Form CR-161 "Criminal Protective Order - Other Than Domestic Violence (Clets-cpo)" - California

What Is Form CR-161?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on January 1, 2017;
  • The latest edition provided by the California Superior Court;
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Download Form CR-161 "Criminal Protective Order - Other Than Domestic Violence (Clets-cpo)" - California

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CR-161
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PEOPLE OF THE STATE OF CALIFORNIA
vs.
DEFENDANT:
CRIMINAL PROTECTIVE ORDER—OTHER THAN DOMESTIC VIOLENCE
(CLETS - CPO)
(Pen. Code, §§ 136.2, 136.2(i)(1), and 646.9(k))
ORDER UNDER PENAL CODE, § 136.2
MODIFICATION
ORDER UNDER:
CASE NUMBER:
PENAL CODE, § 136.2(i)(1)
PENAL CODE, § 646.9(k)
PERSON TO BE RESTRAINED (complete name):
Sex:
M
F
Ht.:
Wt.:
Hair color:
Eye color:
Race:
Age:
Date of birth:
1.
This proceeding was heard on (date):
at (time):
in Dept.:
Room:
by judicial officer (name):
2. This order expires on
(date):
. If no date is listed, this order expires three years from date of issuance.
3.
Defendant was personally served with a copy of this order at the court hearing, and no additional proof of service of this order
is required.
4.
FULL NAME, AGE, AND GENDER OF EACH PROTECTED PERSON:
5.
The court has information that the defendant owns or has a firearm or ammunition, or both.
GOOD CAUSE APPEARING, THE COURT ORDERS THAT THE ABOVE-NAMED DEFENDANT
6.
must not harass, strike, threaten, assault (sexually or otherwise), follow, stalk, molest, destroy or damage personal or real property,
disturb the peace, keep under surveillance, or block movements of the protected persons named above.
7.
must not own, possess, buy or try to buy, receive or try to receive, or otherwise obtain a firearm or ammunition. The
defendant must surrender to local law enforcement, or sell to or store with a licensed gun dealer any firearm owned by
the defendant or subject to his or her immediate possession or control within 24 hours after service of this order and
must file a receipt with the court showing compliance with this order within 48 hours of receiving this order.
The court has made the necessary findings and applies the firearm relinquishment exemption under Code Civ. Proc.,
§ 527.9(f). The defendant is not required to relinquish this firearm (specify make, model, and serial number of firearm):
8.
must not attempt to or actually prevent or dissuade any victim or witness from attending a hearing or testifying or making a report to
any law enforcement agency or person.
9.
must take no action to obtain the addresses or locations of protected persons or their family members, caretakers, or guardian
The court finds good cause not to make the order in item 9.
unless good cause exists otherwise.
10.
must be placed on electronic monitoring for
(specify length of time):
. (Not to exceed one year
from the date of this order. Pen. Code, § 136.2(a)(1)(G)(iv), and Pen. Code, § 136.2(i)(2).)
11.
must have no personal, electronic, telephonic, or written contact with the protected persons named above.
12.
must have no contact with the protected persons named above through a third party, except an attorney of record.
13.
must not come within
yards of the protected persons named above.
14.
may have peaceful contact with the protected persons named above, as an exception to the "no-contact" or "stay-away"
provision in item 11, 12, or 13 of this order, only for the safe exchange of children and court-ordered visitation as stated in:
a.
the Family, Juvenile, or Probate court order in
case number:
issued on
(date):
b.
any Family, Juvenile, or Probate court order issued after the date this order is signed.
15.
The protected persons may record any prohibited communications made by the restrained person.
16.
Other orders including stay-away orders from specific locations:
Executed on:
Department/Division:
(SIGNATURE OF JUDICIAL OFFICER)
(DATE)
Form Adopted for Mandatory Use
Page 1 of 2
CRIMINAL PROTECTIVE ORDER—OTHER THAN DOMESTIC VIOLENCE
Judicial Council of California
Penal Code, §§ 136.2, 646.9(k),
(CLETS—CPO)
CR-161 [Rev. January 1, 2017]
and 136.2(i)(1)
Approved by Department of Justice
www.courts.ca.gov
CR-161
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PEOPLE OF THE STATE OF CALIFORNIA
vs.
DEFENDANT:
CRIMINAL PROTECTIVE ORDER—OTHER THAN DOMESTIC VIOLENCE
(CLETS - CPO)
(Pen. Code, §§ 136.2, 136.2(i)(1), and 646.9(k))
ORDER UNDER PENAL CODE, § 136.2
MODIFICATION
ORDER UNDER:
CASE NUMBER:
PENAL CODE, § 136.2(i)(1)
PENAL CODE, § 646.9(k)
PERSON TO BE RESTRAINED (complete name):
Sex:
M
F
Ht.:
Wt.:
Hair color:
Eye color:
Race:
Age:
Date of birth:
1.
This proceeding was heard on (date):
at (time):
in Dept.:
Room:
by judicial officer (name):
2. This order expires on
(date):
. If no date is listed, this order expires three years from date of issuance.
3.
Defendant was personally served with a copy of this order at the court hearing, and no additional proof of service of this order
is required.
4.
FULL NAME, AGE, AND GENDER OF EACH PROTECTED PERSON:
5.
The court has information that the defendant owns or has a firearm or ammunition, or both.
GOOD CAUSE APPEARING, THE COURT ORDERS THAT THE ABOVE-NAMED DEFENDANT
6.
must not harass, strike, threaten, assault (sexually or otherwise), follow, stalk, molest, destroy or damage personal or real property,
disturb the peace, keep under surveillance, or block movements of the protected persons named above.
7.
must not own, possess, buy or try to buy, receive or try to receive, or otherwise obtain a firearm or ammunition. The
defendant must surrender to local law enforcement, or sell to or store with a licensed gun dealer any firearm owned by
the defendant or subject to his or her immediate possession or control within 24 hours after service of this order and
must file a receipt with the court showing compliance with this order within 48 hours of receiving this order.
The court has made the necessary findings and applies the firearm relinquishment exemption under Code Civ. Proc.,
§ 527.9(f). The defendant is not required to relinquish this firearm (specify make, model, and serial number of firearm):
8.
must not attempt to or actually prevent or dissuade any victim or witness from attending a hearing or testifying or making a report to
any law enforcement agency or person.
9.
must take no action to obtain the addresses or locations of protected persons or their family members, caretakers, or guardian
The court finds good cause not to make the order in item 9.
unless good cause exists otherwise.
10.
must be placed on electronic monitoring for
(specify length of time):
. (Not to exceed one year
from the date of this order. Pen. Code, § 136.2(a)(1)(G)(iv), and Pen. Code, § 136.2(i)(2).)
11.
must have no personal, electronic, telephonic, or written contact with the protected persons named above.
12.
must have no contact with the protected persons named above through a third party, except an attorney of record.
13.
must not come within
yards of the protected persons named above.
14.
may have peaceful contact with the protected persons named above, as an exception to the "no-contact" or "stay-away"
provision in item 11, 12, or 13 of this order, only for the safe exchange of children and court-ordered visitation as stated in:
a.
the Family, Juvenile, or Probate court order in
case number:
issued on
(date):
b.
any Family, Juvenile, or Probate court order issued after the date this order is signed.
15.
The protected persons may record any prohibited communications made by the restrained person.
16.
Other orders including stay-away orders from specific locations:
Executed on:
Department/Division:
(SIGNATURE OF JUDICIAL OFFICER)
(DATE)
Form Adopted for Mandatory Use
Page 1 of 2
CRIMINAL PROTECTIVE ORDER—OTHER THAN DOMESTIC VIOLENCE
Judicial Council of California
Penal Code, §§ 136.2, 646.9(k),
(CLETS—CPO)
CR-161 [Rev. January 1, 2017]
and 136.2(i)(1)
Approved by Department of Justice
www.courts.ca.gov
CR-161
WARNINGS AND NOTICES
1. VIOLATION OF THE ORDER IS SUBJECT TO CRIMINAL PROSECUTION. Violation of this protective order may be punished as
a felony, a misdemeanor, or contempt of court.
2. NOTICE REGARDING FIREARMS. Any person subject to a protective order is prohibited from owning, possessing,
purchasing or attempting to purchase, receiving or attempting to receive, or otherwise obtaining a firearm. Such conduct
is subject to a $1,000 fine and imprisonment. The person subject to these orders must relinquish any firearms (by
surrendering the firearm to local law enforcement, or by selling or storing it with a licensed gun dealer) and not own or
possess any firearms during the period of the protective order. (Pen. Code, § 136.2(d).) Under federal law, the issuance of
a protective order after hearing will generally prohibit the restrained person from owning, accepting, transporting, or
possessing firearms or ammunition. A violation of this prohibition is a separate federal crime.
Specified defendants may request an exemption from the firearm relinquishment requirements stated in item 7 on page 1 of this
order. The court must check the box under item 7 to order an exemption from the firearm relinquishment requirements. If the
defendant can show that the firearm is necessary as a condition of continued employment, the court may grant an exemption for a
particular firearm to be in the defendant's possession only during work hours and while traveling to and from work. If a peace
officer's employment and personal safety depend on the ability to carry a firearm, a court may grant an exemption that allows the
officer to carry a firearm on or off duty, but only if the court finds, after a mandatory psychological examination of the peace officer,
that the officer does not pose a threat of harm. (Code Civ. Proc., § 527.9(f).)
3. ENFORCING THIS ORDER IN CALIFORNIA
• This order must be enforced in California by any law enforcement agency that has received the order or is shown a copy of the
order or has verified its existence on the California Law Enforcement Telecommunications System (CLETS).
• Law enforcement must determine whether the restrained person had notice of the order. If notice cannot be verified, law
enforcement must advise the restrained person of the terms of the order and, if the restrained person fails to comply, must
enforce it. (Code Civil Proc., § 527.6.)
4. CONFLICTING ORDERS-PRIORITIES FOR ENFORCEMENT
If more than one restraining order has been issued, the orders must be enforced according to the following priorities:
a. Emergency Protective Order: If one of the orders is an Emergency Protective Order (form EPO-001) and is more restrictive than
other restraining or protective orders, it has precedence in enforcement over all other orders. (Pen. Code, § 136.2(c)(1)(A).)
b. No-Contact Order: If there is no EPO, a no-contact order that is included in a restraining or protective order has precedence in
enforcement over any other restraining or protective order.
c. Criminal Order: If none of the orders include a no-contact order, a domestic violence protective order issued in a criminal case
takes precedence in enforcement over any conflicting civil court order. (Pen. Code, § 136.2(e)(2).) Any nonconflicting terms of the
civil restraining order remain in effect and enforceable.
d. Family, Juvenile, or Civil Order: If more than one family, juvenile, or other civil restraining or protective order has been issued,
the one that was issued last must be enforced.
5. EFFECTIVE DATE AND EXPIRATION DATE OF ORDERS
• These orders are effective as of the date they were issued by a judicial officer.
• These orders expire as ordered in item 2 on page 1 of this order, or as explained below.
• Orders under Penal Code section 136.2(a) are valid as long as the court has jurisdiction over the case. They are not valid after
imposition of a county jail or state prison commitment. (See People v. Stone (2004) 123 Cal.App.4th 153.)
• Orders issued under Penal Code sections 136.2(i)(1) and 646.9(k) are valid for up to 10 years and may be issued by the court
whether the defendant is sentenced to state prison or county jail, or subject to mandatory supervision, or if imposition of sentence
is suspended and the defendant is placed on probation.
• To terminate this protective order, courts should use form CR-165, Notice of Termination of Protective Order in Criminal
Proceeding (CLETS).
6. CHILD CUSTODY AND VISITATION
• Child custody and visitation orders may be established or modified in Family, Juvenile, or Probate court.
• Unless box a or b in item 14 on page 1 is checked, contact between the restrained and protected persons permitted by a Family,
Juvenile, or Probate court order for child custody or visitation must not conflict with the provisions of this order.
• If box a or b in item 14 on page 1 is checked, the restrained and protected persons should always carry a certified copy of the
most recent child custody or visitation order issued by the Family, Juvenile, or Probate court.
CR-161 [Rev. January 1, 2017]
CRIMINAL PROTECTIVE ORDER—OTHER THAN DOMESTIC VIOLENCE
Page 2 of 2
(CLETS—CPO)
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