A California CLETS order is a restraining order that is issued by a family law judge, lodged in the CLETS database and allows the police to arrest the abuser if the abuser violates that order.
California Law Enforcement Telecommunications System (CLETS) Message Management System is the computer network that connects public safety agencies across the state to criminal histories, driver records, and other databases.
CLETS gives police departments access to national databases maintained by the Federal Bureau of Investigation (FBI), the Department of Motor Vehicles (DMV), the State of Oregon, and others. The system also provides law enforcement agencies with the capability to deliver messages among one another.
A restraining order generally requires that the individual whom the order is issued against either does not engage in or engages in a certain act. For example, a restraining order may require an individual to stay 300 feet away from the individual who requested the restraining order. For more information about restraining orders, see our blog Effects of a Domestic Violence Restraining Order (DVRO) on the restrained party.
The Judicial Council of California’s form DV-100, Request for Domestic Violence Restraining Order, https://www.courts.ca.gov/documents/dv100.pdf, allows for the requesting the party to detail the abuse claimed.
The Temporary Order granted by the court will prohibit the restrained party from owning, possessing, to have, or buy any guns, firearms or ammunition. The restrained party has 24 hours after receiving the order, the restrained party must sell or store the weapons and ammunition with a licensed third party or face criminal prosecution.
A restraining order, also referred to as an order of protection, is an order that is issued by a court of law that is intended to restrict an individual from harming another individual. A restraining order is most typically issued in certain types of cases, including:
· Stalking;
· Abuse;
· Domestic violence
· Sexual assault cases
· elder abuse or dependent adult abuse restraining orders,
· civil harassment restraining orders, and
· workplace violence restraining orders.
A person requesting protective orders under Code of Civil Procedure section 527.6, 527.8, or 527.85; Family Code section 6320, 6404, or 6454; Penal Code sections 18100-18205; or Welfare and Institutions Code section 213.5 or 15657.03 must submit to the court with the request a completed Confidential CLETS Information form. Rule 1.51 California Law Enforcement Telecommunications System (CLETS) information form (a) Confidential CLETS Information form to be submitted to the court.
CLETS information can only be accessed by authorized law enforcement and criminal justice personnel. Any information obtained from the system can be used for “official use” only.
There are situations in which authorities misuse CLETS by searching for information for non-official, or personal, purposes. Cases of misuse are investigated by California’s Department of Justice and the Attorney General.
Instances of misuse can lead to:
· The loss of employment,
· Criminal prosecution (including both misdemeanor and felony charges), and
