vania-janet/multiturn-rag-retrieval-data huggingface dataset:
Restraining Order FAQ: Sacramento Superior Court

and Elder or Dependent Adult Abuse Restraining Order workshops. The workshop instructor offers direction while you complete
	the forms in class. 

Can I request custody/support in the Restraining Order?

	If you and the other party have minor children together and you need custody
	and/or support orders and a restraining order, you can
	complete the form packet, 
	Request for Domestic Violence Restraining Order (Step 1) For Parties with Common Minor
	Children.

	Custody and Visitation: The Request for Domestic Violence Restraining Order
	(Step 1) For Parties with Common Minor Children packet includes forms to request custody orders
	along with the Restraining Order. You may complete the forms for Custody,
	Visitation, No Travel orders, and Supervised Visitation in this packet.

	Child and/or Spousal Support: If you wish to get a support order in addition
	to and at the same time as a restraining order, you must also complete the
	
	Child Support form FL-342 - external link and/or
	the Spousal Support form FL-343 - external link in the
	restraining order packet and an 
	Income and Expense Declaration (form FL-150) - external link,and turn
	both form packets in. If you are having difficulty completing
	the Income and Expense Declaration on your own, the Self-Help Center offers 
	
	a free workshop.

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Casos civiles en California
Un caso civil es cuando una persona o entidad, incluidos una organización gubernamental o un negocio, demanda a otra en la corte, normalmente por dinero. Hay muchas razones por las que alguien puede demandar a otra persona. Esta guía contiene información general sobre los casos civiles que involucran demandar por dinero. Puede ayudarle a entender cómo funcionan los casos civiles, qué tipos hay y qué es lo que ha de saber si tiene un caso civil.

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Divorce in California | California Courts | Self Help Guide
Divorce in California | California Courts | Self Help Guide

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Divorce in California
This guide can help you
Start and finish a divorce
Respond to a divorce 
Understand legal issues like property, spousal support, child custody, or child support
This guide uses the term spouse to mean spouse or domestic partner, unless noted.

 
 
Ready to get started?
Answer 2-3 questions to see which type of divorce matches your situation and get step-by-step instructions.
Go to the questions

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Overview
In California, you get a divorce by starting a court case. No one has to prove someone did something wrong to cause the divorce (this is called no fault divorce). You can get a divorce even if the other person doesn't want one. 
You can divorce to end a marriage or domestic partnership. A legal separation has a similar process, you can use these instructions. You need different instructions for an annulment.
Make sure you can file in California
Self-Help Glossary - selfhelp
State Parent Locator Services (SPLS): A unit within each state's child support enforcement agency that locates noncustodial parents to establish and enforce child support obligations, visitation, and custody orders or to establish parentage.
statement of facts: Any written or oral declaration of facts in a court case.
status offense: An act, committed by a child, that is illegal only because of the child's age (e.g. truancy, underage drinking, etc.).
statute: A law passed by Congress or a state legislature.
statute of limitations: A law that sets the deadline for parties to file suit to enforce their rights. For example, if a state has a 4-year statute of limitations for breach of a written contract, and "John" breached a contract with "Susan" on January 1, 1996, Susan must file her lawsuit by January 1, 2000. If the deadline passes, the "statute of limitations has run" (or the claim is "time-barred") and "Susan" may not be allowed to sue. There are very few conditions that allow a statute to be extended or "tolled" (kept from running).
statutory damages for malice: A financial penalty set by law if one of the parties has acted with malice. Malice is conscious, intentional wrongdoing based on ill will, hatred or total disregard for the other's well-being.
stay order: An order issued by a court stopping court proceedings until a further, specified event takes place.
stipulated judgment: An agreement between the parties to a case that settles a case. For example, if you and your spouse agree on all the matters about your divorce, you can submit a stipulated judgment to the court. The stipulated judgment must be signed by both you and your spouse, and will list your agreements about the division of property and debts, child and spousal support and child custody and visitation. Once the stipulated judgment is signed by the judge, it becomes the judgment in your case.
stipulation: An agreement relating to a pending court proceeding between parties or their attorneys.
strike: To delete or remove, as in to strike (a case) from the court's calendar.
Child Custody, Support, and Visitation | Superior Court of California | County of Alameda
Child Custody, Support, and Visitation | Superior Court of California | County of Alameda

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Document Drop-Off Sheet for Domestic Violence and Ex Parte Applications

FL-E/LP-668
01/01/24
Yes


 Family Court Services (FCS) Parenting Plan Questionnaire Confidential

FL/E-ME-802
02/23/23
Yes


 Family Law Case Demographics Information Sheet for Child Custody/Visitation

FL/E-ME-811
11/8/19
Yes


 Family Law Case Participant Enrollment Form (Attorney)

FL/E-LP-666
05/04/23
Yes


 Family Law Case Participant Enrollment Form (Party)

FL/E-LP-665
05/04/23
Yes


 Family Law Request for Telepresence Appearance – Replaced with Judicial Council Notice of Remote Appearance

RA-010
01/01/22
Yes


 Grandparent Visitation Questionnaire

FL/E-ME-825
02/27/23
Yes


 Guardianship Questionnaire

FL/E-ME-815
02/27/23
Yes


 Instructions for Petition for Private Child Custody Recommending Counseling (Private Mediation)

01/01/22
N/A


 Investigation Questionnaire

FL/E-LP-647
01/31/17
Yes


 Memorandum to Set (Family Law)

FL/E-LP-625
02/14/19
Yes


 Order for Private Child Custody Recommending Counseling

FL/E-LP-603
01/01/22
Yes


 Order Granting Inspection of Adoption Records

FL/E-LP-646
12/3/09
Yes


 Parent-Child Relationship Declaration (Family Code Section 6323)

FL/E-LP-616
09/11/15
Yes


 Petition for Confidential Mediation

FL/E-ME-804
04/26/17
Yes


 Petition for Grandparent Visitation

FL/E-LP-606
01/14/16
Yes


 Petition for Joinder (Custody and Visitation)

FL/E-LP-607
Petition and Summons (forms FL-200 and FL-210) | California Courts | Self Help Guide
If you don't file a Response within 30 days of getting these papers, the Petitioner can ask the court to decide the case without your input. This is called a default.
The court could decide who the child's legal parent is and make child custody, visitation (parenting time), and child support orders without your input. 
If you agree with what the petitioner has asked for, you may choose not to respond and the case will continue the case without you.
 
If you think there's a problem with the case, you may have additional options. Learn more 

In certain situations, instead of a response, you may want to file other papers telling the court that you don’t want to participate because the petitioner made a mistake in their case. Some examples include:
There is already another case open
The case was filed in the wrong place (e.g. the child doesn’t live in the county where the case is filed)
You weren’t served properly
The petitioner does not have the right (standing) to file
In court, this is called a special appearance. It is very important that you understand the consequences of responding or not responding to a case. Talk to your local Self-Help Center or an attorney for more information.

 

 

If it's been more than 30 days and the Petitioner hasn't asked the court for default, you can still file a response. 
 

Things you cannot do now
 Once you're served the Summons and Petition, there are things you can’t do without a written agreement from the Petitioner or a court order. They’re called Standard Family Law Restraining Orders.    
For example, you can’t: 

Take the child out of state

Get a new passport for the child

Read page 2 of the Summons for a complete list. These same rules apply to the Petitioner.

What to do next

Decide if you'll respond within 30 days
If you respond, this means you will participate in this parentage court case and have input on any court decisions. You and the other person may still agree and not need to go to court.
Enforce a custody order | California Courts | Self Help Guide
You can use court forms to help you create detailed custody and visitation schedules, and other orders to restrict travel or require supervised visitation. This section includes the names and links to forms you may want to use.
 
 

What you can do if

 You think the other parent won't follow an order

 Have a clear and detailed order
An order with clear details about decision making and visitation
Can prevent misunderstandings
Makes clear what's expected
Is easier to enforce
If you ever need the police to enforce your order, they will need to be able to easily understand what the order says each of you must do or not do.
For example, if there's a time something must be done, like drop off for visitation, the order should give a specific time of day and exact location. It can also say how the exchange will work. For example, a parent stays in the car or you all meet inside a public place.
You can use court forms to help you create a detailed custody order. 

You can use forms to help you write your custody and parenting time agreement or submit them to the judge when you ask for a custody order. You can start with the Child Custody and Visitation (Parenting Time) Attachment (form FL-311).
There are other forms for more details. For example, you may also want to use a

Children’s Holiday Schedule Attachment (form FL-341(C))
Use this to create a parenting schedule for holidays and school breaks. You can also use it to create a vacation schedule. It includes details like when a parent must let the other one know about vacation plans and whether the vacation can be outside California. 

Additional Provisions — Physical Custody Attachment (form FL-341(D))
Includes how to handle many common issues, like when you must let the other parent know about plans to move and give them a new address, what happens if you need to cancel a visit, and scheduling calls between parents and child.

Joint Legal Custody Attachment (form FL-341(E))
For parents with joint custody, this lets you make specific rules about certain decisions.
Trial Process | Superior Court of California | County of Alameda
In a civil case, this is the plaintiff's attorney; in a criminal case, this is the prosecuting attorney. The attorney for the defense may then make an opening statement or may wait until after the other side presents its evidence.
Presentation of the Evidence
After the opening statement, the side bringing the case -the plaintiff or the state- will present its evidence. There are different ways to present evidence. A party may call witnesses, and ask them questions. The other attorney also will ask the witnesses questions in a process called cross-examination. Each attorney may bring in letters, papers, charts, photographs, diagrams or any other exhibit to prove its case.
Before the other side puts on its defense, there may be an interruption in the jury proceedings, when motions will be made. Sometimes the defense will not present evidence, claiming that the plaintiff has not proved their case. Usually, though, the jury will hear the defense attorney's opening statement, and again listen to witnesses and see exhibits.
For additional information regarding evidence, please see this link: More About Evidence.
Closing Statements
Finally, both attorneys will sum up the case from their perspectives. Taking turns, each will tell the jury what he or she believes the evidence shows and why it favors his or her side.
Instructions to the Jury At this point, the judge will instruct the jury on its duties. The judge will tell the jury what law applies to the facts. After that, the bailiff will move the jury into the jury room, where jury members will deliberate in an effort to reach a decision or a verdict.
Conduct in the Jury Room
The first motion of business in a jury room is to select one of the jurors as a foreperson. He or she leads the discussion and tries to encourage everyone to join in the discussion. Every juror should have input. The purpose of these deliberations is to have a robust, uninhibited discussion which will lead to a calm, unbiased reasoning.
In civil cases, it takes three-fourths of the jurors to reach a verdict. In criminal cases, all jurors must agree - that is, the verdict must be unanimous.
The Verdict
Introducción al caso de filiación | California Courts | Self Help Guide
Obtener información sobre lo que puede hacer si desea que la corte determine (tome la decisión) que usted no es un padre legal

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En California, solo los padres legales pueden obtener órdenes de custodia y visita (tiempo de crianza) sobre sus hijos. Los padres legales también tienen la responsabilidad de mantener económicamente a sus hijos.
¿Quién es un padre legal?
En general, usted es el padre legal de un menor si:

Usted es el padre biológico (no un padre subrogado) del menor.

Usted y el otro padre estaban casados o eran pareja de hecho registrada cuando nació o fue concebido su hijo. 

Usted y el otro padre presentaron una declaración que los establece como los padres legales.

Un juez determinó que usted es un padre legal en un caso de la corte (por ejemplo, en un caso de manutención de los hijos, dependencia de menores, violencia en el hogar o adopción).

¿Qué pasa con los casos de reproducción asistida y subrogación?
Child Custody, Support, and Visitation | Superior Court of California | County of Alameda
But, do not make any important changes in the child's educational or medical care without first discussing it with the other parent.
Above all, try to work with the other parent for the good of your children. Do this for your children's happiness and success in life. They will feel more comfortable and secure and know that you both cared enough about them to make their life free of conflict.

How the court gets involved in custody and visitation

California law says that judges must keep the “best interest” of your children in mind when deciding on custody. California laws have changed a lot in the last few years. Courts no longer automatically give custody to the mother instead of the father, even if your children are young. Courts cannot deny your right to custody or visitation just because you were never married to the other parent, or because you or the other parent has a physical disability, or a different, or minority lifestyle, religious belief or sexual preference.
In most cases, parents can make their own agreements for custody and visitation. If you and the other parent agree on custody, the judge will probably approve your agreement. If you cannot agree, the judge will send you to mediation and a mediator will help you. If you cannot agree, the mediator will recommend a parenting plan to court.
Remember: the best plan is a plan that is good for your children. Change is hard for children. Research tells us that if both parents are active in their kids’ lives and do not fight over custody and visitation schedules, the children will usually do much better.

Types of custody

There are 2 kinds of custody: legal and physical.
Legal custody
Legal custody means who makes the decisions about the children’s health, education and welfare. This includes deciding where the children go to school or whether they should get braces on their teeth. If the parents share joint legal custody, both parents can ask schools and doctors for information about the children. It is important to be clear about who makes which decisions so that there is no disagreement later on.
Physical custody
Physical custody refers to the time the children spend with each parent on a regular basis.
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Parties may stipulate to drop or continue a hearing, long cause trial, or trial
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	be served by fax or email before the request is made. Absent a stipulation, a motion or other request must be filed.

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	 Please be advised that trial dates are currently being set as follows:
	 

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Department
Setting During the Week of:


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129
July 15, 2024


	 3 Days
	 
47
June 10, 2024


	 Be sure to inquire during your court proceedings, since availability will vary as trials are set. For Memo-to-Set, an additional 15 days or more should be added.
	 

About

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Mission Statement

 The Superior Court of California, County of Sacramento provides fair, equal, and impartial access to justice
 by resolving and adjudicating legal matters to ensure and protect the fundamental rights for all.
 

Departments

Appeals
Civil
Court Reporters
Criminal
Exhibits
Family and Children
Juror Service Center
Juvenile
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Traffic (Adult/Juvenile)