text: This part applies to proceedings begun on or after January 1, 2016, to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.


kind: section

code: FAM

text: If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and to this end the provisions of this part are severable.

history: (History: Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)

division: 9. SUPPORT

chapter: 9. Miscellaneous Provisions

path: 9. SUPPORT > 6. Uniform Interstate Family Support Act > 9. Miscellaneous Provisions


text: The Department of Child Support Services may adopt emergency regulations as appropriate to implement this part.

part: 6. Uniform Interstate Family Support Act


citation: FAM § 6200

text: This division may be cited as the Domestic Violence Prevention Act.

history: (History: Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)

division: 10. PREVENTION OF DOMESTIC VIOLENCE

part: 1. SHORT TITLE AND DEFINITIONS

path: 10. PREVENTION OF DOMESTIC VIOLENCE > 1. SHORT TITLE AND DEFINITIONS


citation: FAM § 6201

text: Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code.


citation: FAM § 6203

text:
(a) For purposes of this act, “abuse” means any of the following:

(1) To intentionally or recklessly cause or attempt to cause bodily injury.

(2) Sexual assault.

(3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.

(4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.

(b) Abuse is not limited to the actual infliction of physical injury or assault.

history: (History: Amended by Stats. 2015, Ch. 303, Sec. 149. (AB 731) Effective January 1, 2016.)


citation: FAM § 6205

text: “Affinity,” when applied to the marriage relation, signifies the connection existing in consequence of marriage between each of the married persons and the blood relatives of the other.


citation: FAM § 6209

text: “Cohabitant” means a person who regularly resides in the household. “Former cohabitant” means a person who formerly regularly resided in the household.


citation: FAM § 6210

text: “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations.

history: (History: Added by Stats. 2001, Ch. 110, Sec. 1. Effective January 1, 2002.)


citation: FAM § 6211

text:
“Domestic violence” is abuse perpetrated against any of the following persons:

(a) A spouse or former spouse.

(b) A cohabitant or former cohabitant, as defined in Section 6209.

(c) A person with whom the respondent is having or has had a dating or engagement relationship.

(d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).

(e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.

(f) Any other person related by consanguinity or affinity within the second degree.


citation: FAM § 6215

text: “Emergency protective order” means an order issued under Part 3 (commencing with Section 6240).


citation: FAM § 6216

text: For the purposes of this division, “firearm” includes the frame or receiver of the weapon, including a completed frame or receiver or a firearm precursor part. “Firearm precursor part” has the same meaning as in subdivision (a) of Section 16531 of the Penal Code.

history: (History: Amended by Stats. 2022, Ch. 76, Sec. 2. (AB 1621) Effective June 30, 2022.)


citation: FAM § 6218

text:
“Protective order” means an order that includes any of the following restraining orders, whether issued ex parte, after notice and hearing, or in a judgment:

(a) An order described in Section 6320 enjoining specific acts of abuse.

(b) An order described in Section 6321 excluding a person from a dwelling.

(c) An order described in Section 6322 enjoining other specified behavior.


citation: FAM § 6219

text: Subject to adequate, discretionary funding from a city or a county, the superior courts in San Diego County and in Santa Clara County may develop a demonstration project to identify the best practices in civil, juvenile, and criminal court cases involving domestic violence. The superior courts in any other county that is able and willing may also participate in the demonstration project. The superior courts participating in this demonstration project shall report their findings and recommendations to the Judicial Council and the Legislature on or before May 1, 2004. The Judicial Council may make those recommendations available to any court or county.

history: (History: Added by Stats. 2002, Ch. 192, Sec. 1. Effective January 1, 2003.)


citation: FAM § 6220

text: The purpose of this division is to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence.

history: (History: Amended by Stats. 2014, Ch. 635, Sec. 3. (AB 2089) Effective January 1, 2015.)

part: 2. GENERAL PROVISIONS

path: 10. PREVENTION OF DOMESTIC VIOLENCE > 2. GENERAL PROVISIONS


citation: FAM § 6221

text:
(a) Unless the provision or context otherwise requires, this division applies to any order described in this division, whether the order is issued in a proceeding brought pursuant to this division, in an action brought pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12), or in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties.

(b) Nothing in this division affects the jurisdiction of the juvenile court.

(c) Any order issued by a court to which this division applies shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.

history: (History: Amended by Stats. 1999, Ch. 661, Sec. 4. Effective January 1, 2000.)


citation: FAM § 6222

text: There is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a protective order or other order authorized by this division when the request for the other order is necessary to obtain or give effect to a protective order. There is no fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause. There is no fee for any filings related to a petition filed pursuant to Part 4 (commencing with 6300) of this division.

history: (History: Amended by Stats. 2021, Ch. 686, Sec. 1. (SB 538) Effective January 1, 2022.)


citation: FAM § 6223

text: A custody or visitation order issued in a proceeding brought pursuant to this division is subject to Part 2 (commencing with Section 3020) of Division 8 (custody of children).


citation: FAM § 6224

text:
An order described in this division shall state on its face the date of expiration of the order and the following statements in substantially the following form:

“This order is effective when made. The law enforcement agency shall enforce it immediately on receipt. It is enforceable anywhere in California by any law enforcement agency that has received the order or is shown a copy of the order. If proof of service on the restrained person has not been received, the law enforcement agency shall advise the restrained person of the terms of the order and then shall enforce it.”


citation: FAM § 6225

text: A petition for an order described in this division is valid and the order is enforceable without explicitly stating the address of the petitioner or the petitioner’s place of residence, school, employment, the place where the petitioner’s child is provided child care services, or the child’s school.


citation: FAM § 6226

text: The Judicial Council shall prescribe the form of the orders and any other documents required by this division and shall promulgate forms and instructions for applying for orders described in this division.


text:
(a) On or before January 1, 2023, the Judicial Council shall amend the Judicial Council form entitled “Can a Domestic Violence Restraining Order Help Me?” to include a brief description of the address confidentiality program established under Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, the benefits of enrollment in the program for victims of domestic violence, and the internet address for the Secretary of State’s internet web page that contains more detailed information about the program.

(b) On or before January 1, 2023, the Judicial Council shall make the Judicial Council form available in English and in at least the other languages described in Section 1632 of the Civil Code. The Judicial Council may make the form available in additional languages.

history: (History: Added by Stats. 2021, Ch. 457, Sec. 1. (AB 277) Effective January 1, 2022.)


citation: FAM § 6227

text: The remedies provided in this division are in addition to any other civil or criminal remedies that may be available to the petitioner.


citation: FAM § 6228

text:
(a) State and local law enforcement agencies shall provide, upon request and without charging a fee, one copy of all incident report face sheets, one copy of all incident reports, a copy of any accompanying or related photographs of a victim’s injuries, property damage, or any other photographs that are noted in the incident report, and a copy of 911 recordings, if any, to a victim, or the victim’s representative as defined in subdivision (g), of a crime that constitutes an act of any of the following:

(1) Domestic violence, as defined in Section 6211.

(2) Sexual assault, as defined in Sections 261, 261.5, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 287, 288, 288.5, 289, or 311.4 of, or former Section 262 or 288a of, the Penal Code.

(3) Stalking, as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code.

(4) Human trafficking, as defined in Section 236.1 of the Penal Code.

(5) Abuse of an elder or a dependent adult, as defined in Section 15610.07 of the Welfare and Institutions Code.

(b) (1) A copy of an incident report face sheet shall be made available during regular business hours to a victim or the victim’s representative no later than 48 hours after being requested, unless the state or local law enforcement agency informs the victim or the victim’s representative of the reasons why, for good cause, the incident report face sheet is not available, in which case the incident report face sheet shall be made available no later than five working days after the request is made.

(2) A copy of the incident report, any accompanying or related photographs of a victim’s injuries, property damage, or any other photographs that are noted in the incident report, and a copy of 911 recordings, if any, shall be made available during regular business hours to a victim or the victim’s representative no later than five working days after being requested, unless the state or local law enforcement agency informs the victim or the victim’s representative of the reasons why, for good cause, the items are not available, in which case the items shall be made available no later than 10 working days after the request is made.

(c) A person requesting copies under this section shall present state or local law enforcement with the person’s identification, including a current, valid driver’s license, a state-issued identification card, or a passport. If the person is a representative of the victim and the victim is deceased, the representative shall also present a certified copy of the death certificate or other satisfactory evidence of the death of the victim at the time a request is made. If the person is a representative of the victim and the victim is alive and not the subject of a conservatorship, the representative shall also present a written authorization, signed by the victim, making the person the victim’s personal representative.

(d) This section shall apply to requests for domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult face sheets or incident reports, photographs, 911 recordings, and evidence made within five years from the date of completion of the incident report.

(e) This section shall be known and may be cited as the Access to Domestic Violence Reports Act of 1999.

(f) For purposes of this section, “victim” includes a minor who is 12 years of age or older.

(g) (1) For purposes of this section, if the victim is deceased, a “representative of the victim” means any of the following:

(A) The surviving spouse.

(B) A surviving child of the decedent who has attained 18 years of age.

(C) A domestic partner, as defined in subdivision (a) of Section 297.

(D) A surviving parent of the decedent.

(E) A surviving adult relative.

(F) The personal representative of the victim, as defined in Section 58 of the Probate Code, if one is appointed.

(G) The public administrator if one has been appointed.

(2) For purposes of this section, if the victim is not deceased, a “representative of the victim” means any of the following:

(A) A parent, guardian, or adult child of the victim, or an adult sibling of a victim 12 years of age or older, who shall present to law enforcement identification pursuant to subdivision (c). A guardian shall also present to law enforcement a copy of the letters of guardianship demonstrating that the person is the appointed guardian of the victim.

(B) An attorney for the victim, who shall present to law enforcement identification pursuant to subdivision (c) and written proof that the person is the attorney for the victim.

(C) A conservator of the victim who shall present to law enforcement identification pursuant to subdivision (c) and a copy of the letters of conservatorship demonstrating that the person is the appointed conservator of the victim.

(3) A representative of the victim does not include any person who has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, of the victim, or any person identified in the incident report face sheet as a suspect.

history: (History: Amended by Stats. 2024, Ch. 495, Sec. 1. (SB 1518) Effective January 1, 2025.)


citation: FAM § 6229

text: A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for a temporary restraining order or injunction, or both, under this division as provided in Section 374 of the Code of Civil Procedure.

history: (History: Added by Stats. 2010, Ch. 572, Sec. 12. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)


citation: FAM § 6240

text:
As used in this part:

(a) “Judicial officer” means a judge, commissioner, or referee designated under Section 6241.

(b) “Law enforcement officer” means one of the following officers who requests or enforces an emergency protective order under this part:

(1) A police officer.

(2) A sheriff’s officer.

(3) A peace officer of the Department of the California Highway Patrol.

(4) A peace officer of the University of California Police Department.

(5) A peace officer of the California State University and College Police Departments.

(6) A peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2 of the Penal Code.

(7) A peace officer of the Department of General Services of the City of Los Angeles, as defined in subdivision (c) of Section 830.31 of the Penal Code.

(8) A housing authority patrol officer, as defined in subdivision (d) of Section 830.31 of the Penal Code.

(9) A peace officer for a district attorney, as defined in Section 830.1 or 830.35 of the Penal Code.

(10) A parole officer, probation officer, or deputy probation officer, as defined in Section 830.5 of the Penal Code.

(11) A peace officer of a California Community College police department, as defined in subdivision (a) of Section 830.32.

(12) A peace officer employed by a police department of a school district, as defined in subdivision (b) of Section 830.32.

(c) “Abduct” means take, entice away, keep, withhold, or conceal.

history: (History: Amended by Stats. 2004, Ch. 250, Sec. 1. Effective January 1, 2005.)

part: 3. EMERGENCY PROTECTIVE ORDERS

chapter: 1. General Provisions

path: 10. PREVENTION OF DOMESTIC VIOLENCE > 3. EMERGENCY PROTECTIVE ORDERS > 1. General Provisions


citation: FAM § 6241

text: The presiding judge of the superior court in each county shall designate at least one judge, commissioner, or referee to be reasonably available to issue orally, by telephone or otherwise, emergency protective orders at all times whether or not the court is in session.


citation: FAM § 6250

text:
A judicial officer may issue an ex parte emergency protective order where a law enforcement officer asserts reasonable grounds to believe any of the following:

(a) That a person is in immediate and present danger of domestic violence, based on the person’s allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought.

(b) That a child is in immediate and present danger of abuse by a family or household member, based on an allegation of a recent incident of abuse or threat of abuse by the family or household member.

(c) That a child is in immediate and present danger of being abducted by a parent or relative, based on a reasonable belief that a person has an intent to abduct the child or flee with the child from the jurisdiction or based on an allegation of a recent threat to abduct the child or flee with the child from the jurisdiction.

(d) That an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code, based on an allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought, except that no emergency protective order shall be issued based solely on an allegation of financial abuse.

history: (History: Amended by Stats. 2003, Ch. 468, Sec. 3. Effective January 1, 2004.)

path: 10. PREVENTION OF DOMESTIC VIOLENCE > 3. EMERGENCY PROTECTIVE ORDERS > 2. Issuance and Effect of Emergency Protective Order


text: An emergency protective order is valid only if it is issued by a judicial officer after making the findings required by Section 6251 and pursuant to a specific request by a law enforcement officer.

history: (History: Added by Stats. 2006, Ch. 82, Sec. 1. Effective January 1, 2007.)

chapter: 2. Issuance and Effect of Emergency Protective Order


text: A judicial officer may issue an ex parte emergency protective order to a peace officer defined in subdivisions (a) and (b) of Section 830.32 if the issuance of that order is consistent with an existing memorandum of understanding between the college or school police department where the peace officer is employed and the sheriff or police chief of the city in whose jurisdiction the peace officer’s college or school is located and the peace officer asserts reasonable grounds to believe that there is a demonstrated threat to campus safety.

history: (History: Added by Stats. 1999, Ch. 659, Sec. 1.5. Effective January 1, 2000.)


citation: FAM § 6251

text:
An emergency protective order may be issued only if the judicial officer finds both of the following:

(a) That reasonable grounds have been asserted to believe that an immediate and present danger of domestic violence exists, that a child is in immediate and present danger of abuse or abduction, or that an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code.

(b) That an emergency protective order is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, or abuse of an elder or dependent adult.

history: (History: Amended by Stats. 1999, Ch. 561, Sec. 2. Effective January 1, 2000.)


citation: FAM § 6252

text:
An emergency protective order may include any of the following specific orders, as appropriate:

(a) A protective order, as defined in Section 6218.

(b) An order determining the temporary care and control of any minor child of the endangered person and the person against whom the order is sought.

(c) An order authorized in Section 213.5 of the Welfare and Institutions Code, including provisions placing the temporary care and control of the endangered child and any other minor children in the family or household with the parent or guardian of the endangered child who is not a restrained party.

(d) An order determining the temporary care and control of any minor child who is in danger of being abducted.

(e) An order authorized by Section 15657.03 of the Welfare and Institutions Code.

history: (History: Amended by Stats. 1999, Ch. 561, Sec. 3. Effective January 1, 2000.)


text:
(a) The court shall order that any party enjoined pursuant to an order issued under this part be prohibited from taking any action to obtain the address or location of a protected party or a protected party’s family members, caretakers, or guardian, unless there is good cause not to make that order.

(b) The Judicial Council shall promulgate forms necessary to effectuate this section.

history: (History: Added by Stats. 2005, Ch. 472, Sec. 2. Effective January 1, 2006.)


citation: FAM § 6253

text:
An emergency protective order shall include all of the following:

(a) A statement of the grounds asserted for the order.

(b) The date and time the order expires.

(c) The address of the superior court for the district or county in which the endangered person or child in danger of being abducted resides.

(d) The following statements, which shall be printed in English and Spanish:

(1) “To the Protected Person: This order will last only until the date and time noted above. If you wish to seek continuing protection, you will have to apply for an order from the court, at the address noted above. You may seek the advice of an attorney as to any matter connected with your application for any future court orders. The attorney should be consulted promptly so that the attorney may assist you in making your application.”

(2) “To the Restrained Person: This order will last until the date and time noted above. The protected party may, however, obtain a more permanent restraining order from the court. You may seek the advice of an attorney as to any matter connected with the application. The attorney should be consulted promptly so that the attorney may assist you in responding to the application.”

(e) In the case of an endangered child, the following statement, which shall be printed in English and Spanish: “This order will last only until the date and time noted above. You may apply for a more permanent restraining order under Section 213.5 of the Welfare and Institutions Code from the court at the address noted above. You may seek the advice of an attorney in connection with the application for a more permanent restraining order.”

(f) In the case of a child in danger of being abducted, the following statement, which shall be printed in English and Spanish: “This order will last only until the date and time noted above. You may apply for a child custody order from the court, at the address noted above. You may seek the advice of an attorney as to any matter connected with the application. The attorney should be consulted promptly so that the attorney may assist you in responding to the application.”

history: (History: Amended by Stats. 1996, Ch. 988, Sec. 7. Effective January 1, 1997.)


citation: FAM § 6254

text: The fact that the endangered person has left the household to avoid abuse does not affect the availability of an emergency protective order.

history: (History: Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)


citation: FAM § 6255

text: An emergency protective order shall be issued without prejudice to any person.


citation: FAM § 6256

text:
An emergency protective order expires at the earlier of the following times:

(a) The close of judicial business on the fifth court day following the day of its issuance.

(b) The seventh calendar day following the day of its issuance.

history: (History: Amended (as added by Stats. 1993, Ch. 219) by Stats. 1993, Ch. 1229, Sec. 2. Effective January 1, 1994.)


citation: FAM § 6257

text: If an emergency protective order concerns an endangered child, the child’s parent or guardian who is not a restrained person, or a person having temporary custody of the endangered child, may apply to the court for a restraining order under Section 213.5 of the Welfare and Institutions Code.


citation: FAM § 6270

text: A law enforcement officer who requests an emergency protective order shall reduce the order to writing and sign it.

chapter: 3. Duties of Law Enforcement Officer

path: 10. PREVENTION OF DOMESTIC VIOLENCE > 3. EMERGENCY PROTECTIVE ORDERS > 3. Duties of Law Enforcement Officer


citation: FAM § 6271

text:
A law enforcement officer who requests an emergency protective order shall do all of the following:

(a) Serve the order on the restrained person, if the restrained person can reasonably be located.

(b) Give a copy of the order to the protected person or, if the protected person is a minor child, to a parent or guardian of the endangered child who is not a restrained person, if the parent or guardian can reasonably be located, or to a person having temporary custody of the endangered child.

(c) File a copy of the order with the court as soon as practicable after issuance.

(d) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice.

history: (History: Amended by Stats. 2013, Ch. 145, Sec. 1. (AB 238) Effective January 1, 2014.)


citation: FAM § 6272

text:
(a) A law enforcement officer shall use every reasonable means to enforce an emergency protective order.

(b) A law enforcement officer who acts in good faith to enforce an emergency protective order is not civilly or criminally liable.


citation: FAM § 6274

text: A peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, may seek an emergency protective order relating to stalking under Section 646.91 of the Penal Code if the requirements of that section are complied with.

history: (History: Added by Stats. 1997, Ch. 169, Sec. 1. Effective January 1, 1998.)


citation: FAM § 6275

text:
(a) A law enforcement officer who responds to a situation in which the officer believes that there may be grounds for the issuance of an emergency protective order pursuant to Section 6250 of this code or Section 646.91 of the Penal Code, shall inform the person for whom an emergency protective order may be sought, or, if that person is a minor, the minor’s parent or guardian, provided that the parent or guardian is not the person against whom the emergency protective order may be obtained, that the person may request the officer to request an emergency protective order pursuant to this part.

(b) Notwithstanding Section 6250, and pursuant to this part, an officer shall request an emergency protective order if the officer believes that the person requesting an emergency protective order is in immediate and present danger.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 60. (AB 1817) Effective January 1, 2020.)


citation: FAM § 6300

text:
(a) An order may be issued under this part to restrain any person for the purpose specified in Section 6220, if an affidavit or testimony and any additional information provided to the court pursuant to Section 6306, shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse. The court may issue an order under this part based solely on the affidavit or testimony of the person requesting the restraining order.

(b) An ex parte restraining order issued pursuant to Article 1 (commencing with Section 6320) shall not be denied solely because the other party was not provided with notice.

(c) An ex parte request for a protective order, as defined in Section 6218, shall not be rejected for filing by the court clerk if it is submitted on mandatory Judicial Council forms, includes all of the forms required to issue an order, and identifies the party submitting the request and the party who is the subject of the requested order.

history: (History: Amended by Stats. 2024, Ch. 648, Sec. 1. (AB 2024) Effective January 1, 2025.)

path: 10. PREVENTION OF DOMESTIC VIOLENCE > 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS > 1. General Provisions


citation: FAM § 6301

text:
(a) An individual need not be a resident of the state to file a petition for an order under this part. A petition for an order under this part may be filed in any superior court in this state, consistent with Section 410.10 of the Code of Civil Procedure, which may include, but is not limited to:

(1) The county in which the petitioner resides or is temporarily located.

(2) The county in which the defendant resides.

(3) The county in which the offense occurred.

(4) Any other court that may have jurisdiction over the parties or the subject matter of the case.

(b) An order under this part may be granted to any person described in Section 6211, including a minor pursuant to subdivision (b) of Section 372 of the Code of Civil Procedure.

(c) The right to petition for relief shall not be denied because the petitioner has vacated the household to avoid abuse, and in the case of a marital relationship, notwithstanding that a petition for dissolution of marriage, for nullity of marriage, or for legal separation of the parties has not been filed.

(d) The length of time since the most recent act of abuse is not, by itself, determinative. The court shall consider the totality of the circumstances in determining whether to grant or deny a petition for relief.

history: (History: Amended by Stats. 2024, Ch. 652, Sec. 2. (SB 554) Effective January 1, 2025.)

part: 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS


text:
(a) A minor or the minor’s legal guardian may petition the court to have information regarding a minor that was obtained in connection with a request for a protective order pursuant to this division, including, but not limited to, the minor’s name, address, and the circumstances surrounding the request for a protective order with respect to that minor, be kept confidential, except as provided in subdivision (d).

(b) The court may order the information specified in subdivision (a) be kept confidential if the court expressly finds all of the following:

(1) The minor’s right to privacy overcomes the right of public access to the information.

(2) There is a substantial probability that the minor’s interest will be prejudiced if the information is not kept confidential.

(3) The order to keep the information confidential is narrowly tailored.

(4) No less restrictive means exist to protect the minor’s privacy.

(c) (1) If the request is granted, except as provided in subdivision (d), information regarding the minor shall be maintained in a confidential case file and shall not become part of the public file in the proceeding, any other proceeding initiated under the Family Code, or any other civil proceeding between the parties. Except as provided in paragraph (2), if the court determines that disclosure of confidential information has been made without a court order, the court may impose a sanction of up to one thousand dollars ($1,000). The minor who has alleged abuse as defined under this division shall not be sanctioned for disclosure of the confidential information. If the court imposes a sanction, the court shall first determine whether the person has, or is reasonably likely to have, the ability to pay.

(2) Confidential information may be disclosed without a court order pursuant to subdivision (d) only in the following circumstances:

(A) By the minor’s legal guardian who petitioned to keep the information confidential pursuant to this section or the protected party in an order pursuant to this division, provided that the disclosure effectuates the purpose of this division specified in Section 6220 or is in the minor’s best interest. A legal guardian or a protected party who makes a disclosure under this subparagraph is subject to the sanction in paragraph (1) only if the disclosure was malicious.

(B) By a person to whom confidential information is disclosed, provided that the disclosure effectuates the purpose of this division specified in Section 6220 or is in the best interest of the minor, no more information than necessary is disclosed, and a delay would be caused by first obtaining a court order to authorize the disclosure of the information. A person who makes a disclosure pursuant to this subparagraph is subject to the sanction in paragraph (1) if the person discloses the information in a manner that recklessly or maliciously disregards these requirements.

(d) (1) Confidential information shall be made available to both of the following:

(A) Law enforcement pursuant to Section 6380, to the extent necessary and only for the purpose of enforcing the protective order.

(B) The respondent to allow the respondent to comply with the order for confidentiality and to allow the respondent to comply with and respond to the protective order. A notice shall be provided to the respondent that identifies the specific information that has been made confidential and shall include a statement that disclosure is punishable by a monetary fine.

(2) At any time, the court on its own may authorize a disclosure of any portion of the confidential information to certain individuals or entities as necessary to effectuate the purpose of this division specified in Section 6220, including implementation of the protective order, or if it is in the best interest of the minor, including, but not limited to, disclosure to educational institutions, childcare providers, medical or mental health providers, professional or nonprofessional supervisors for visitation, the Department of Child Support Services, attorneys for the parties or the minor, judicial officers, court employees, child custody evaluators, family court mediators, and court reporters.

(3) The court may authorize a disclosure of any portion of the confidential information to any person that files a petition if the court determines disclosure would effectuate the purpose of this division specified in Section 6220 or if the court determines that disclosure is in the best interest of the minor. The party who petitioned the court to keep the information confidential pursuant to this section shall be served personally or by first-class mail with a copy of the petition and afforded an opportunity to object to the disclosure.

history: (History: Amended by Stats. 2019, Ch. 294, Sec. 2. (AB 925) Effective January 1, 2020.)


citation: FAM § 6302

text: A notice of hearing under this part shall notify the respondent that, if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to five years.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 61. (AB 1817) Effective January 1, 2020.)


citation: FAM § 6303

text:
(a) It is the function of a support person to provide moral and emotional support for a person who alleges to be a victim of domestic violence. The person who alleges to be a victim of domestic violence may select any individual to act as a support person. No certification, training, or other special qualification is required for an individual to act as a support person. The support person shall assist the person in feeling more confident that the person will not be injured or threatened by the other party during the proceedings where the person and the other party must be present in close proximity. The support person is not present as a legal adviser and shall not give legal advice.

(b) A support person shall be permitted to accompany either party to any proceeding to obtain a protective order, as defined in Section 6218. Where the party is not represented by an attorney, the support person may sit with the party at the table that is generally reserved for the party and the party’s attorney.

(c) Notwithstanding any other law to the contrary, if a court has issued a protective order, a support person shall be permitted to accompany a party protected by the order during any mediation orientation or mediation session, including separate mediation sessions, held pursuant to a proceeding described in Section 3021. Family Court Services, and any agency charged with providing family court services, shall advise the party protected by the order of the right to have a support person during mediation. A mediator may exclude a support person from a mediation session if the support person participates in the mediation session, or acts as an advocate, or the presence of a particular support person is disruptive or disrupts the process of mediation. The presence of the support person does not waive the confidentiality of the mediation, and the support person is bound by the confidentiality of the mediation.

(d) In a proceeding subject to this section, a support person shall be permitted to accompany a party in court where there are allegations or threats of domestic violence and, where the party is not represented by an attorney, may sit with the party at the table that is generally reserved for the party and the party’s attorney.

(e) This section does not preclude a court from exercising its discretion to remove a person from the courtroom when it would be in the interest of justice to do so, or when the court believes the person is prompting, swaying, or influencing the party protected by the order.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 62. (AB 1817) Effective January 1, 2020.)


citation: FAM § 6304

text: When making a protective order, as defined in Section 6218, where both parties are present in court, the court shall inform both the petitioner and the respondent of the terms of the order, including notice that the respondent is prohibited from owning, possessing, purchasing, or receiving or attempting to own, possess, purchase, or receive a firearm or ammunition, and including notice of the penalty for violation. Information provided shall include how any firearms or ammunition still in the restrained party’s possession are to be relinquished, according to local procedures, and the process for submitting a receipt to the court showing proof of relinquishment.

history: (History: Amended by Stats. 2021, Ch. 685, Sec. 3. (SB 320) Effective January 1, 2022.)


citation: FAM § 6305

text:
(a) The court shall not issue a mutual order enjoining the parties from specific acts of abuse described in Section 6320 unless both of the following apply:

(1) Both parties personally appear and each party presents written evidence of abuse or domestic violence in an application for relief using a mandatory Judicial Council restraining order application form. For purposes of this paragraph, written evidence of abuse or domestic violence in a responsive pleading does not satisfy the party’s obligation to present written evidence of abuse or domestic violence. By July 1, 2016, the Judicial Council shall modify forms as necessary to provide notice of this information.

(2) The court makes detailed findings of fact indicating that both parties acted as a primary aggressor and that neither party acted primarily in self-defense.

(b) For purposes of subdivision (a), in determining if both parties acted primarily as aggressors, the court shall consider the provisions concerning dominant aggressors set forth in paragraph (3) of subdivision (c) of Section 836 of the Penal Code.

history: (History: Amended by Stats. 2015, Ch. 73, Sec. 1. (AB 536) Effective January 1, 2016.)


citation: FAM § 6306

text:
(a) (1) Before a hearing on the issuance or denial of an order under this part, the court shall ensure that a search is or has been conducted to determine if the subject of the proposed order has a prior criminal conviction for a violent felony specified in Section 667.5 of the Penal Code or a serious felony specified in Section 1192.7 of the Penal Code; has a misdemeanor conviction involving domestic violence, weapons, or other violence; has an outstanding warrant; is currently on parole or probation; owns or possesses a firearm as reflected in the Department of Justice Automated Firearms System; or has a prior restraining order or a violation of a prior restraining order. The search shall be conducted of all records and databases readily available and reasonably accessible to the court, including, but not limited to, the following:

(A) The California Sex and Arson Registry (CSAR).

(B) The Supervised Release File.

(C) State summary criminal history information maintained by the Department of Justice pursuant to Section 11105 of the Penal Code.

(D) The Federal Bureau of Investigation’s nationwide database.

(E) Locally maintained criminal history records or databases.

(F) The Department of Justice Automated Firearms System.

(2) However, a record or database need not be searched if the information available in that record or database can be obtained as a result of a search conducted in another record or database.

(3) If a court does not have electronic or other access to the Department of Justice Automated Firearms System and if there is no preexisting agreement between the court and a law enforcement agency that the law enforcement agency will conduct a search of the California Law Enforcement Telecommunications System in order to report to the court whether the subject of the proposed order owns or possesses a firearm, upon the request of the court, the sheriff shall access the California Law Enforcement Telecommunications System in order to search the Department of Justice Automated Firearms System for the purpose of determining whether the subject of the order owns or possesses firearms. The sheriff shall report the results of this search to the court.

(b) (1) Before deciding whether to issue an order under this part or when determining appropriate temporary custody and visitation orders, the court shall consider the following information obtained pursuant to a search conducted under subdivision (a): a conviction for a violent felony specified in Section 667.5 of the Penal Code or a serious felony specified in Section 1192.7 of the Penal Code; a misdemeanor conviction involving domestic violence, weapons, or other violence; an outstanding warrant; parole or probation status; a prior restraining order; and a violation of a prior restraining order.

(2) Information obtained as a result of the search that does not involve a conviction described in this subdivision shall not be considered by the court in making a determination regarding the issuance of an order pursuant to this part. That information shall be destroyed and shall not become part of the public file in this or any other civil proceeding.

(c) (1) After issuing its ruling, the court shall advise the parties that they may request the information described in subdivision (b) upon which the court relied. The court shall admonish the party seeking the proposed order that it is unlawful, pursuant to Sections 11142 and 13303 of the Penal Code, to willfully release the information, except as authorized by law.

(2) Upon the request of either party to obtain the information described in subdivision (b) upon which the court relied, the court shall release the information to the parties or, upon either party’s request, to the party’s attorney in that proceeding.

(3) The party seeking the proposed order may release the information to the party’s counsel, court personnel, and court-appointed mediators for the purpose of seeking judicial review of the court’s order or for purposes of court proceedings under Section 213.5 of the Welfare and Institutions Code.

(d) Information obtained as a result of the search conducted pursuant to subdivision (a) and relied upon by the court shall be maintained in a confidential case file and shall not become part of the public file in the proceeding or any other civil proceeding. However, the contents of the confidential case file shall be disclosed to the court-appointed mediator assigned to the case or to a child custody evaluator appointed by the court pursuant to Section 3111 of this code or Section 730 of the Evidence Code. All court-appointed mediators and child custody evaluators appointed or contracted by the court pursuant to Section 3111 of this code or Section 730 of the Evidence Code who receive information from the search conducted pursuant to subdivision (a) shall be subject to, and shall comply with, the California Law Enforcement Telecommunications System policies, practices, and procedures adopted pursuant to Section 15160 of the Government Code.

(e) If the results of the search conducted pursuant to subdivision (a) indicate that an outstanding warrant exists against the subject of the order, the court shall order the clerk of the court to immediately notify, by the most effective means available, appropriate law enforcement officials of the issuance and contents of a protective order and of any other information obtained through the search that the court determines is appropriate. The law enforcement officials so notified shall take all actions necessary to execute any outstanding warrants or any other actions, with respect to the restrained person, as appropriate and as soon as practicable.

(f) If the results of the search conducted pursuant to subdivision (a) indicate that the subject of the order owns or possesses a firearm or if the court receives evidence of the subject’s possession of a firearm or ammunition, the court shall make a written record as to whether the subject has relinquished the firearm or ammunition and provided proof of the required storage, sale, or relinquishment of the firearm or ammunition. If evidence of compliance with firearms prohibitions is not provided pursuant to subdivision (c) of Section 6389, the court shall order the clerk of the court to immediately notify, by the most effective means available, appropriate law enforcement officials of the issuance and contents of a protective order, information about the firearm or ammunition, and of any other information obtained through the search that the court determines is appropriate. The law enforcement officials so notified shall take all actions necessary to obtain those and any other firearms or ammunition owned, possessed, or controlled by the restrained person and to address any violation of the order with respect to firearms or ammunition as appropriate and as soon as practicable.

(g) If the results of the search conducted pursuant to subdivision (a) indicate that the subject of the order is currently on parole or probation, the court shall order the clerk of the court to immediately notify, by the most effective means available, the appropriate parole or probation officer of the issuance and contents of a protective order issued by the court and of any other information obtained through the search that the court determines is appropriate. That officer shall take all actions necessary to revoke parole or probation, or any other actions, with respect to the restrained person, as appropriate and as soon as practicable.

(h) This section shall not delay the granting of an application for an order that may otherwise be granted without the information resulting from the database search. If the court finds that a protective order under this part should be granted on the basis of the affidavit presented with the petition, the court shall issue the protective order and shall then ensure that a search is conducted pursuant to subdivision (a) before the hearing.

(i) It is the intent of the Legislature that, except with regard to a search whether the subject of a proposed order owns or possesses a firearm, this section shall be implemented in those courts identified by the Judicial Council as having resources currently available for these purposes. This act shall be implemented in other courts to the extent that funds are appropriated for purposes of the act in the annual Budget Act.

history: (History: Amended by Stats. 2024, Ch. 541, Sec. 2. (AB 3083) Effective January 1, 2025.)


text:
(a) (1) Petitions seeking domestic violence restraining orders under Chapter 2 (commencing with Section 6320) and domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 may be submitted electronically in every trial court. Courts shall accept these filings consistent with the timeframe in Section 246.

(2) The notice of court date, copies of the request to mail on respondent, and the temporary restraining order, if granted, shall be remitted to the petitioner electronically.

(3) Notwithstanding paragraph (2), the petitioner may elect to receive documents by regular mail or to retrieve documents from the court.

(b) The Judicial Council shall develop or amend rules and forms as necessary to implement this section.

(c) There shall be no fee for any filings related to a petition submitted electronically in accordance with this section.

(d) This section shall become operative only upon an appropriation of funds for this purpose in the annual Budget Act or other statute.

history: (History: Added by Stats. 2021, Ch. 681, Sec. 1. (AB 887) Effective January 1, 2022.)


text:
(a) Information about access to self-help services regarding domestic violence restraining orders shall be prominently visible on the superior court’s internet website.

(b) The Judicial Council shall develop or amend rules as necessary to implement this section.

history: (History: Added by Stats. 2021, Ch. 681, Sec. 2. (AB 887) Effective January 1, 2022.)


citation: FAM § 6307

text:
(a) (1) (A) A court or court facility that receives petitions for domestic violence restraining orders under this part or domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 shall permit those petitions and any filings related to those petitions to be submitted electronically. The court or court facility shall, based on the time of receipt, act on these filings consistent with Section 246.

(B) Commencing January 1, 2027, petitions and filings submitted electronically pursuant to paragraph (1) shall be at no charge to the petitioner.

(2) The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be provided to the petitioner electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court or court facility.

(b) (1) Information regarding electronic filing and access to the court’s self-help center shall be prominently displayed on each court’s homepage.

(2) Each self-help center shall maintain and make available information related to domestic violence restraining orders pursuant to this section.

(c) The Judicial Council may adopt or amend rules and forms to implement this section.

history: (History: Amended by Stats. 2025, Ch. 267, Sec. 2. (AB 561) Effective January 1, 2026.)


citation: FAM § 6308

text:
(a) A party, support person as defined in Section 6303, or witness may appear remotely at the hearing on a petition for a domestic violence restraining order. The superior court of each county shall develop local rules and instructions for remote appearances permitted under this section, which shall be posted on its internet website.

(b) Commencing January 1, 2027, there shall not be a fee for a party, support person as defined in Section 6303, or witness to appear remotely at the hearing.

history: (History: Amended by Stats. 2025, Ch. 267, Sec. 3. (AB 561) Effective January 1, 2026.)


citation: FAM § 6309

text:
(a) (1) The Legislature finds and declares all of the following:

(A) Domestic violence is an urgent public safety and public health crisis. More than one in three California women and one in seven men experience intimate partner physical violence, intimate partner sexual violence, or intimate partner stalking in their lifetimes. Sexual and gender minorities, including queer, gender nonbinary, intersex, and transgender persons, experience domestic violence at rates as high or higher than cisgender and heterosexual persons. Domestic violence accounts for more than 15 percent of all violent crimes in California and more than 10 percent of all California homicides.

(B) Domestic violence survivors are most at risk when attempting to leave an abusive relationship. Without effective intervention in domestic abuse, the violence often increases in frequency and severity over time. Research has established that the civil domestic violence restraining order is the most effective legal remedy for intervening in and preventing future abuse.

(C) Domestic violence survivors who enter the family or civil court systems seeking protection often face ongoing abuse in the form of litigation abuse. Litigation abuse is the use of legal or bureaucratic procedures by abusive partners to continue to attack, harass, intimidate, coercively control, or maintain contact with their former partners through the litigation system by exerting power over them, forcing them to have contact, financially burdening them with excessive discovery and litigation, degrading and insulting them in legal papers, unduly delaying the court process and final resolution of important issues, or dissuading them from pursuing legal protection. Studies show that litigation abuse causes severe consequences for survivors, including economic hardship and psychological harm, and foregoing legal relief in part or in whole. Research also shows that judicial officers and court evaluators often misunderstand or overlook litigation abuse and its effects on survivors.

(2) It is the intent of the Legislature to accomplish the following:

(A) To promote the health and safety of domestic violence survivors and their children.

(B) To ensure that domestic violence survivors can seek and receive, without delay, the protection offered by the domestic violence restraining orders, which are remedial injunctive orders intended to offer expedited separation and protection from abuse.

(C) To provide for separation and to prevent future acts of domestic violence by streamlining any domestic violence restraining order discovery to expedite the adjudication of requests for restraining orders and prevent abusive litigation tactics that interfere with legislative intent to protect domestic violence victims.

(b) Consistent with the findings and declarations and statements of legislative intent in subdivision (a), discovery pursuant to the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure), is not permitted pursuant to this part except as set forth in this section.

(c) (1) A court may grant a request for discovery only upon a showing of good cause for the discovery by the party making the request.

(2) A party may make an oral or written request for discovery to the court at an evidentiary hearing pursuant to this part.

(3) A person shall not be required to make a written objection or response to a request for discovery but may express any objection or response orally or in writing or at the hearing.

(d) In determining whether to permit discovery in a proceeding pursuant to this part, the court shall consider all of the following:

(1) The importance and relevance of, and need for, the information sought to be obtained.

(2) The likelihood that the information may be acquired by another permitted discovery method, or may be acquired by other methods including pleadings or examination at the hearing.

(3) The delay in completion of the hearing, which is entitled to calendar preference pursuant to Section 244, if the discovery is permitted.

(4) The potential, if any, that the discovery may induce trauma in any person involved in the proceeding.

(5) Whether one or more persons are subject to any restraining or protective orders.

(6) Any other factor that may affect the prompt and fair resolution of the proceeding.

(e) If a court finds good cause and grants a request for discovery pursuant to subdivision (c), the court may do either of the following:

(1) (A) Continue the commencement of hearing for a reasonable period to permit one or more methods of discovery.

(B) If the court continues the hearing to allow for discovery pursuant to subparagraph (A), the court shall extend, and may modify, any restraining order in place.

(2) Commence the hearing to receive evidence and then continue the hearing to permit one or more methods of discovery.

(f) The court shall limit and control any permitted discovery to the least intrusive methods as authorized pursuant to the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) and the minimum number of items reasonably necessary to secure the requested information. The court shall specify the time for response to any permitted discovery after considering the items in subdivision (d).

(g) Nothing in this section is intended to take away rights afforded in the Domestic Violence Prevention Act. Nothing in this section is intended to infringe on the ability for abuse survivors to receive their police reports and evidence pursuant to Section 6228 or on parties’ ability to discover their own business records without obtaining court permission, including medical records, phone records, or recordings of calls to 911, to provide corroborating proof.

history: (History: Added by Stats. 2023, Ch. 503, Sec. 1. (SB 741) Effective January 1, 2024.)


citation: FAM § 6320

text:
(a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.

(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.

(c) As used in subdivision (a), “disturbing the peace of the other party” refers to conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party. This conduct may be committed directly or indirectly, including through the use of a third party, and by any method or through any means including, but not limited to, telephone, online accounts, text messages, internet-connected devices, including connected devices as defined in Section 22948.30 of the Business and Professions Code, or other electronic technologies. This conduct includes, but is not limited to, coercive control, which is a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty. Examples of coercive control include, but are not limited to, unreasonably engaging in any of the following:

(1) Isolating the other party from friends, relatives, or other sources of support.

(2) Depriving the other party of basic necessities.

(3) Controlling, regulating, or monitoring the other party’s movements, communications, daily behavior, finances, economic resources, or access to services.

(4) Compelling the other party by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other party has a right to abstain or to abstain from conduct in which the other party has a right to engage.

(5) Engaging in reproductive coercion, which consists of control over the reproductive autonomy of another through force, threat of force, or intimidation, and may include, but is not limited to, unreasonably pressuring the other party to become pregnant, deliberately interfering with contraception use or access to reproductive health information, or using coercive tactics to control, or attempt to control, pregnancy outcomes.

(d) This section does not limit any remedies available under this act or any other provision of law.

history: (History: Amended by Stats. 2025, Ch. 676, Sec. 3. (SB 50) Effective January 1, 2026.)

chapter: 2. Issuance of Orders

article: 1. Ex Parte Orders

path: 10. PREVENTION OF DOMESTIC VIOLENCE > 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS > 2. Issuance of Orders > 1. Ex Parte Orders


text:
(a) An order denying a petition for an ex parte order pursuant to Section 6320 shall include the reasons for denying the petition.

(b) An order denying a jurisdictionally adequate petition for an ex parte order, pursuant to Section 6320, shall provide the petitioner the right to a noticed hearing on the earliest date that the business of the court will permit, but not later than 21 days or, if good cause appears to the court, 25 days from the date of the order. The petitioner shall serve on the respondent, at least five days before the hearing, copies of all supporting papers filed with the court, including the application and affidavits.

(c) Notwithstanding subdivision (b), upon the denial of the ex parte order pursuant to Section 6320, the petitioner shall have the option of waiving the right to a noticed hearing. However, this section does not preclude a petitioner who waives the right to a noticed hearing from refiling a new petition, without prejudice, at a later time.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 64. (AB 1817) Effective January 1, 2020.)

article: 1. Ex Parte Orders


citation: FAM § 6321

text:
(a) The court may issue an ex parte order excluding a party from the family dwelling, the dwelling of the other party, the common dwelling of both parties, or the dwelling of the person who has care, custody, and control of a child to be protected from domestic violence for the period of time and on the conditions the court determines, regardless of which party holds legal or equitable title or is the lessee of the dwelling.

(b) The court may issue an order under subdivision (a) only on a showing of all of the following:

(1) Facts sufficient for the court to ascertain that the party who will stay in the dwelling has a right under color of law to possession of the premises.

(2) That the party to be excluded has assaulted or threatens to assault the other party or any other person under the care, custody, and control of the other party, or any minor child of the parties or of the other party.

(3) That physical or emotional harm would otherwise result to the other party, to any person under the care, custody, and control of the other party, or to any minor child of the parties or of the other party.

history: (History: Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)

article: 1. Ex Parte Orders


citation: FAM § 6322

text: The court may issue an ex parte order enjoining a party from specified behavior that the court determines is necessary to effectuate orders under Section 6320 or 6321.

article: 1. Ex Parte Orders


text:
(a) When relevant information is presented to the court at a noticed hearing that a restrained person has a firearm or ammunition, the court shall consider that information and determine, by a preponderance of the evidence, whether the person subject to a protective order has a firearm or ammunition in, or subject to, their immediate possession or control in violation of Section 6389.

(b) (1) In making the determination required pursuant to subdivision (a), the court may consider whether the restrained person filed a firearm relinquishment, storage, or sales receipt or if an exemption from the firearm prohibition was granted pursuant to subdivision (h) of Section 6389.

(2) The court may make the determination at a noticed hearing when a domestic violence protective order is issued, at a subsequent review hearing, or at any subsequent family or juvenile law hearing while the order remains in effect.

(3) If the court makes a determination that the restrained person has a firearm or ammunition in violation of Section 6389, the court shall make a written record of the determination and provide a copy to any party who is present at the hearing and, upon request, to any party not present at the hearing.

(c) (1) When presented with information pursuant to subdivision (a), the court may set a review hearing to determine whether there has been a violation of Section 6389.

(2) The review hearing shall be held within 10 court days after the noticed hearing at which the information was presented. If the restrained person is not present when the court sets the review hearing, the protected person shall provide notice of the review hearing to the restrained person at least two court days before the review hearing, in accordance with Section 414.10 of the Code of Civil Procedure, by personal service or by mail to the restrained person’s last known address.

(3) The court may, for good cause, extend the date of the review hearing for a reasonable period or remove it from the calendar.

(4) The court shall order the restrained person to appear at the hearing.

(5) The court may conduct the review hearing in the absence of the protected person.

(6) This section does not prohibit the court from permitting a party or witness to appear through technology that enables remote appearances, as determined by the court.

(d) The determination made pursuant to this section may be considered by the court in issuing an order to show cause for contempt pursuant to paragraph (5) of subdivision (a) of Section 1209 of the Code of Civil Procedure or an order for monetary sanctions pursuant to Section 177.5 of the Code of Civil Procedure.

history: (History: Added by Stats. 2021, Ch. 685, Sec. 5. (SB 320) Effective January 1, 2022.)

article: 1. Ex Parte Orders


text:
(a) The court shall order that any party enjoined pursuant to an order issued under this part be prohibited from taking any action to obtain the address or location of any protected person, unless there is good cause not to make that order.

(b) The Judicial Council shall develop forms necessary to effectuate this section.

history: (History: Amended by Stats. 2010, Ch. 572, Sec. 18. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)

article: 1. Ex Parte Orders


citation: FAM § 6323

text:
(a) Subject to Section 3064:

(1) The court may issue an ex parte order determining the temporary custody and visitation of a minor child, on the conditions the court determines, to a party who has established a parent and child relationship pursuant to paragraph (2). The parties shall inform the court if a custody or visitation order has already been issued in any other proceeding.

(2) (A) In making a determination of the best interest of the child, in order to limit the child’s exposure to potential domestic violence, and to ensure the safety of all family members, if the party who has obtained the restraining order has established a parent and child relationship and the other party has not established that relationship, the court may award temporary sole legal and physical custody to the party to whom the restraining order was issued and may make an order of no visitation to the other party pending the establishment of a parent and child relationship between the child and the other party.

(B) A party may establish a parent and child relationship for purposes of subparagraph (A) only by offering proof of any of the following:

(i) The party gave birth to the child.

(ii) The child is conclusively presumed to be a child of the marriage between the parties, pursuant to Section 7540, or the party has been determined by a court to be a parent of the child, pursuant to Section 7541.

(iii) Legal adoption or pending legal adoption of the child by the party.

(iv) The party has signed a valid voluntary declaration of paternity, which has been in effect more than 60 days prior to the issuance of the restraining order, and that declaration has not been rescinded or set aside.

(v) A determination made by the juvenile court that there is a parent and child relationship between the party offering the proof and the child.

(vi) A determination of parentage made in a proceeding to determine custody or visitation in a case brought by the local child support agency pursuant to Chapter 2 (commencing with Section 17400) of Division 17.

(vii) The party has been determined to be the parent of the child through a proceeding under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).

(viii) Both parties stipulate, in writing or on the record, for purposes of this proceeding, that they are the parents of the child.

(b) (1) Except as provided in paragraph (2), the court shall not make a finding of paternity in this proceeding, and an order issued pursuant to this section shall be without prejudice in any other action brought to establish a parent and child relationship.

(2) The court may accept a stipulation of paternity by the parties and, if paternity is uncontested, enter a judgment establishing paternity, subject to the set-aside provisions in Section 7646.

(c) When making an order for custody or visitation pursuant to this section, the court’s order shall specify the time, day, place, and manner of transfer of the child for custody or visitation to limit the child’s exposure to potential domestic conflict or violence and to ensure the safety of all family members. If the court finds a party is staying in a place designated as a shelter for victims of domestic violence or other confidential location, the court’s order for time, day, place, and manner of transfer of the child for custody or visitation shall be designed to prevent disclosure of the location of the shelter or other confidential location.

(d) When making an order for custody or visitation pursuant to this section, the court shall consider whether the best interest of the child, based upon the circumstances of the case, requires that a visitation or custody arrangement shall be limited to situations in which a third person, specified by the court, is present, or whether visitation or custody shall be suspended or denied.

(e) When determining whether visitation should be suspended, denied, or limited to situations in which a third person is present pursuant to subdivision (d), the court shall consider a determination made pursuant to Section 6322.5 that the party is a restrained person in possession or control of a firearm or ammunition in violation of Section 6389.

history: (History: Amended by Stats. 2021, Ch. 685, Sec. 6. (SB 320) Effective January 1, 2022.)

article: 1. Ex Parte Orders


text:
(a) For purposes of this section, the following definitions apply:

(1) “Discretionary services organization” includes any organization that provides nonessential services to children, such as recreational activities, entertainment, and summer camps. “Discretionary services organization” also includes a place of employment of a minor described in subdivision (b).

(2) “Essential care provider” includes a public or private school, health care facility, daycare facility, dental facility, or other similar organization that frequently provides essential social, health, or care services to children.

(b) (1) Notwithstanding Section 3025, and in accordance with Section 6322, a court may include in an ex parte order a provision restraining a party from accessing records and information pertaining to the health care, education, daycare, recreational activities, or employment of a minor child of the parties.

(2) A parent or guardian may provide a copy of an order with a provision specified in paragraph (1) to an essential care provider or a discretionary services organization, or both.

(c) (1) (A) An essential care provider shall, on or before February 1, 2023, develop protocols relating to the provider’s compliance with the order described in subdivision (b), including, at a minimum, designating the appropriate personnel responsible for receiving the protective order, establishing a means of ensuring that the restrained party is not able to access the records or information, and implementing a procedure for submission of a copy of an order and for providing the party that submits the copy of the order with documentation indicating when, and to whom, the copy of the order was submitted.

(B) A discretionary services organization that is provided an order described in subdivision (b), shall develop the protocols specified in paragraph (1) within 30 days of receipt of the first order.

(2) If an essential care provider or discretionary services organization is provided with a copy of an order described in subdivision (b), the essential care provider or discretionary services organization shall not release information or records pertaining to the child to the restrained party. This requirement applies regardless of whether the essential care provider or discretionary services organization has finalized the protocols described in paragraph (1).

(d) The Judicial Council shall develop or update any forms or rules of court that are necessary to implement this section.

(e) This section shall become operative on January 1, 2023.

history: (History: Added by Stats. 2021, Ch. 129, Sec. 2. (SB 24) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)

article: 1. Ex Parte Orders


citation: FAM § 6324

text: The court may issue an ex parte order determining the temporary use, possession, and control of real or personal property of the parties and the payment of any liens or encumbrances coming due during the period the order is in effect.

article: 1. Ex Parte Orders


citation: FAM § 6325

text: The court may issue an ex parte order restraining a married person from specified acts in relation to community, quasi-community, and separate property as provided in Section 2045.

article: 1. Ex Parte Orders


text:
(a) The court may issue an ex parte order restraining any party from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage held for the benefit of the parties, or their child or children, if any, for whom support may be ordered, or both.

(b) This section shall become operative on July 1, 2014.

history: (History: Added by Stats. 2013, Ch. 261, Sec. 1. (AB 161) Effective January 1, 2014. Section operative July 1, 2014, by its own provisions.)

article: 1. Ex Parte Orders


citation: FAM § 6326

text: An ex parte order under this article shall be issued or denied on the same day that the application is submitted to the court, unless the application is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court. A petition for an ex parte order pursuant to this article shall not be denied solely because the other party was not provided with notice.

history: (History: Amended by Stats. 2018, Ch. 219, Sec. 2. (AB 2694) Effective January 1, 2019.)

article: 1. Ex Parte Orders


citation: FAM § 6327

text: Part 4 (commencing with Section 240) of Division 2 applies to the issuance of any ex parte order under this article, other than an order under Section 6322.5.

history: (History: Amended by Stats. 1998, Ch. 511, Sec. 6. Effective January 1, 1999.)

article: 1. Ex Parte Orders


citation: FAM § 6340

text:
(a) (1) The court may issue any of the orders described in Article 1 (commencing with Section 6320) after notice and a hearing. When determining whether to make any orders under this subdivision, the court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner and the children for whom the custody or visitation orders are sought. If the court makes any order for custody, visitation, or support, that order shall survive the termination of any protective order. The Judicial Council shall provide notice of this provision on any Judicial Council forms related to this subdivision.

(2) (A) If at the time of a hearing with respect to an order issued pursuant to this part based on an ex parte temporary restraining order, the court determines that, after diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the restrained party is evading service, the court may permit an alternative method of service designed to give reasonable notice of the action to the respondent. Alternative methods of service include, but are not limited to, the following:

(i) Service by publication pursuant to the standards set forth in Section 415.50 of the Code of Civil Procedure.

(ii) Service by first-class mail sent to the respondent at the most current address for the respondent that is available to the court or delivering a copy of the pleadings and orders at the respondent’s home or place of employment, pursuant to the standards set forth in Sections 415.20 to 415.40, inclusive, of the Code of Civil Procedure.

(B) If the court permits an alternative method of service under this paragraph, the court shall grant a continuance to allow for the alternative service pursuant to Section 245.

(b) The court shall, upon denying a petition under this part, provide a brief statement of the reasons for the decision in writing or on the record. A decision stating “denied” is insufficient.

(c) The court may issue an order described in Section 6321 excluding a person from a dwelling if the court finds that physical or emotional harm would otherwise result to the other party, to a person under the care, custody, and control of the other party, or to a minor child of the parties or of the other party.

history: (History: Amended by Stats. 2018, Ch. 219, Sec. 3. (AB 2694) Effective January 1, 2019.)

path: 10. PREVENTION OF DOMESTIC VIOLENCE > 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS > 2. Issuance of Orders > 2. Orders Issuable After Notice and Hearing


citation: FAM § 6341

text:
(a) If the parties are married to each other and no other child support order exists or if there is a presumption under Section 7611 that the respondent is the natural father of a minor child and the child is in the custody of the petitioner, after notice and a hearing, the court may, if requested by the petitioner, order a party to pay an amount necessary for the support and maintenance of the child if the order would otherwise be authorized in an action brought pursuant to Division 9 (commencing with Section 3500) or the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12). When determining whether to make any orders under this subdivision, the court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner and the children for whom child support is requested, including safety concerns related to the financial needs of the petitioner and the children. The Judicial Council shall provide notice of this provision on any Judicial Council forms related to this subdivision.

(b) An order issued pursuant to subdivision (a) of this section shall be without prejudice in an action brought pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).

(c) If the parties are married to each other and no spousal support order exists, after notice and a hearing, the court may order the respondent to pay spousal support in an amount, if any, that would otherwise be authorized in an action pursuant to Part 1 (commencing with Section 3500) or Part 3 (commencing with Section 4300) of Division 9. When determining whether to make any orders under this subdivision, the court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner, including safety concerns related to the financial needs of the petitioner. The Judicial Council shall provide notice of this provision on any Judicial Council forms related to this subdivision.

(d) An order issued pursuant to subdivision (c) shall be without prejudice in a proceeding for dissolution of marriage, nullity of marriage, or legal separation of the parties.

history: (History: Amended by Stats. 2005, Ch. 22, Sec. 63. Effective January 1, 2006.)

article: 2. Orders Issuable After Notice and Hearing


citation: FAM § 6342

text:
(a) After notice and a hearing, the court may issue any of the following orders:

(1) An order that restitution be paid to the petitioner for loss of earnings and out-of-pocket expenses, including, but not limited to, expenses for medical care and temporary housing, incurred as a direct result of the abuse inflicted by the respondent or any actual physical injuries sustained from the abuse.

(2) An order that restitution be paid by the petitioner for out-of-pocket expenses incurred by a party as a result of an ex parte order that is found by the court to have been issued on facts shown at a noticed hearing to be insufficient to support the order.

(3) An order that restitution be paid by the respondent to any public or private agency for the reasonable cost of providing services to the petitioner required as a direct result of the abuse inflicted by the respondent or any actual injuries sustained therefrom.

(b) An order for restitution under this section shall not include damages for pain and suffering.


text:
(a) After notice and a hearing, the court may issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period.

(b) The order described in subdivision (a) may include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party. For purposes of this subdivision, the acts that may support this finding include, but are not limited to, the crimes proscribed by Section 530.5 of the Penal Code. This finding does not affect the priority of any lien or other security interest.

(c) The Judicial Council shall adopt appropriate forms and modify existing forms, as necessary, to effectuate this section.

(d) This section shall be operative on January 1, 2022.

history: (History: Added by Stats. 2020, Ch. 245, Sec. 1. (AB 2517) Effective January 1, 2021. Operative January 1, 2022, by its own provisions.)


citation: FAM § 6343

text:
(a) After notice and a hearing, the court may issue an order requiring the restrained party to participate in a batterer’s program approved by the probation department as provided in Section 1203.097 of the Penal Code.

(b) (1) Commencing July 1, 2016, if the court orders a restrained party to participate in a batterer’s program pursuant to subdivision (a), the restrained party shall do all of the following:

(A) Register for the program by the deadline ordered by the court. If no deadline is ordered by the court, the restrained party shall register no later than 30 days from the date the order was issued.

(B) At the time of enrollment, sign all necessary program consent forms for the program to release proof of enrollment, attendance records, and completion or termination reports to the court and the protected party, or the protected party’s attorney. The court and the protected party may provide to the program a fax number or mailing address for purposes of receiving proof of enrollment, attendance records, and completion or termination reports.

(C) Provide the court and the protected party with the name, address, and telephone number of the program.

(2) By July 1, 2016, the Judicial Council shall revise or promulgate forms as necessary to effectuate this subdivision.

(c) The courts shall, in consultation with local domestic violence shelters and programs, develop a resource list of referrals to appropriate community domestic violence programs and services to be provided to each applicant for an order under this section.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 66. (AB 1817) Effective January 1, 2020.)


citation: FAM § 6344

text:
(a) After notice and a hearing, a court, upon request, shall issue an order for the payment of attorney’s fees and costs for a prevailing petitioner.

(b) After notice and a hearing, the court, upon request, may issue an order for the payment of attorney’s fees and costs for a prevailing respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay.

(c) Before a court awards attorney’s fees and costs pursuant to this section, the court shall first determine pursuant to Section 270 that the party ordered to pay has, or is reasonably likely to have, the ability to pay.

history: (History: Repealed and added by Stats. 2022, Ch. 591, Sec. 2. (AB 2369) Effective January 1, 2023.)


citation: FAM § 6345

text:
(a) In the discretion of the court, the personal conduct, stay-away, and residence exclusion orders contained in a court order issued after notice and a hearing under this article may have a duration of not more than five years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, either for five or more years, or permanently, at the discretion of the court, without a showing of further abuse since the issuance of the original order. Renewals and subsequent renewals shall be subject to termination, modification, or subsequent renewal by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the orders.

(b) Notwithstanding subdivision (a), the duration of any orders, other than the protective orders described in subdivision (a), that are also contained in a court order issued after notice and a hearing under this article, including, but not limited to, orders for custody, visitation, support, and disposition of property, shall be governed by the law relating to those specific subjects.

(c) The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.

(d) If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive the right to notice if the protected party is physically present in court and does not challenge the sufficiency of the notice.

(e) On or before January 1, 2025, the Judicial Council shall create one or more specific forms for the purpose of requesting a modification of an existing restraining order.

history: (History: Amended by Stats. 2023, Ch. 874, Sec. 2. (SB 459) Effective January 1, 2024.)


citation: FAM § 6346

text: The court may make appropriate custody and visitation orders pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) after notice and a hearing under this section when the party who has requested custody or visitation has not established a parent and child relationship under subparagraph (B) of paragraph (2) of subdivision (a) of Section 6323, but has taken steps to establish that relationship by filing an action under the Uniform Parentage Act.

history: (History: Added by Stats. 1997, Ch. 396, Sec. 3. Effective January 1, 1998.)


citation: FAM § 6347

text:
(a) Commencing July 1, 2016, in order to ensure that the requesting party can maintain an existing wireless telephone number, and the wireless numbers of any minor children in the care of the requesting party, the court may issue an order, after notice and a hearing, directing a wireless telephone service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the requesting party, if the requesting party is not the accountholder.

(b) (1) The order transferring billing responsibility for and rights to the wireless telephone number or numbers to a requesting party shall be a separate order that is directed to the wireless telephone service provider. The order shall list the name and billing telephone number of the accountholder, the name and contact information of the person to whom the telephone number or numbers will be transferred, and each telephone number to be transferred to that person. The court shall ensure that the contact information of the requesting party is not provided to the accountholder in proceedings held pursuant to Division 10 (commencing with Section 6200).

(2) The order shall be served on the wireless service provider’s agent for service of process listed with the Secretary of State.

(3) Where the wireless service provider cannot operationally or technically effectuate the order due to certain circumstances, including, but not limited to, any of the following, the wireless service provider shall notify the requesting party within 72 hours of receipt of the order:

(A) When the accountholder has already terminated the account.

(B) When differences in network technology prevent the functionality of a device on the network.

(C) When there are geographic or other limitations on network or service availability.

(c) (1) Upon transfer of billing responsibility for and rights to a wireless telephone number or numbers to a requesting party pursuant to subdivision (b) by a wireless telephone service provider, the requesting party shall assume all financial responsibility for the transferred wireless telephone number or numbers, monthly service costs, and costs for any mobile device associated with the wireless telephone number or numbers.

(2) This section shall not preclude a wireless service provider from applying any routine and customary requirements for account establishment to the requesting party as part of this transfer of billing responsibility for a wireless telephone number or numbers and any devices attached to that number or numbers, including, but not limited to, identification, financial information, and customer preferences.

(d) This section shall not affect the ability of the court to apportion the assets and debts of the parties as provided for in law, or the ability to determine the temporary use, possession, and control of personal property pursuant to Sections 6324 and 6340.

(e) No cause of action shall lie against any wireless telephone service provider, its officers, employees, or agents, for actions taken in accordance with the terms of a court order issued pursuant to this section.

(f) The Judicial Council shall, on or before July 1, 2016, develop any forms or rules necessary to effectuate this section.

history: (History: Added by Stats. 2015, Ch. 415, Sec. 2. (AB 1407) Effective January 1, 2016.)


citation: FAM § 6360

text: A judgment entered in a proceeding for dissolution of marriage, for nullity of marriage, for legal separation of the parties, in a proceeding brought pursuant to this division, or in an action brought pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) may include a protective order as defined in Section 6218.

article: 3. Orders Included in Judgment

path: 10. PREVENTION OF DOMESTIC VIOLENCE > 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS > 2. Issuance of Orders > 3. Orders Included in Judgment


citation: FAM § 6361

text:
If an order is included in a judgment pursuant to this article, the judgment shall state on its face both of the following:

(a) Which provisions of the judgment are the orders.

(b) The date of expiration of the orders, which shall be not more than five years from the date the judgment is issued, unless extended by the court after notice and a hearing.

history: (History: Amended by Stats. 2005, Ch. 125, Sec. 2. Effective January 1, 2006.)

article: 3. Orders Included in Judgment