Temporary DVROs: What if the subject hasn’t been served? What if they don’t know it exists?

• Pen. Code § 836(c)(2) and a Temporary Domestic Violence Restraining Order 

• Pen. Code § 148(a)(1) and a Suspect’s Resistance to the Enforcement of a Temporary Domestic Violence Restraining Order 

Upon notice of the existence of a temporary domestic violence restraining order and after given an opportunity to comply, a person violates P.C. § 148(a)(1) by resisting officers who are attempting to enforce the order by refusing to comply with the terms of the order.

     Defendant Christopher James Kenney’s mother (“C.K.”) decided one day in January 2021 that it was time to exercise a little “tough love” with her 29-year-old druggie son and 86 the bum out of the house. The idea was that once he was made homeless, defendant might voluntarily move into a residential drug rehab treatment facility. (Fat chance.)  

     To enforce the eviction, C.K. obtained a temporary domestic violence restraining order (“DVRO”), although defendant (not being present) was not aware of this at the time. Pending a hearing scheduled for 15 days later, the court ordered absent defendant to “take only personal clothing and belongings needed until the (pending) hearing and move out immediately.” In an accompanying order, ....