California Code, Penal Code - PEN 136.2 - FindLaw

California Code, Penal Code - PEN § 136.2 | FindLaw https://codes.findlaw.com/ca/penal-code/pen-sect-136-2.
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(a)(1) Upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has Select a Job Title
code/pen- code/pen-
occurred or is reasonably likely to occur, a court with jurisdiction over a criminal matter may issue Attorney
sect-136-1.html)
orders, including, but not limited to, the following: sect-136-3.html)
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(A) An order issued pursuant to Section 6320 of the Family Code (https://1.next.westlaw.com
Judicial Clerk
/Link/Document/FullText?findType=L&originatingContext=document&
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transitionType=DocumentItem&pubNum=1003409&refType=LQ&
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originatingDoc=I8cd09c90029311e8a13abc20c26ca1ec&cite=CAFAMS6320) . Law Librarian
(B) An order that a defendant shall not violate any provision of Section 136.1
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originatingContext=document&transitionType=DocumentItem&pubNum=1000217&refType=LQ& (https://careers.f indlaw.com/)
originatingDoc=I8cd09c91029311e8a13abc20c26ca1ec&cite=CAPES136.1) .
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(C) An order that a person before the court other than a defendant, including, but not limited to, a
subpoenaed witness or other person entering the courtroom of the court, shall not violate any
provision of Section 136.1 (https://1.next.westlaw.com/Link/Document/FullText?findType=L&
originatingContext=document&transitionType=DocumentItem&pubNum=1000217&refType=LQ&
originatingDoc=I8cd0c3a0029311e8a13abc20c26ca1ec&cite=CAPES136.1) .
(D) An order that a person described in this section shall have no communication whatsoever with a
specified witness or a victim, except through an attorney under reasonable restrictions that the court
may impose.
(E) An order calling for a hearing to determine if an order as described in subparagraphs (A) to (D),
inclusive, should be issued.
(F)(i) An order that a particular law enforcement agency within the jurisdiction of the court
provide protection for a victim or a witness, or both, or for immediate family members of a
victim or a witness who reside in the same household as the victim or witness or within
reasonable proximity of the victim's or witness' household, as determined by the court. The
order shall not be made without the consent of the law enforcement agency except for limited
and specified periods of time and upon an express finding by the court of a clear and present
danger of harm to the victim or witness or immediate family members of the victim or witness.
(ii) For purposes of this paragraph, “immediate family members” include the spouse, children,
or parents of the victim or witness.
(G)(i) An order protecting a victim or witness of violent crime from all contact by the defendant,
or contact, with the intent to annoy, harass, threaten, or commit acts of violence, by the
defendant. The court or its designee shall transmit orders made under this paragraph to law
1 of 7 8/20/2018, 4:16 PM
California Code, Penal Code - PEN § 136.2 | FindLaw https://codes.findlaw.com/ca/penal-code/pen-sect-136-2.html
enforcement personnel within one business day of the issuance, modification, extension, or
termination of the order, pursuant to subdivision (a) of Section 6380 of the Family Code
originatingContext=document&transitionType=DocumentItem&pubNum=1003409&
refType=SP&originatingDoc=I8cd111c0029311e8a13abc20c26ca1ec&cite=CAFAMS6380) . It is
the responsibility of the court to transmit the modification, extension, or termination orders
made under this paragraph to the same agency that entered the original protective order into the
Domestic Violence Restraining Order System.
(ii)(I) If a court does not issue an order pursuant to clause (i) in a case in which the
defendant is charged with a crime involving domestic violence as defined in Section 13700
refType=LQ&originatingDoc=I8cd111c2029311e8a13abc20c26ca1ec&cite=CAPES13700) or
in Section 6211 of the Family Code (https://1.next.westlaw.com/Link/Document
/FullText?findType=L&originatingContext=document&transitionType=DocumentItem&
pubNum=1003409&refType=LQ&originatingDoc=I8cd111c1029311e8a13abc20c26ca1ec&
cite=CAFAMS6211) , the court on its own motion shall consider issuing a protective order
upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness
has occurred or is reasonably likely to occur, that provides as follows:
(ia) The defendant shall not own, possess, purchase, receive, or attempt to purchase or
receive, a firearm while the protective order is in effect.
(ib) The defendant shall relinquish any firearms that he or she owns or possesses
pursuant to Section 527.9 of the Code of Civil Procedure (https://1.next.westlaw.com
originatingDoc=I8cd138d0029311e8a13abc20c26ca1ec&cite=CACPS527.9) .
(II) Every person who owns, possesses, purchases, or receives, or attempts to purchase or
receive, a firearm while this protective order is in effect is punishable pursuant to Section
29825 (https://1.next.westlaw.com/Link/Document/FullText?findType=L&
refType=LQ&originatingDoc=I8cd15fe0029311e8a13abc20c26ca1ec&cite=CAPES29825) .
(iii) An order issued, modified, extended, or terminated by a court pursuant to this

subparagraph shall be issued on forms adopted by the Judicial Council of California that have
been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the
Family Code (https://1.next.westlaw.com/Link/Document/FullText?findType=L&
refType=SP&originatingDoc=I8cd186f0029311e8a13abc20c26ca1ec&cite=CAFAMS6380) .
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.
(iv) A protective order issued under this subparagraph may require the defendant to be placed
on electronic monitoring if the local government, with the concurrence of the county sheriff or
the chief probation officer with jurisdiction, adopts a policy to authorize electronic monitoring of
defendants and specifies the agency with jurisdiction for this purpose. If the court determines
that the defendant has the ability to pay for the monitoring program, the court shall order the
defendant to pay for the monitoring. If the court determines that the defendant does not have
the ability to pay for the electronic monitoring, the court may order electronic monitoring to be
paid for by the local government that adopted the policy to authorize electronic monitoring. The
duration of electronic monitoring shall not exceed one year from the date the order is issued. At
no time shall the electronic monitoring be in place if the protective order is not in place.
(2) For purposes of this subdivision, a minor who was not a victim of, but who was physically present at
the time of, an act of domestic violence, is a witness and is deemed to have suffered harm within the
meaning of paragraph (1).
(b) A person violating an order made pursuant to subparagraphs (A) to (G), inclusive, of paragraph (1) of
subdivision (a) may be punished for any substantive offense described in Section 136.1
(https://1.next.westlaw.com/Link/Document/FullText?findType=L&originatingContext=document&
originatingDoc=I8cd1ae00029311e8a13abc20c26ca1ec&cite=CAPES136.1) , or for a contempt of the court
making the order. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1
originatingDoc=I8cd1ae01029311e8a13abc20c26ca1ec&cite=CAPES136.1) . However, a person so held in
contempt shall be entitled to credit for punishment imposed therein against a sentence imposed upon
conviction of an offense described in Section 136.1 (https://1.next.westlaw.com/Link/Document
2 of 7 8/20/2018, 4:16 PM
pubNum=1000217&refType=LQ&originatingDoc=I8cd1ae02029311e8a13abc20c26ca1ec&
cite=CAPES136.1) . A conviction or acquittal for a substantive offense under Section 136.1
originatingDoc=I8cd1ae03029311e8a13abc20c26ca1ec&cite=CAPES136.1) shall be a bar to a subsequent
punishment for contempt arising out of the same act.
(c)(1)(A) Notwithstanding subdivision (e), an emergency protective order issued pursuant to

Chapter 2 (commencing with Section 6250 (https://1.next.westlaw.com/Link/Document
pubNum=1003409&refType=LQ&originatingDoc=I8cd1d510029311e8a13abc20c26ca1ec&
cite=CAFAMS6250) ) of Part 3 of Division 10 of the Family Code or Section 646.91
originatingDoc=I8cd1d511029311e8a13abc20c26ca1ec&cite=CAPES646.91) shall have precedence
in enforcement over any other restraining or protective order, provided the emergency protective
order meets all of the following requirements:
(i) The emergency protective order is issued to protect one or more individuals who are already
protected persons under another restraining or protective order.
(ii) The emergency protective order restrains the individual who is the restrained person in the
other restraining or protective order specified in clause (i).
(iii) The provisions of the emergency protective order are more restrictive in relation to the
restrained person than are the provisions of the other restraining or protective order specified in
clause (i).
(B) An emergency protective order that meets the requirements of subparagraph (A) shall have
precedence in enforcement over the provisions of any other restraining or protective order only with
respect to those provisions of the emergency protective order that are more restrictive in relation to
the restrained person.
(2) Except as described in paragraph (1), a no-contact order, as described in Section 6320 of the Family
Code (https://1.next.westlaw.com/Link/Document/FullText?findType=L&
originatingDoc=I8cd22330029311e8a13abc20c26ca1ec&cite=CAFAMS6320) , shall have precedence in
enforcement over any other restraining or protective order.
(d)(1) A person subject to a protective order issued under this section shall not own, possess, purchase,
or 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 of the Code of Civil Procedure
originatingDoc=I8cd24a40029311e8a13abc20c26ca1ec&cite=CACPS527.9) .
(3) A 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 Section 29825
originatingDoc=I8cd24a41029311e8a13abc20c26ca1ec&cite=CAPES29825) .
(e)(1) In all cases in which the defendant is charged with a crime involving domestic violence, as
defined in Section 13700 (https://1.next.westlaw.com/Link/Document/FullText?findType=L&
originatingDoc=I8cd27151029311e8a13abc20c26ca1ec&cite=CAPES13700) or in Section 6211 of the
originatingDoc=I8cd27150029311e8a13abc20c26ca1ec&cite=CAFAMS6211) , or a violation of Section
261 (https://1.next.westlaw.com/Link/Document/FullText?findType=L&
originatingDoc=I8cd27152029311e8a13abc20c26ca1ec&cite=CAPES261) , 261.5
originatingDoc=I8cd27153029311e8a13abc20c26ca1ec&cite=CAPES261.5) , or 262
originatingDoc=I8cd27154029311e8a13abc20c26ca1ec&cite=CAPES262) , or any crime that requires
the defendant to register pursuant to subdivision (c) of Section 290 (https://1.next.westlaw.com
transitionType=DocumentItem&pubNum=1000217&refType=SP&
originatingDoc=I8cd27155029311e8a13abc20c26ca1ec&cite=CAPES290) , the court shall consider
3 of 7 8/20/2018, 4:16 PM
issuing the above-described orders on its own motion. All interested parties shall receive a copy of
those orders. In order to facilitate this, the court's records of all criminal cases involving domestic
violence or a violation of Section 261 (https://1.next.westlaw.com/Link/Document
pubNum=1000217&refType=LQ&originatingDoc=I8cd27156029311e8a13abc20c26ca1ec&
cite=CAPES261) , 261.5 (https://1.next.westlaw.com/Link/Document/FullText?findType=L&
originatingDoc=I8cd27159029311e8a13abc20c26ca1ec&cite=CAPES290) , shall be marked to clearly
alert the court to this issue.
(2) In those cases in which a complaint, information, or indictment charging a crime involving
domestic violence, as defined in Section 13700 (https://1.next.westlaw.com/Link/Document
cite=CAPES13700) or in Section 6211 of the Family Code (https://1.next.westlaw.com/Link/Document
cite=CAFAMS6211) , or a violation of Section 261 (https://1.next.westlaw.com/Link/Document
originatingDoc=I8cd29865029311e8a13abc20c26ca1ec&cite=CAPES290) , has been issued, except as
described in subdivision (c), a restraining order or protective order against the defendant issued by the
criminal court in that case has precedence in enforcement over a civil court order against the defendant.
(3) Custody and visitation with respect to the defendant and his or her minor children may be ordered
by a family or juvenile court consistent with the protocol established pursuant to subdivision (f), but if
ordered after a criminal protective order has been issued pursuant to this section, the custody and
visitation order shall make reference to, and, if there is not an emergency protective order that has
precedence in enforcement pursuant to paragraph (1) of subdivision (c), or a no-contact order, as
described in Section 6320 of the Family Code (https://1.next.westlaw.com/Link/Document
pubNum=1003409&refType=LQ&originatingDoc=I8cd2bf70029311e8a13abc20c26ca1ec&
cite=CAFAMS6320) , acknowledge the precedence of enforcement of, an appropriate criminal
protective order. On or before July 1, 2014, the Judicial Council shall modify the criminal and civil
court forms consistent with this subdivision.
(f) On or before January 1, 2003, the Judicial Council shall promulgate a protocol, for adoption by each
local court in substantially similar terms, to provide for the timely coordination of all orders against the
same defendant and in favor of the same named victim or victims. The protocol shall include, but shall not
be limited to, mechanisms for ensuring appropriate communication and information sharing between
criminal, family, and juvenile courts concerning orders and cases that involve the same parties, and shall
permit a family or juvenile court order to coexist with a criminal court protective order subject to the
following conditions:
(1) An order that permits contact between the restrained person and his or her children shall provide
for the safe exchange of the children and shall not contain language either printed or handwritten that
violates a “no-contact order” issued by a criminal court.
(2) The safety of all parties shall be the courts' paramount concern. The family or juvenile court shall
specify the time, day, place, and manner of transfer of the child, as provided in Section 3100 of the
originatingDoc=I8cd2e680029311e8a13abc20c26ca1ec&cite=CAFAMS3100) .
(g) On or before January 1, 2003, the Judicial Council shall modify the criminal and civil court protective
order forms consistent with this section.
4 of 7 8/20/2018, 4:16 PM
(h)(1) In any case in which a complaint, information, or indictment charging a crime involving
domestic violence, as defined in Section 13700 (https://1.next.westlaw.com/Link/Document
cite=CAFAMS6211) , has been filed, the court may consider, in determining whether good cause exists
to issue an order under subparagraph (A) of paragraph (1) of subdivision (a), the underlying nature of
the offense charged, and the information provided to the court pursuant to Section 273.75
originatingDoc=I8cd30d92029311e8a13abc20c26ca1ec&cite=CAPES273.75) .
(2) In any case in which a complaint, information, or indictment charging a violation of Section 261
originatingDoc=I8cd334a0029311e8a13abc20c26ca1ec&cite=CAPES261) , 261.5
originatingDoc=I8cd334a1029311e8a13abc20c26ca1ec&cite=CAPES261.5) , or 262
originatingDoc=I8cd334a2029311e8a13abc20c26ca1ec&cite=CAPES262) , or any crime that requires
originatingDoc=I8cd334a3029311e8a13abc20c26ca1ec&cite=CAPES290) , has been filed, the court
may consider, in determining whether good cause exists to issue an order under paragraph (1) of
subdivision (a), the underlying nature of the offense charged, the defendant's relationship to the victim,
the likelihood of continuing harm to the victim, any current restraining order or protective order issued
by any civil or criminal court involving the defendant, and the defendant's criminal history, including,
but not limited to, prior convictions for a violation of Section 261 (https://1.next.westlaw.com
originatingDoc=I8cd334a4029311e8a13abc20c26ca1ec&cite=CAPES261) , 261.5
originatingDoc=I8cd334a5029311e8a13abc20c26ca1ec&cite=CAPES261.5) , or 262
originatingDoc=I8cd334a6029311e8a13abc20c26ca1ec&cite=CAPES262) , a crime that requires the
defendant to register pursuant to subdivision (c) of Section 290 (https://1.next.westlaw.com
originatingDoc=I8cd334a7029311e8a13abc20c26ca1ec&cite=CAPES290) , any other forms of violence,
or any weapons offense.
(i)(1) In all cases in which a criminal defendant has been convicted of a crime involving domestic
violence as defined in Section 13700 (https://1.next.westlaw.com/Link/Document
pubNum=1000217&refType=LQ&originatingDoc=I8cd35bb1029311e8a13abc20c26ca1ec&
cite=CAFAMS6211) , a violation of Section 261 (https://1.next.westlaw.com/Link/Document
originatingDoc=I8cd35bb3029311e8a13abc20c26ca1ec&cite=CAPES261.5) , or 262
originatingDoc=I8cd35bb4029311e8a13abc20c26ca1ec&cite=CAPES262) , a violation of Section 186.22
originatingDoc=I8cd35bb5029311e8a13abc20c26ca1ec&cite=CAPES186.22) , or a crime that requires
5 of 7 8/20/2018, 4:16 PM
originatingDoc=I8cd35bb6029311e8a13abc20c26ca1ec&cite=CAPES290) , the court, at the time of
sentencing, shall consider issuing an order restraining the defendant from any contact with a victim of
the crime. The order may be valid for up to 10 years, as determined by the court. This protective order
may be issued by the court regardless of whether the defendant is sentenced to the state prison or a
county jail or subject to mandatory supervision, or whether imposition of sentence is suspended and the
defendant is placed on probation. It is the intent of the Legislature in enacting this subdivision that the
duration of any restraining order issued by the court be based upon the seriousness of the facts before
the court, the probability of future violations, and the safety of a victim and his or her immediate family.
(2) In all cases in which a criminal defendant has been convicted of a crime involving domestic violence
as defined in Section 13700 (https://1.next.westlaw.com/Link/Document/FullText?findType=L&
originatingDoc=I8cd382c2029311e8a13abc20c26ca1ec&cite=CAPES13700) or in Section 6211 of the
originatingDoc=I8cd382c0029311e8a13abc20c26ca1ec&cite=CAFAMS6211) , a violation of Section 261
originatingDoc=I8cd382c3029311e8a13abc20c26ca1ec&cite=CAPES261) , 261.5
originatingDoc=I8cd382c4029311e8a13abc20c26ca1ec&cite=CAPES261.5) , or 262
originatingDoc=I8cd382c5029311e8a13abc20c26ca1ec&cite=CAPES262) , a violation of Section 186.22
originatingDoc=I8cd382c6029311e8a13abc20c26ca1ec&cite=CAPES186.22) , or a crime that requires
originatingDoc=I8cd382c7029311e8a13abc20c26ca1ec&cite=CAPES290) , the court, at the time of
sentencing, shall consider issuing an order restraining the defendant from any contact with a percipient
witness to the crime if it can be established by clear and convincing evidence that the witness has been
harassed, as defined in paragraph (3) of subdivision (b) of Section 527.6 of the Code of Civil Procedure
originatingDoc=I8cd382c1029311e8a13abc20c26ca1ec&cite=CACPS527.6) , by the defendant.
(3) An order under this subdivision may include provisions for electronic monitoring if the local
government, upon receiving the concurrence of the county sheriff or the chief probation officer with
jurisdiction, adopts a policy authorizing electronic monitoring of defendants and specifies the agency
with jurisdiction for this purpose. If the court determines that the defendant has the ability to pay for
the monitoring program, the court shall order the defendant to pay for the monitoring. If the court
determines that the defendant does not have the ability to pay for the electronic monitoring, the court
may order the electronic monitoring to be paid for by the local government that adopted the policy
authorizing electronic monitoring. The duration of the electronic monitoring shall not exceed one year
from the date the order is issued.
(j) For purposes of this section, “local government” means the county that has jurisdiction over the
protective order.
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(iii) An order issued, modified, extended, or terminated by a court pursuant to this

(c)(1)(A) Notwithstanding subdivision (e), an emergency protective order issued pursuant to

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