How do I report a violation of a restraining order to the police in California to ensure it is documented and enforced?
To report a restraining order violation, you must call the police, provide the specific details of your court order, and give the officers a clear account and evidence of the violation to ensure an official police report is filed.
Step 1: Call the Police
If you are in immediate danger, call 911. If the violation has already occurred and you are not in present danger, call your local police department's non-emergency phone number. Tell the dispatcher that you are a protected person under a restraining order and that the order has been violated.
Step 2: Provide Your Restraining Order Information
When the police arrive, provide them with a copy of your restraining order. While the order should be registered in the California Law Enforcement Telecommunications System (CLETS) per Family Code Section 6380, having your own copy makes verification faster and easier for the officers.
Step 3: Clearly Describe the Violation
Explain exactly what the restrained person did to violate the order. Be specific with the date, time, location, and the actions taken. For example, state "He came within 50 yards of my workplace at 3:00 PM today," or "She sent me threatening text messages this morning." This detail is needed to show a willful violation of the court order, as required by Penal Code 273.6.
Step 4: Give Evidence to the Officers
Show the police any proof you have. This can include screenshots of text messages or emails, recordings of voicemails, photographs, or video recordings. If anyone witnessed the violation, provide their name and contact information to the officers.
Step 5: Request a Police Report
Insist that the officers write an official police report documenting the incident. Before they leave, ask for the police report number. This report is the official record of the violation and is essential for the District Attorney's review and any future court hearings.
Important details and nuances:
Under Penal Code Section 836(c)(1), law enforcement has the authority to arrest a person without a warrant when they have probable cause to believe a protective order has been violated. The police report will be forwarded to the District Attorney's office, which will decide whether to press criminal charges.
Warnings and limitations:
The police may not make an arrest unless they believe there is sufficient evidence (probable cause) of a willful violation. It is critical to document every single violation in a personal journal, even if you do not report it, as this can show a pattern of harassment to the court later.
This is general information and does not constitute legal advice. For complex situations, or if you feel your reports are not being taken seriously, you should consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Criminal Law
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