CLETS Restraining Order

California law provides for several different types of restraining orders. Each type of restraining order applies in different situations. For example, those who have experienced domestic violence will seek a Domestic Violence Restraining Order, while those who are the subject of harassment from a colleague, neighbor, or former friend will pursue a civil harassment restraining order. 

Aside from the different types of restraining orders, there is another important distinction between CLETS restraining orders and non-CLETS restraining orders. In short, a California Law Enforcement Telecommunications System (“CLETS”) restraining order gives law enforcement the ability (and obligation) to arrest anyone alleged to have violated the order. CLETS orders get their name from the database they are entered into once they are granted, which is called the “California Law Enforcement Telecommunications System.”

The Los Angeles and Orange County restraining order attorneys at Power Trial Lawyers have extensive experience both pursuing and defending against CLETS restraining orders. We take a comprehensive approach to each case we handle, devoting as much time as necessary to fully understand the situation before crafting compelling arguments on your behalf. We are also experienced litigators, meaning the attorney you speak with have the understanding necessary to aid you when seeking or facing a CLETS order. 

What Is a CLETS Restraining Order?

A CLETS restraining order refers to a protective order that gets entered into the CLETS database, which makes it accessible to all law enforcement agencies in California. While CLETS and non-CLETS restraining orders are both enforceable state-wide, the CLETS system ensures that law enforcement officers have immediate access to the details of the order. In most cases, police officers use the CLETS database to search for an order when responding to a call reporting a crime of domestic violence or a violation of a restraining order. 

Like all restraining orders, the purpose of a CLETS restraining order is to protect people from threats, harassment, stalking, or abuse. Thus, a CLETS designation can be added to any type of restraining order in California, such as domestic violence restraining orders (DVROs), civil harassment restraining orders (CHROs), elder or dependent adult abuse restraining orders (EAROs), and workplace violence restraining orders (WVROs).

What Extra Protections Does a CLETS Order Provide?

There are a few reasons why most people who seek a restraining order pursue a CLETS order. Primarily, this comes down to the enforceability of the order. While all restraining orders are enforceable throughout the state, only those that are entered into the CLETS system will be immediately accessible to law enforcement officers. 

If an order is not entered into the CLETS system, law enforcement officers in other counties may not be able to easily access the order, limiting their ability to enforce the order. In fact, non-CLETS orders can even be difficult to enforce within the county where they were issued because law enforcement doesn’t have legal justification to make an arrest unless the order was put into CLETS. This isn’t to say that non-CLETS orders are unenforceable or can be disregarded; however, the protected party would need to take evidence of the restraining order violation to the judge who issued the order and petition the court to hold a restraining order violation hearing. 

Will Police Automatically Arrest Someone in Violation of a CLETS Restraining Order?

Yes, if police officers determine that the restrained party violated the order, they are required to make an arrest under California Penal Code § 836(c)(1), which provides that a police officer who responds to a call reporting a violation of a restraining order, the officer “shall…make a lawful arrest of the person without a warrant and take that person into custody whether or not the violation occurred in the presence of the arresting officer.

Of course, not every time a protected party calls and reports a restraining order violation, the police will arrest the restrained party. This is because police can only make an arrest if there is “probable 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.” So, if the police arrive and the protected party’s version of events doesn’t seem credible, for example, if the restrained party is not at the scene because they were at work, the officers are not required to make an arrest. 

Frequently Asked Questions:

What Types of Restraining Orders Can Include in the CLETS System?

Generally, any type of restraining order in California can be entered into the CLETS system at the judge’s discretion. Thus, domestic violence restraining orders, civil harassment restraining orders, elder or dependent adult abuse restraining orders, and workplace violence restraining orders are all eligible to be placed in the CLETS system. 

How Do You Obtain a CLETS Restraining Order?

Regardless of the type of restraining order you are seeking, there are multiple forms you’ll need to fill out. One of these is Form CLETS-001, which is a one-page form that asks for some very basic information. For example, you’ll fill out your own information as well as information about the restrained party, such as their name, age, home address, employer, workplace address, work hours, vehicle type, driver’s license number and Social Security number. If you don’t have all of this information, don’t worry; just fill out as much as you know—as long as you know their name and approximate age, that’s all that is required. 

Is It Important to Obtain a Restraining Order with the CLETS Designation?

Yes, whenever possible, you should ensure that your Los Angeles restraining order attorney pursues a CLETS order. This will ensure that law enforcement officers across the state have easy access to the order. It will also create an obligation for the officers to arrest anyone who violates the order, providing you with the peace of mind you sought when you decided to pursue the order in the first place. 

Consult with a California Restraining Order Lawyer

If you are in need of a restraining order, or you were recently served with a restraining order, having the assistance of an experienced Los Angeles restraining order can ensure that your interests are protected at every step of the process. At Power Trial Lawyers, Attorney Matthew Barhoma and his team of lawyers diligently prepare and defense restraining order requests and responses on behalf of clients in Los Angeles and the surrounding counties. We also offer free consultations to all prospective clients, during which we will answer your questions, provide you with an overview of your options, and explain what we can do to help. To learn more, and to schedule a free consultation, give Power Trial Lawyers a call at 213-800-7664. You can also connect with us through our secure online contact form.