reglab/statecodes huggingface dataset:
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 4 - Production of Business Records › Section 1564.

1564. The personal attendance of the custodian or other qualified witness and the production of the original records is not required unless, at the discretion of the requesting party, the subpoena duces tecum contains a clause which reads:
“The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized pursuant to subdivision (b) of Section 1560, and Sections 1561 and 1562, of the Evidence Code will not be deemed sufficient compliance with this subpoena.”
(Amended by Stats. 1987, Ch. 19, Sec. 4. Effective May 12, 1987.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 4 - Production of Business Records › Section 1565.

1565. If more than one subpoena duces tecum is served upon the custodian of records or other qualified witness and the personal attendance of the custodian or other qualified witness is required pursuant to Section 1564, the witness shall be deemed to be the witness of the party serving the first such subpoena duces tecum.
(Amended by Stats. 1969, Ch. 199.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 2 - Secondary Evidence of Writings › ARTICLE 4 - Production of Business Records › Section 1567.

1567. A completed form described in Section 3664 of the Family Code for income and benefit information provided by the employer may be admissible in a proceeding for modification or termination of an order for child, family, or spousal support if both of the following requirements are met:
(a) The completed form complies with Sections 1561 and 1562.
(b) A copy of the completed form and notice was served on the employee named therein pursuant to Section 3664 of the Family Code.
(Added by Stats. 1995, Ch. 506, Sec. 1. Effective January 1, 1996.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 3 - Official Writings Affecting Property › Section 1600.

1600. (a) The record of an instrument or other document purporting to establish or affect an interest in property is prima facie evidence of the existence and content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed if:
(1) The record is in fact a record of an office of a public entity; and
(2) A statute authorized such a document to be recorded in that office.
(b) The presumption established by this section is a presumption affecting the burden of proof.
(Amended by Stats. 1967, Ch. 650.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 3 - Official Writings Affecting Property › Section 1601.

1601. (a) Subject to subdivisions (b) and (c), when in any action it is desired to prove the contents of the official record of any writing lost or destroyed by conflagration or other public calamity, after proof of such loss or destruction, the following may, without further proof, be admitted in evidence to prove the contents of such record:
(1) Any abstract of title made and issued and certified as correct prior to such loss or destruction, and purporting to have been prepared and made in the ordinary course of business by any person engaged in the business of preparing and making abstracts of title prior to such loss or destruction; or
(2) Any abstract of title, or of any instrument affecting title, made, issued, and certified as correct by any person engaged in the business of insuring titles or issuing abstracts of title to real estate, whether the same was made, issued, or certified before or after such loss or destruction and whether the same was made from the original records or from abstract and notes, or either, taken from such records in the preparation and upkeeping of its plant in the ordinary course of its business.
(b) No proof of the loss of the original writing is required other than the fact that the original is not known to the party desiring to prove its contents to be in existence.
(c) Any party desiring to use evidence admissible under this section shall give reasonable notice in writing to all other parties to the action who have appeared therein, of his intention to use such evidence at the trial of the action, and shall give all such other parties a reasonable opportunity to inspect the evidence, and also the abstracts, memoranda, or notes from which it was compiled, and to take copies thereof.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 3 - Official Writings Affecting Property › Section 1603.

1603. A deed of conveyance of real property, purporting to have been executed by a proper officer in pursuance of legal process of any of the courts of record of this state, acknowledged and recorded in the office of the recorder of the county wherein the real property therein described is situated, or the record of such deed, or a certified copy of such record, is prima facie evidence that the property or interest therein described was thereby conveyed to the grantee named in such deed. The presumption established by this section is a presumption affecting the burden of proof.
(Amended by Stats. 1967, Ch. 650.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 3 - Official Writings Affecting Property › Section 1604.

1604. A certificate of purchase, or of location, of any lands in this state, issued or made in pursuance of any law of the United States or of this state, is prima facie evidence that the holder or assignee of such certificate is the owner of the land described therein; but this evidence may be overcome by proof that, at the time of the location, or time of filing a preemption claim on which the certificate may have been issued, the land was in the adverse possession of the adverse party, or those under whom he claims, or that the adverse party is holding the land for mining purposes.
(Enacted by Stats. 1965, Ch. 299.)
2023 California Code › Evidence Code - EVID › DIVISION 11 - WRITINGS › CHAPTER 3 - Official Writings Affecting Property › Section 1605.

1605. Duplicate copies and authenticated translations of original Spanish title papers relating to land claims in this state, derived from the Spanish or Mexican governments, prepared under the supervision of the Keeper of Archives, authenticated by the Surveyor-General or his successor and by the Keeper of Archives, and filed with a county recorder, in accordance with Chapter 281 of the Statutes of 1865–66, are admissible as evidence with like force and effect as the originals and without proving the execution of such originals.
(Amended by Stats. 1967, Ch. 650.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 1 - PRELIMINARY PROVISIONS › Section 2.

2. A provision of this code, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered as a restatement and continuation thereof and not as a new enactment, and a reference in a statute to the provision of this code shall be deemed to include a reference to the previously existing provision unless a contrary intent appears.
(Amended by Stats. 1993, Ch. 219, Sec. 78. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 1 - PRELIMINARY PROVISIONS › Section 3.

3. A provision of this code, insofar as it is the same in substance as a provision of a uniform act, shall be construed to effectuate the general purpose to make uniform the law in those states which enact that provision.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 1 - PRELIMINARY PROVISIONS › Section 4.

4. (a) As used in this section:
(1) “New law” means either of the following, as the case may be:
(A) The act that enacted this code.
(B) The act that makes a change in this code, whether effectuated by amendment, addition, or repeal of a provision of this code.
(2) “Old law” means the applicable law in effect before the operative date of the new law.
(3) “Operative date” means the operative date of the new law.
(b) This section governs the application of the new law except to the extent otherwise expressly provided in the new law.
(c) Subject to the limitations provided in this section, the new law applies on the operative date to all matters governed by the new law, regardless of whether an event occurred or circumstance existed before, on, or after the operative date, including, but not limited to, commencement of a proceeding, making of an order, or taking of an action.
(d) If a document or paper is filed before the operative date, the contents, execution, and notice thereof are governed by the old law and not by the new law; but subsequent proceedings taken after the operative date concerning the document or paper, including an objection or response, a hearing, an order, or other matter relating thereto is governed by the new law and not by the old law.
(e) If an order is made before the operative date, or an action on an order is taken before the operative date, the validity of the order or action is governed by the old law and not by the new law. Nothing in this subdivision precludes proceedings after the operative date to modify an order made, or alter a course of action commenced, before the operative date to the extent proceedings for modification of an order or alteration of a course of action of that type are otherwise provided in the new law.
(f) No person is liable for an action taken before the operative date that was proper at the time the action was taken, even though the action would be improper if taken on or after the operative date, and the person has no duty, as a result of the enactment of the new law, to take any step to alter the course of action or its consequences.
(g) If the new law does not apply to a matter that occurred before the operative date, the old law continues to govern the matter notwithstanding its repeal or amendment by the new law.
(h) If a party shows, and the court determines, that application of a particular provision of the new law or of the old law in the manner required by this section or by the new law would substantially interfere with the effective conduct of the proceedings or the rights of the parties or other interested persons in connection with an event that occurred or circumstance that existed before the operative date, the court may, notwithstanding this section or the new law, apply either the new law or the old law to the extent reasonably necessary to mitigate the substantial interference.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 1 - PRELIMINARY PROVISIONS › Section 5.

5. Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this code.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 1 - PRELIMINARY PROVISIONS › Section 6.

6. Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 1 - PRELIMINARY PROVISIONS › Section 7.

7. Whenever a reference is made to a portion of this code or to another law, the reference applies to all amendments and additions regardless of when made.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 1 - PRELIMINARY PROVISIONS › Section 8.

8. Unless otherwise expressly stated:
(a) “Division” means a division of this code.
(b) “Part” means a part of the division in which that term occurs.
(c) “Chapter” means a chapter of the division or part, as the case may be, in which that term occurs.
(d) “Article” means an article of the chapter in which that term occurs.
(e) “Section” means a section of this code.
(f) “Subdivision” means a subdivision of the section in which that term occurs.
(g) “Paragraph” means a paragraph of the subdivision in which that term occurs.
(h) “Subparagraph” means a subparagraph of the paragraph in which that term occurs.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 1 - PRELIMINARY PROVISIONS › Section 11.

11. A reference to “husband” and “wife,” “spouses,” or “married persons,” or a comparable term, includes persons who are lawfully married to each other and persons who were previously lawfully married to each other, as is appropriate under the circumstances of the particular case.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 1 - PRELIMINARY PROVISIONS › Section 12.

12. “Shall” is mandatory and “may” is permissive. “Shall not” and “may not” are prohibitory.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 1 - PRELIMINARY PROVISIONS › Section 13.

13. If a provision or clause of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 58.

58. “Child for whom support may be ordered” means a minor child and a child for whom support is authorized under Section 3587, 3901, or 3910.
(Added by Stats. 1993, Ch. 219, Sec. 79. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 65.

65. “Community property” is property that is community property under Part 2 (commencing with Section 760) of Division 4.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 70.

70. (a) “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:
(1) The spouse has expressed to the other spouse the intent to end the marriage.
(2) The conduct of the spouse is consistent with the intent to end the marriage.
(b) In determining the date of separation, the court shall take into consideration all relevant evidence.
(c) It is the intent of the Legislature in enacting this section to abrogate the decisions in In re Marriage of Davis (2015) 61 Cal.4th 846 and In re Marriage of Norviel (2002) 102 Cal.App.4th 1152.
(Amended by Stats. 2019, Ch. 115, Sec. 1. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 80.

80. “Employee benefit plan” includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P.L. 93-406) (ERISA), as amended. The term also includes “employee benefit plan” as defined in Section 3 of ERISA (29 U.S.C.A. Sec. 1002(3)).
(Amended by Stats. 1994, Ch. 1269, Sec. 9. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 92.

92. “Family support” means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 105.

105. “Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.
(Amended by Stats. 1994, Ch. 1010, Sec. 107. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 125.

125. “Quasi-community property” means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:
(a) By either spouse while domiciled elsewhere which would have been community property if the spouse who acquired the property had been domiciled in this state at the time of its acquisition.
(b) In exchange for real or personal property, wherever situated, which would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 130.

130. “Separate property” is property that is separate property under Part 2 (commencing with Section 760) of Division 4.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 145.

145. “State” means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States.
(Amended by Stats. 1999, Ch. 661, Sec. 3. Effective January 1, 2000. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 150.

150. “Support” refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. It also includes past due support or arrearage when it exists. “Support,” when used with reference to a minor child or a child described in Section 3901, includes maintenance and education.
(Amended by Stats. 2000, Ch. 808, Sec. 22. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 2 - DEFINITIONS › Section 155.

155. “Support order” means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. For the purposes of Section 685.020 of the Code of Civil Procedure, only the initial support order, whether temporary or final, whether or not the order is contained in a judgment, shall be considered an installment judgment. No support order or other order or notice issued, which sets forth the amount of support owed for prior periods of time or establishes a periodic payment to liquidate the support owed for prior periods, shall be considered a money judgment for purposes of subdivision (b) of Section 685.020 of the Code of Civil Procedure.
(Amended by Stats. 2002, Ch. 539, Sec. 2. Effective January 1, 2003.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 3 - Indian Children › Section 177.

177. (a) In an Indian child custody proceeding, the court shall apply Sections 224.2 to 224.6, inclusive, and Sections 305.5, 361.31, and 361.7 of the Welfare and Institutions Code, and the following rules from the California Rules of Court, as they read on January 1, 2007:
(1) Paragraph (7) of subdivision (b) of Rule 5.530.
(2) Subdivision (i) of Rule 5.534.
(b) In the provisions cited in subdivision (a), references to social workers, probation officers, county welfare department, or probation department shall be construed as meaning the party seeking a foster care placement, guardianship, or adoption under this code.
(c) This section shall only apply to proceedings involving an Indian child.
(Amended by Stats. 2007, Ch. 130, Sec. 85. Effective January 1, 2008.)
2023 California Code › Family Code - FAM › DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS › PART 3 - Indian Children › Section 185.

185. (a) In a custody proceeding involving a child who would otherwise be an Indian child based on the definition contained in paragraph (4) of Section 1903 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), but is not an Indian child based on status of the child’s tribe, as defined in paragraph (8) of Section 1903 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), the court may permit the tribe from which the child is descended to participate in the proceeding upon request of the tribe.
(b) If the court permits a tribe to participate in a proceeding, the tribe may do all of the following, upon consent of the court:
(1) Be present at the hearing.
(2) Address the court.
(3) Request and receive notice of hearings.
(4) Request to examine court documents relating to the proceeding.
(5) Present information to the court that is relevant to the proceeding.
(6) Submit written reports and recommendations to the court.
(7) Perform other duties and responsibilities as requested or approved by the court.
(c) If more than one tribe requests to participate in a proceeding under subdivision (a), the court may limit participation to the tribe with which the child has the most significant contacts, as determined in accordance with paragraph (2) of subdivision (d) of Section 170.
(d) This section is intended to assist the court in making decisions that are in the best interest of the child by permitting a tribe in the circumstances set out in subdivision (a) to inform the court and parties to the proceeding about placement options for the child within the child’s extended family or the tribal community, services and programs available to the child and the child’s parents as Indians, and other unique interests the child or the child’s parents may have as Indians. This section shall not be construed to make the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), or any state law implementing the Indian Child Welfare Act, applicable to the proceedings, or to limit the court’s discretion to permit other interested persons to participate in these or any other proceedings.
(e) This section shall only apply to proceedings involving an Indian child.
(Added by Stats. 2006, Ch. 838, Sec. 1. Effective January 1, 2007.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 2 - GENERAL PROCEDURAL PROVISIONS › Section 210.

210. Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code.
(Amended by Stats. 2002, Ch. 1118, Sec. 2. Effective January 1, 2003.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 2 - GENERAL PROCEDURAL PROVISIONS › Section 211.

211. Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this code.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 2 - GENERAL PROCEDURAL PROVISIONS › Section 211.5.

211.5. (a) (1) Commencing January 1, 2024, in proceedings under this code, a court shall provide self-identified veterans with a list of resources for veterans, including information about how to contact the local office of the Department of Veterans Affairs.
(2) The veteran may, at their discretion, provide the information about their veteran status on the Judicial Council military service form, file the form with the court, and serve it on the other parties to the action.
(b) (1) When a person files a form identifying the person as a veteran pursuant to paragraph (2) of subdivision (a), the court shall transmit a copy of the form to the Department of Veterans Affairs.
(2) Upon receipt of a copy of the form, the Department of Veterans Affairs shall, within a reasonable time, contact the person using the information provided on the form.
(c) On or before January 1, 2024, the Judicial Council may amend or develop the rules and forms necessary to implement this section.
(Added by Stats. 2022, Ch. 385, Sec. 2. (SB 1182) Effective January 1, 2023.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 2 - GENERAL PROCEDURAL PROVISIONS › Section 213.

213. (a) In a hearing on an order to show cause, or on a modification thereof, or in a hearing on a motion, other than for contempt, the responding party may seek affirmative relief alternative to that requested by the moving party, on the same issues raised by the moving party, by filing a responsive declaration within the time set by statute or rules of court.
(b) This section applies in any of the following proceedings:
(1) A proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties.
(2) A proceeding relating to a protective order described in Section 6218.
(3) Any other proceeding in which there is at issue the visitation, custody, or support of a child.
(Amended by Stats. 1993, Ch. 219, Sec. 83. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 2 - GENERAL PROCEDURAL PROVISIONS › Section 214.

214. Except as otherwise provided in this code or by court rule, the court may, when it considers it necessary in the interests of justice and the persons involved, direct the trial of any issue of fact joined in a proceeding under this code to be private, and may exclude all persons except the officers of the court, the parties, their witnesses, and counsel.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 2 - GENERAL PROCEDURAL PROVISIONS › Section 215.

215. (a) Except as provided in subdivision (b) or (c), after entry of a judgment of dissolution of marriage, nullity of marriage, legal separation of the parties, or paternity, or after a permanent order in any other proceeding in which there was at issue the visitation, custody, or support of a child, no modification of the judgment or order, and no subsequent order in the proceedings, is valid unless any prior notice otherwise required to be given to a party to the proceeding is served, in the same manner as the notice is otherwise permitted by law to be served, upon the party. For the purposes of this section, service upon the attorney of record is not sufficient.
(b) A postjudgment motion to modify a custody, visitation, or child support order may be served on the other party or parties by first-class mail or airmail, postage prepaid, to the persons to be served. For any party served by mail, the proof of service shall include an address verification.
(c) This section does not apply if the court has ordered an issue or issues bifurcated for separate trial in advance of the disposition of the entire case. In those cases, service of a motion on any outstanding matter shall be served either upon the attorney of record, if the parties are represented, or upon the parties, if unrepresented. However, if there has been no pleading filed in the action for a period of six months after the entry of the bifurcated judgment, service shall be upon both the party, at the party’s last known address, and the attorney of record.
(Amended by Stats. 2016, Ch. 67, Sec. 1. (AB 1735) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 2 - GENERAL PROCEDURAL PROVISIONS › Section 216.

216. (a) In the absence of a stipulation by the parties to the contrary, there shall be no ex parte communication between the attorneys for any party to an action and any court-appointed or court-connected evaluator or mediator, or between a court-appointed or court-connected evaluator or mediator and the court, in any proceedings under this code, except with regard to the scheduling of appointments.
(b) There shall be no ex parte communications between counsel appointed by the court pursuant to Section 3150 and a court-appointed or court-connected evaluator or mediator, except when it is expressly authorized by the court or undertaken pursuant to paragraph (5) of subdivision (c) of Section 3151.
(c) Subdivisions (a) and (b) shall not apply in the following situations:
(1) To allow a mediator or evaluator to address a case involving allegations of domestic violence as set forth in Sections 3113, 3181, and 3192.
(2) To allow a mediator or evaluator to address a case involving allegations of domestic violence as set forth in Rule 5.215 of the California Rules of Court.
(3) If the mediator or evaluator determines that ex parte communication is needed to inform the court of the mediator’s or evaluator’s belief that a restraining order is necessary to prevent an imminent risk to the physical safety of the child or the party.
(d) This section shall not be construed to limit the responsibilities a mediator or evaluator may have as a mandated reporter pursuant to Section 11165.9 of the Penal Code or the responsibilities a mediator or evaluator have to warn under Tarasoff v. Regents of the University of California (1976) 17 Cal.3d 425, Hedlund v. Superior Court (1983) 34 Cal.3d 695, and Section 43.92 of the Civil Code.
(e) The Judicial Council shall, by July 1, 2006, adopt a rule of court to implement this section.
(Amended by Stats. 2019, Ch. 115, Sec. 2. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 2 - GENERAL PROCEDURAL PROVISIONS › Section 217.

217. (a) At a hearing on any order to show cause or notice of motion brought pursuant to this code, absent a stipulation of the parties or a finding of good cause pursuant to subdivision (b), the court shall receive any live, competent testimony that is relevant and within the scope of the hearing and the court may ask questions of the parties.
(b) In appropriate cases, a court may make a finding of good cause to refuse to receive live testimony and shall state its reasons for the finding on the record or in writing. The Judicial Council shall, by January 1, 2012, adopt a statewide rule of court regarding the factors a court shall consider in making a finding of good cause.
(c) A party seeking to present live testimony from witnesses other than the parties shall, prior to the hearing, file and serve a witness list with a brief description of the anticipated testimony. If the witness list is not served prior to the hearing, the court may, on request, grant a brief continuance and may make appropriate temporary orders pending the continued hearing.
(Added by Stats. 2010, Ch. 352, Sec. 3. (AB 939) Effective January 1, 2011.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 2 - GENERAL PROCEDURAL PROVISIONS › Section 218.

218. With respect to the ability to conduct formal discovery in family law proceedings, when a request for order or other motion is filed and served after entry of judgment, discovery shall automatically reopen as to the issues raised in the postjudgment pleadings currently before the court. The date initially set for trial of the action specified in subdivision (a) of Section 2024.020 of the Code of Civil Procedure shall mean the date the postjudgment proceeding is set for hearing on the motion or any continuance thereof, or evidentiary trial, whichever is later.
(Added by Stats. 2014, Ch. 169, Sec. 1. (AB 2586) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 3 - TEMPORARY RESTRAINING ORDER IN SUMMONS › Section 231.

231. This part applies to a temporary restraining order in a summons issued under any of the following provisions:
(a) Section 2040 (proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties).
(b) Section 7700 (proceeding under Uniform Parentage Act).
(Amended by Stats. 1993, Ch. 219, Sec. 84.5. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 3 - TEMPORARY RESTRAINING ORDER IN SUMMONS › Section 232.

232. The summons shall state on its face that the order is enforceable in any place in this state by any law enforcement agency that has received mailed notice of the order or has otherwise received a copy of the order and any officer who has been shown a copy of the order.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 3 - TEMPORARY RESTRAINING ORDER IN SUMMONS › Section 233.

233. (a) Upon filing the petition and issuance of the summons and upon personal service of the petition and summons on the respondent or upon waiver and acceptance of service by the respondent, the temporary restraining order under this part shall be in effect against the parties until the final judgment is entered or the petition is dismissed, or until further order of the court.
(b) The temporary restraining order is enforceable in any place in this state, but is not enforceable by a law enforcement agency of a political subdivision unless that law enforcement agency has received mailed notice of the order or has otherwise received a copy of the order or the officer enforcing the order has been shown a copy of the order.
(c) A willful and knowing violation of the order included in the summons by removing a child from the state without the written consent of the other party or an order of the court is punishable as provided in Section 278.5 of the Penal Code. A willful and knowing violation of any of the other orders included in the summons is punishable as provided in Section 273.6 of the Penal Code.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 3 - TEMPORARY RESTRAINING ORDER IN SUMMONS › Section 234.

234. The automatic granting of the ex parte temporary restraining order under this part is not a court determination or competent evidence in any proceeding of any prior history of the conduct so proscribed occurring between the parties.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 3 - TEMPORARY RESTRAINING ORDER IN SUMMONS › Section 235.

235. Nothing in this part precludes either party from applying to the court for modification or revocation of the temporary restraining order provided for in this part or for further temporary orders or an expanded temporary ex parte order.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 4 - EX PARTE TEMPORARY RESTRAINING ORDERS › Section 240.

240. This part applies where a temporary restraining order, including a protective order as defined in Section 6218, is issued under any of the following provisions:
(a) Article 2 (commencing with Section 2045) of Chapter 4 of Part 1 of Division 6 (dissolution of marriage, nullity of marriage, or legal separation of the parties).
(b) Article 3 (commencing with Section 4620) of Chapter 3 of Part 5 of Division 9 (deposit of assets to secure future child support payments).
(c) Article 1 (commencing with Section 6320) of Chapter 2 of Part 4 of Division 10 (Domestic Violence Prevention Act), other than an order under Section 6322.5.
(d) Article 2 (commencing with Section 7710) of Chapter 6 of Part 3 of Division 12 (Uniform Parentage Act).
(Amended by Stats. 1998, Ch. 511, Sec. 1. Effective January 1, 1999.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 4 - EX PARTE TEMPORARY RESTRAINING ORDERS › Section 241.

241. Except as provided in Section 6300, an order described in Section 240 may not be granted without notice to the respondent unless it appears from facts shown by the declaration in support of the petition for the order, or in the petition for the order, that great or irreparable injury would result to the petitioner before the matter can be heard on notice.
(Amended by Stats. 2010, Ch. 572, Sec. 6. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 4 - EX PARTE TEMPORARY RESTRAINING ORDERS › Section 242.

242. (a) Within 21 days, or, if good cause appears to the court, 25 days from the date that a temporary restraining order is granted or denied, a hearing shall be held on the petition. If no request for a temporary restraining order is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days from the date that the petition is filed.
(b) If a hearing is not held within the time provided in subdivision (a), the court may nonetheless hear the matter, but the temporary restraining order shall no longer be enforceable unless it is extended under Section 245.
(Amended by Stats. 2015, Ch. 411, Sec. 4. (AB 1081) Effective January 1, 2016.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 4 - EX PARTE TEMPORARY RESTRAINING ORDERS › Section 243.

243. (a) If a petition under this part has been filed, the respondent shall be personally served with a copy of the petition, the temporary restraining order, if any, and the notice of hearing on the petition. Service shall be made at least five days before the hearing.
(b) On motion of the petitioner or on its own motion, the court may shorten the time for service on the respondent.
(c) If service on the respondent is made, the respondent may file a response that explains or denies the allegations in the petition.
(Amended by Stats. 2015, Ch. 411, Sec. 5. (AB 1081) Effective January 1, 2016.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 4 - EX PARTE TEMPORARY RESTRAINING ORDERS › Section 244.

244. (a) On the day of the hearing, the hearing on the petition shall take precedence over all other matters on the calendar that day, except older matters of the same character, and matters to which special precedence may be given by law.
(b) The hearing on the petition shall be set for trial at the earliest possible date and shall take precedence over all other matters, except older matters of the same character, and matters to which special precedence may be given by law.
(Amended by Stats. 2010, Ch. 572, Sec. 9. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 4 - EX PARTE TEMPORARY RESTRAINING ORDERS › Section 245.

245. (a) The respondent shall be entitled, as a matter of course, to one continuance for a reasonable period, to respond to the petition.
(b) Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.
(c) If the court grants a continuance, any temporary restraining order that has been issued shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(d) If the court grants a continuance, the extended temporary restraining order shall state on its face the new date of expiration of the order.
(e) A fee shall not be charged for the extension of the temporary restraining order.
(Amended by Stats. 2015, Ch. 411, Sec. 6. (AB 1081) Effective January 1, 2016.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 4 - EX PARTE TEMPORARY RESTRAINING ORDERS › Section 246.

246. A request for a temporary restraining order described in Section 240, issued without notice, shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted 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.
(Amended by Stats. 2010, Ch. 572, Sec. 11. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 5 - ATTORNEY'S FEES AND COSTS › Section 270.

270. If a court orders a party to pay attorney’s fees or costs under this code, the court shall first determine that the party has or is reasonably likely to have the ability to pay.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 87. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 5 - ATTORNEY'S FEES AND COSTS › Section 271.

271. (a) Notwithstanding any other provision of this code, the court may base an award of attorney’s fees and costs on the extent to which any conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys. An award of attorney’s fees and costs pursuant to this section is in the nature of a sanction. In making an award pursuant to this section, the court shall take into consideration all evidence concerning the parties’ incomes, assets, and liabilities. The court shall not impose a sanction pursuant to this section that imposes an unreasonable financial burden on the party against whom the sanction is imposed. In order to obtain an award under this section, the party requesting an award of attorney’s fees and costs is not required to demonstrate any financial need for the award.
(b) An award of attorney’s fees and costs as a sanction pursuant to this section shall be imposed only after notice by the requesting party or the court to the party against whom the sanction is proposed and opportunity for that party to be heard is provided by the court.
(c) An award of attorney’s fees and costs as a sanction pursuant to this section is payable only from the property or income of the party against whom the sanction is imposed, except that the award may be against the sanctioned party’s share of the community property.
(Amended by Stats. 2023, Ch. 67, Sec. 1. (AB 1179) Effective January 1, 2024.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 5 - ATTORNEY'S FEES AND COSTS › Section 272.

272. (a) Where the court orders one of the parties to pay attorney’s fees and costs for the benefit of the other party, the fees and costs may, in the discretion of the court, be made payable in whole or in part to the attorney entitled thereto.
(b) Subject to subdivision (c), the order providing for payment of the attorney’s fees and costs may be enforced directly by the attorney in the attorney’s own name or by the party in whose behalf the order was made.
(c) If the attorney has ceased to be the attorney for the party in whose behalf the order was made, the attorney may enforce the order only if it appears of record that the attorney has given to the former client or successor counsel 10 days’ written notice of the application for enforcement of the order. During the 10-day period, the client may file in the proceeding a motion directed to the former attorney for partial or total reallocation of fees and costs to cover the services and cost of successor counsel. On the filing of the motion, the enforcement of the order by the former attorney shall be stayed until the court has resolved the motion.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 87. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 5 - ATTORNEY'S FEES AND COSTS › Section 273.

273. Notwithstanding any other provision of this code, the court shall not award attorney’s fees against any governmental agency involved in a family law matter or child support proceeding except when sanctions are appropriate pursuant to Section 128.5 of the Code of Civil Procedure or Section 271 of this code.
(Added by Stats. 1994, Ch. 1269, Sec. 10. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 5 - ATTORNEY'S FEES AND COSTS › Section 274.

274. (a) Notwithstanding any other provision of law, if the injured spouse is entitled to a remedy authorized pursuant to Section 4324, the injured spouse shall be entitled to an award of reasonable attorney’s fees and costs as a sanction pursuant to this section.
(b) An award of attorney’s fees and costs as a sanction pursuant to this section shall be imposed only after notice to the party against whom the sanction is proposed to be imposed and opportunity for that party to be heard.
(c) An award of attorney’s fees and costs as a sanction pursuant to this section is payable only from the property or income of the party against whom the sanction is imposed, except that the award may be against the sanctioned party’s share of the community property. In order to obtain an award under this section, the party requesting an award of attorney’s fees and costs is not required to demonstrate any financial need for the award.
(Amended by Stats. 2006, Ch. 538, Sec. 156. Effective January 1, 2007.)
2023 California Code › Family Code - FAM › DIVISION 2 - GENERAL PROVISIONS › PART 6 - ENFORCEMENT OF JUDGMENTS AND ORDERS › Section 290.

290. A judgment or order made or entered pursuant to this code may be enforced by the court by execution, the appointment of a receiver, or contempt, or by any other order as the court in its discretion determines from time to time to be necessary.
(Amended by Stats. 2006, Ch. 86, Sec. 2. Effective January 1, 2007.)