(a) Notwithstanding any other law, a judicial officer may issue an ex parte emergency protective order if a peace officer, as defined in Section 830.1, 830.2, 830.32, or subdivision (a) of Section 830.33, asserts reasonable grounds to believe that a person is in immediate and present danger of stalking based upon the personâs allegation that he or she has been willfully, maliciously, and repeatedly followed or harassed by another person who has made a credible threat with the intent of placing the person who is the target of the threat in reasonable fear for his or her safety, or the safety of his or her immediate family, within the meaning of Section 646.9. (b) A peace officer who requests an emergency protective order shall reduce the order to writing and sign it. (c) An emergency protective order shall include all of the following: (1) A statement of the grounds asserted for the order. (2) The date and time the order expires. (3) The address of the superior court for the district or county in which the protected party resides. (4) The following statements, which shall be printed in English and Spanish: (A) âTo the protected person: This order will last until the date and time noted above. If you wish to seek continuing protection, you will have to apply for an order from the court at the address noted above. You may seek the advice of an attorney as to any matter connected with your application for any future court orders. The attorney should be consulted promptly so that the attorney may assist you in making your application.â (B) âTo the restrained person: This order will last until the date and time noted above. The protected party may, however, obtain a more permanent restraining order from the court. You may seek the advice of an attorney as to any matter connected with the application. The attorney should be consulted promptly so that the attorney may assist you in responding to the application. You may not own, possess, purchase, or receive, or attempt to purchase or receive, a firearm while this order is in effect.â (d) An emergency protective order may be issued under this section only if the judicial officer finds both of the following: (1) That reasonable grounds have been asserted to believe that an immediate and present danger of stalking, as defined in Section 646.9, exists. (2) That an emergency protective order is necessary to prevent the occurrence or reoccurrence of the stalking activity. (e) An emergency protective order may include either of the following specific orders as appropriate: (1) A harassment protective order as described in Section 527.6 of the Code of Civil Procedure. (2) A workplace violence protective order as described in Section 527.8 of the Code of Civil Procedure. (f) An emergency protective order shall be issued without prejudice to any person. (g) An emergency protective order expires at the earlier of the following times: (1) The close of judicial business on the fifth court day following the day of its issuance. (2) The seventh calendar day following the day of its issuance. (h) A peace officer who requests an emergency protective order shall do all of the following: (1) Serve the order on the restrained person, if the restrained person can reasonably be located. (2) Give a copy of the order to the protected person, or, if the protected person is a minor child, to a parent or guardian of the protected child if the parent or guardian can reasonably be located, or to a person having temporary custody of the child. (3) File a copy of the order with the court as soon as practicable after issuance. (4) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. (i) A peace officer shall use every reasonable means to enforce an emergency protective order. (j) A peace officer who acts in good faith to enforce an emergency protective order is not civilly or criminally liable. (k) A peace officer described
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