Cal. Civ. Proc. Code § 527.12
Injunction
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2025
As of January 1, 2015
(a) A property owner, or an agent of the property owner, may execute a “Declaration of Ownership” that includes language substantially similar to the language below and file it with the local law enforcement agency of the jurisdiction in which the property is located. If the property owner, or the agent of the property owner, files the declaration with the local law enforcement agency, he or she shall also post the declaration on the unoccupied residential property listed in the declaration.
“DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL PROPERTY
I, ____________________, declare and state: I make this declaration based upon my own personal knowledge.
1. I am the owner___, or the agent of the owner___(check one), of the residential property located at _____________________, California (“Property”).
2. Submitted with this declaration, and incorporated herein by reference, is a true and correct copy of the deed by which I obtained ownership of the Property.
3. Since obtaining ownership of the Property, no ownership interest in the Property has been conveyed or transferred to any other person or entity.
4. At the time of obtaining ownership of the Property, no person was occupying the Property and no ownership interest or right of possession in the Property has been conveyed or transferred to any other person or entity.
5. As of the present date, there are no persons authorized by me or my agent to reside within the Property. Any persons residing on this Property are doing so without any express or implied authorization from me or my agent.
6. I have not entered into any form of lease arrangement, rental agreement, or given any consent whatsoever to any persons to reside within the Property.
7. I will advise the local law enforcement agency if there is any change in the status of the Property and an occupancy is authorized by me or my agent.
8. I declare under penalty of perjury that the foregoing is true and correct.
EXECUTED on _________________________________, at _______________________, California”
(b) Notwithstanding Section 47 of the Civil Code, a property owner, or agent thereof, who files a declaration pursuant to this section that includes false information regarding the right to possess the property is liable to any person who, as a result of the declaration, is caused to vacate the property, for reasonable attorney’s fees, special damages not to exceed $2,000, and all damages resulting from the person having to vacate the property.
(c) This section applies only to one- to four-unit residences in the Cities of Palmdale and Lancaster in the County of Los Angeles and the City of Ukiah in the County of Mendocino.
(d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(a) A peace officer shall, upon the request of a petitioner, serve any temporary restraining order, order after hearing, or protective order issued pursuant to Sections 527.6, 527.8, and 527.85, Section 136.2 of the Penal Code, or Section 15657.03 of the Welfare and Institutions Code, on the respondent, whether or not the respondent has been taken into custody.
(b) (1) The petitioner shall provide the peace officer with an endorsed copy of the order and the officer shall complete and transmit the proof of service to the issuing court. It is a rebuttable presumption that the proof of service was signed on the date of service.
(2) If the protected person cannot produce an endorsed copy of the order, the peace officer shall immediately verify the existence of the order in the California Restraining and Protective Order System.
(3) If the peace officer determines that an order subject to this section has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and advise the respondent to obtain a copy of the full order from the issuing court. Upon notice, the officer shall immediately enforce the order. The officer’s verbal notice of the terms of the order shall constitute service of the order and is sufficient notice for the purposes of this section and for the purposes of Sections 273.6 and 29825 of the Penal Code.
(4) If an order served pursuant to this section is subject to the reporting requirements of Section 13730 of the Penal Code, the report shall include the name and assignment of the peace officer who served the order and the case number of the order. If a report is not required, the information specified in this paragraph shall be included in the daily incident log of the officer’s employing law enforcement agency.
(c) Notwithstanding any law, a fee shall not be charged to the petitioner for service of an order pursuant to this section.
(d) (1) There shall be no civil liability on the part of, and no cause of action for false arrest or false imprisonment against, a peace officer who makes an arrest pursuant to a protective or restraining order that is regular upon its face, if the peace officer, in making the arrest, acts in good faith and has reasonable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order.
(2) If there is more than one order issued and one of the orders is an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c) of Section 136.2 of the Penal Code, the peace officer shall enforce the emergency protective order. If there is more than one order issued, none of the orders issued is an emergency protective order that has precedence in enforcement, and one of the orders issued is a no-contact order, the peace officer shall enforce the no-contact order. If there is more than one civil order regarding the same parties and neither an emergency protective order that has precedence in enforcement nor a no-contact order has been issued, the peace officer shall enforce the order that was issued last. If there are both civil and criminal orders regarding the same parties and neither an emergency protective order that has precedence in enforcement nor a no-contact order has been issued, the peace officer shall enforce the criminal order issued last, subject to the provisions of subdivisions (h) and (i) of Section 136.2 of the Penal Code. This section does not exonerate a peace officer from liability for the unreasonable use of force in the enforcement of the order. The immunities afforded by this section shall not affect the availability of any other immunity that may apply, including, but not limited to, Sections 820.2 and 820.4 of the Government Code.
(e) For purposes of this section, “peace officer” has the same meaning as that term is defined in Section 830 of the Penal Code.
(f) This section shall become operative on January 1, 2026.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.