fee, but applicants are subject to court fees and costs, unless granted a waiver.
No recommendations for this finding
F2
The judge signs the Temporary Restraining Order after the ex-parte hearing and the applicant takes the signed order to the Superior Court Clerk who provides the applicant with five certified copies of the order.
No recommendations for this finding
F3
The applicant must then arrange for service of the order. Any person over 18 years of age can serve the order on the restrained person. Alternatively, a police officer or Sheriff’s deputy can perform that function, but the applicant must take it to the appropriate office to arrange for that service.
No recommendations for this finding
F4
At the Sheriff’s office, a clerk enters the order into the California Law Enforcement Tracking System (CLETS) computer so that information about it is available to officers who might need it. If the order doesn’t get to the Sheriff’s office, the information does not get into CLETS.
No recommendations for this finding
F5
Only law enforcement agencies and the District Attorney have access to CLETS. The Court has neither the personnel nor the secure work-station required to interact with CLETS.
No recommendations for this finding
F6
The Restraining Order process breaks down when applicants, confused or otherwise unclear about the system, fail to get the order to the Sheriff, with the result that the order is not in CLETS and officers have no information available when called out to deal with a person in violation of the order.
No recommendations for this finding
F7
Besides the Temporary Restraining Order, an applicant can get an Emergency Protective Order, good for three days. A police officer on the scene contacts an on-call judge in circumstances, which, in the officer’s judgment, warrant quick action. The judge authorizes the Emergency Protective Order, and the officer takes or faxes a hard copy to dispatch for immediate entry into CLETS.
No recommendations for this finding
F8
If an applicant calls police to report a violation of an order, an officer can make a misdemeanor arrest on the spot if the officer observes the violation or if there is a warrant. Also, after speaking with aggrieved party, neighbors, or other witnesses, the officer may arrest after determining there is probable cause to believe someone has violated an order.
No recommendations for this finding
F9
When an Restraining Order lapses or is lifted by request of the plaintiff or defendant, the Court informs the Sheriff, who enters that information into CLETS.
No recommendations for this finding
Comments 1
-
CO1The Grand Jury suggests that the Court cooperate with law enforcement agencies to deliver orders expediently. Response Required Mendocino County Sheriff Fort Bragg City Council Ukiah City Council Willits City Council Response Requested City of Fort Bragg Police Chief City of Ukiah Police Chief City of Willits Police Chief 2001-2002 Mendocino County Grand Jury Final Report 54
No Responses Found 4
Government entities assigned to respond to this report. No response documents have been linked in our database.