reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 2 - GENERAL PROVISIONS › Section 6220.

6220. 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.
(Amended by Stats. 2014, Ch. 635, Sec. 3. (AB 2089) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 2 - GENERAL PROVISIONS › Section 6221.

6221. (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.
(Amended by Stats. 1999, Ch. 661, Sec. 4. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 2 - GENERAL PROVISIONS › Section 6222.

6222. 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.
(Amended by Stats. 2021, Ch. 686, Sec. 1. (SB 538) Effective January 1, 2022.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 2 - GENERAL PROVISIONS › Section 6223.

6223. 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).
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 2 - GENERAL PROVISIONS › Section 6224.

6224. 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.”
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 2 - GENERAL PROVISIONS › Section 6225.

6225. 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.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 2 - GENERAL PROVISIONS › Section 6226.

6226. 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.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 2 - GENERAL PROVISIONS › Section 6226.5.

6226.5. (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.
(Added by Stats. 2021, Ch. 457, Sec. 1. (AB 277) Effective January 1, 2022.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 2 - GENERAL PROVISIONS › Section 6227.

6227. The remedies provided in this division are in addition to any other civil or criminal remedies that may be available to the petitioner.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 2 - GENERAL PROVISIONS › Section 6229.

6229. 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.
(Added by Stats. 2010, Ch. 572, Sec. 12. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 1 - General Provisions › Section 6240.

6240. 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.
(Amended by Stats. 2004, Ch. 250, Sec. 1. Effective January 1, 2005.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 1 - General Provisions › Section 6241.

6241. 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.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 2 - Issuance and Effect of Emergency Protective Order › Section 6250.

6250. 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.
(Amended by Stats. 2003, Ch. 468, Sec. 3. Effective January 1, 2004.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 2 - Issuance and Effect of Emergency Protective Order › Section 6250.3.

6250.3. 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.
(Added by Stats. 2006, Ch. 82, Sec. 1. Effective January 1, 2007.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 2 - Issuance and Effect of Emergency Protective Order › Section 6250.5.

6250.5. 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.
(Added by Stats. 1999, Ch. 659, Sec. 1.5. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 2 - Issuance and Effect of Emergency Protective Order › Section 6251.

6251. 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.
(Amended by Stats. 1999, Ch. 561, Sec. 2. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 2 - Issuance and Effect of Emergency Protective Order › Section 6252.

6252. 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.
(Amended by Stats. 1999, Ch. 561, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 2 - Issuance and Effect of Emergency Protective Order › Section 6252.5.

6252.5. (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.
(Added by Stats. 2005, Ch. 472, Sec. 2. Effective January 1, 2006.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 2 - Issuance and Effect of Emergency Protective Order › Section 6253.

6253. 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.”
(Amended by Stats. 1996, Ch. 988, Sec. 7. Effective January 1, 1997.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 2 - Issuance and Effect of Emergency Protective Order › Section 6254.

6254. The fact that the endangered person has left the household to avoid abuse does not affect the availability of an emergency protective order.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 2 - Issuance and Effect of Emergency Protective Order › Section 6255.

6255. An emergency protective order shall be issued without prejudice to any person.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 2 - Issuance and Effect of Emergency Protective Order › Section 6256.

6256. 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.
(Amended (as added by Stats. 1993, Ch. 219) by Stats. 1993, Ch. 1229, Sec. 2. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 2 - Issuance and Effect of Emergency Protective Order › Section 6257.

6257. 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.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 3 - Duties of Law Enforcement Officer › Section 6270.

6270. A law enforcement officer who requests an emergency protective order shall reduce the order to writing and sign it.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 3 - Duties of Law Enforcement Officer › Section 6271.

6271. 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.
(Amended by Stats. 2013, Ch. 145, Sec. 1. (AB 238) Effective January 1, 2014.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 3 - Duties of Law Enforcement Officer › Section 6272.

6272. (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.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 3 - Duties of Law Enforcement Officer › Section 6274.

6274. 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.
(Added by Stats. 1997, Ch. 169, Sec. 1. Effective January 1, 1998.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 3 - EMERGENCY PROTECTIVE ORDERS › CHAPTER 3 - Duties of Law Enforcement Officer › Section 6275.

6275. (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.
(Amended by Stats. 2019, Ch. 115, Sec. 60. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 1 - General Provisions › Section 6300.

6300. (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.
(Amended by Stats. 2018, Ch. 219, Sec. 1. (AB 2694) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 1 - General Provisions › Section 6301.

6301. (a) 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.
(b) 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.
(c) 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.
(Amended by Stats. 2015, Ch. 303, Sec. 150. (AB 731) Effective January 1, 2016.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 1 - General Provisions › Section 6302.

6302. 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.
(Amended by Stats. 2019, Ch. 115, Sec. 61. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 1 - General Provisions › Section 6303.

6303. (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.
(Amended by Stats. 2019, Ch. 115, Sec. 62. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 1 - General Provisions › Section 6304.

6304. 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.
(Amended by Stats. 2021, Ch. 685, Sec. 3. (SB 320) Effective January 1, 2022.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 1 - General Provisions › Section 6305.

6305. (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.
(Amended by Stats. 2015, Ch. 73, Sec. 1. (AB 536) Effective January 1, 2016.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 1 - General Provisions › Section 6306.5.

6306.5. (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.
(Added by Stats. 2021, Ch. 681, Sec. 1. (AB 887) Effective January 1, 2022.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 1 - General Provisions › Section 6306.6.

6306.6. (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.
(Added by Stats. 2021, Ch. 681, Sec. 2. (AB 887) Effective January 1, 2022.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 1 - General Provisions › Section 6307.

6307. (a) (1) 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.
(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.
(d) This section shall become operative on July 1, 2023.
(Repealed and added by Stats. 2022, Ch. 420, Sec. 17. (AB 2960) Effective January 1, 2023. Operative July 1, 2023, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 1 - General Provisions › Section 6308.

6308. 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.
(Amended by Stats. 2022, Ch. 420, Sec. 18. (AB 2960) Effective January 1, 2023.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 1 - Ex Parte Orders › Section 6320.5.

6320.5. (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.
(Amended by Stats. 2019, Ch. 115, Sec. 64. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 1 - Ex Parte Orders › Section 6321.

6321. (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.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 1 - Ex Parte Orders › Section 6322.

6322. 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.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 1 - Ex Parte Orders › Section 6322.5.

6322.5. (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.
(Added by Stats. 2021, Ch. 685, Sec. 5. (SB 320) Effective January 1, 2022.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 1 - Ex Parte Orders › Section 6322.7.

6322.7. (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.
(Amended by Stats. 2010, Ch. 572, Sec. 18. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 1 - Ex Parte Orders › Section 6323.5.

6323.5. (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.
(Added by Stats. 2021, Ch. 129, Sec. 2. (SB 24) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 1 - Ex Parte Orders › Section 6324.

6324. 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.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 1 - Ex Parte Orders › Section 6325.

6325. 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.
(Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 1 - Ex Parte Orders › Section 6325.5.

6325.5. (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.
(Added by Stats. 2013, Ch. 261, Sec. 1. (AB 161) Effective January 1, 2014. Section operative July 1, 2014, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 1 - Ex Parte Orders › Section 6326.

6326. 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.
(Amended by Stats. 2018, Ch. 219, Sec. 2. (AB 2694) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 10 - PREVENTION OF DOMESTIC VIOLENCE › PART 4 - PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS › CHAPTER 2 - Issuance of Orders › ARTICLE 1 - Ex Parte Orders › Section 6327.

6327. 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.
(Amended by Stats. 1998, Ch. 511, Sec. 6. Effective January 1, 1999.)