Criminal [Temporary] Restraining Orders RO/TRO

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·         The penalty for stalking is imprisonment for up to a year and/or a fine of up to $1,000. If the stalker pursues the same person in violation of a court restraining order, the sentence can be increased from two to four years of imprisonment. Additional penalties can be assessed if the stalker continues stalking his victim despite restraining orders prohibiting the stalking.

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Definition of Harassment Stalking Law in California |**make it immediate TRO, not 3 weeks? For any and all victim crimes, harass&privacyProtective order (order of protection) Subd. 1.Restraining order; jurisdiction. 1 Year min and max 5 with option to extend every 5 years.A person who is a victim of harassment may seek a restraining order from the district court in the manner provided in this section. The parent, guardian, or stepparent of a minor who is a victim of harassment may seek a restraining order from the district court on behalf of the minor.Subd. 2.Contents of petition; hearing; notice.(a) A petition for relief must allege facts sufficient to show the following:(1) the name of the alleged harassment victim;(2) the name of the respondent; and(3) that the respondent has engaged in harassment.Subd. 3a  Filing fee; cost of service.

The filing fees for a restraining order under this section are waived for the petitioner, if the petition alleges (and signs an affidavit (violating the affidavit would be an anutomatic 2-5 years in prison and unequivocal white-collar felony (and double (2 counts) for any/all law officers) acts that would constitute a violation of any/all ????

 The court administrator and the sheriff of any county in this state shall perform their duties relating to service of process without charge to the petitioner. The court shall direct payment of the reasonable costs of service of process if served by a private process server when the sheriff is unavailable or if service is made by publication.

Subd. 4.Temporary restraining order. (until court date or with agreed parties via arbitrator)(a) The court may issue a temporary restraining order ordering the respondent to cease or avoid the harassment of another person or to have no contact with that person if the petitioner files a petition in compliance with subdivision 3 and if the court finds reasonable grounds to believe that the respondent has engaged in harassment. When a petition alleges harassment as defined by subdivision 1, paragraph (a), clause (1), the petition must further allege an immediate and present danger of harassment before the court may issue a temporary restraining order under this section. When signed by a referee, the temporary order becomes effective upon the referee's signature.

filing fees waived. Any restraining order (state can charge restrained)

just as with victim’s compensation program

After court finds guilty and/or a plea bargain was given the victim has the option to extend TRO/RO 5 more years and every 5 years thereafter after the court notifying the victim and sending them the form for an option to extend RO.

**crimes against the person**  Any Protection/Restraining (Temporary or otherwise) order issued by another jurisdiction”, an injunction or other order issued by a court of another state, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or a tribal court that is issued for the purpose of preventing violent or threatening acts, abuse or harassment against, or contact or communication with or physical proximity to another person, including temporary and final orders issued by civil and criminal courts filed by or on behalf of a person seeking protection. The state of California and local law enforcement shall recognize and enforce any and all protection/restraining orders while in force despite geography in order to protrect and serve the safety in the community to the fullest degree.

Also the difference of a perpetrator/harasser using the police to harass you, which shouldn’t happen, as they need enough to go on and understand that the person being harassed is in fact

being harassed.  Either way there should be an arrest or some kind of explicit temporary restraining order that the police officer can implement providing both parties agree to it.

1.       Restraining Orders and victims’ distress whatever.A) "Harassment" includes:(1) a single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, well-being, or privacy of another, regardless of the relationship between the actor and the intended target;(2) targeted residential picketing; and(3) a pattern of attending public events after being notified that the actor's presence at the event is harassing to another.B) "Respondent" includes any adults or juveniles alleged to have engaged in harassment or organizations alleged to have sponsored or promoted harassment.C) "Targeted residential picketing" includes the following acts when committed on more than one occasion:(1) marching, standing, or patrolling by one or more persons directed solely at a particular residential building in a manner that adversely affects the safety, security, or privacy of an occupant of the building; or(2) marching, standing, or patrolling by one or more persons which prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located.Make sure “in the case of”    religious, doctor *homeless


Notification Request

·         California law allows a victim, any family member or witness to a stalking crime to ask law enforcement officials to notify them by phone or mail 15 days prior to the release of a convicted stalker from prison or jail. Interested parties who wish to be notified of the release of the stalker must provide the local police agency with their current mailing address and phone number.

Suppress Records

·         Victims may also request the suppression of automobile registration and driver's license records so that only court, government, law enforcement officials and insurance companies have access.