DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200. - 6460.]
Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154.
§§ 6200–6460 · 109 sections
PART 1. SHORT TITLE AND DEFINITIONS §§ 6200–6219 · 11 sections
- § 6200 This division may be cited as the Domestic Violence Prevention Act.
- § 6201 Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code.
- § 6203 (a) For purposes of this act, “abuse” means any of the following: (1) To intentionally or recklessly cause or attempt to cause bodily injury. (2) Sexual…
- § 6205 “Affinity,” when applied to the marriage relation, signifies the connection existing in consequence of marriage between each of the married persons and the…
- § 6209 “Cohabitant” means a person who regularly resides in the household. “Former cohabitant” means a person who formerly regularly resided in the household.
- § 6210 “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of…
- § 6211 “Domestic violence” is abuse perpetrated against any of the following persons: (a) A spouse or former spouse. (b) A cohabitant or former cohabitant, as defined…
- § 6215 “Emergency protective order” means an order issued under Part 3 (commencing with Section 6240).
- § 6216 For the purposes of this division, “firearm” includes the frame or receiver of the weapon, including a completed frame or receiver or a firearm precursor part.…
- § 6218 “Protective order” means an order that includes any of the following restraining orders, whether issued ex parte, after notice and hearing, or in a judgment:…
- § 6219 Subject to adequate, discretionary funding from a city or a county, the superior courts in San Diego County and in Santa Clara County may develop a…
PART 2. GENERAL PROVISIONS §§ 6220–6229 · 11 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 6227 The remedies provided in this division are in addition to any other civil or criminal remedies that may be available to the petitioner.
- § 6228 (a) State and local law enforcement agencies shall provide, upon request and without charging a fee, one copy of all incident report face sheets, one copy of…
- § 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…
PART 3. EMERGENCY PROTECTIVE ORDERS §§ 6240–6275 · 18 sections
CHAPTER 1. General Provisions §§ 6240–6241 · 2 sections
- § 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…
- § 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…
CHAPTER 2. Issuance and Effect of Emergency Protective Order §§ 6250–6257 · 11 sections
- § 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:…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 6254 The fact that the endangered person has left the household to avoid abuse does not affect the availability of an emergency protective order.
- § 6255 An emergency protective order shall be issued without prejudice to any person.
- § 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…
- § 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…
CHAPTER 3. Duties of Law Enforcement Officer §§ 6270–6275 · 5 sections
- § 6270 A law enforcement officer who requests an emergency protective order shall reduce the order to writing and sign it.
- § 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…
- § 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…
- § 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…
- § 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…
PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS §§ 6300–6389 · 48 sections
CHAPTER 1. General Provisions §§ 6300–6309 · 13 sections
- § 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…
- § 6301 (a) An individual need not be a resident of the state to file a petition for an order under this part. A petition for an order under this part may be filed in…
- § 6301.5 (a) A minor or the minor’s legal guardian may petition the court to have information regarding a minor that was obtained in connection with a request for a…
- § 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…
- § 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…
- § 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…
- § 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:…
- § 6306 (a) (1) Before a hearing on the issuance or denial of an order under this part, the court shall ensure that a search is or has been conducted to determine if…
- § 6306.5 (a) (1) Petitions seeking domestic violence restraining orders under Chapter 2 (commencing with Section 6320) and domestic violence temporary restraining…
- § 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…
- § 6307 (a) (1) (A) A court or court facility that receives petitions for domestic violence restraining orders under this part or domestic violence temporary…
- § 6308 (a) A party, support person as defined in Section 6303, or witness may appear remotely at the hearing on a petition for a domestic violence restraining order.…
- § 6309 (a) (1) The Legislature finds and declares all of the following: (A) Domestic violence is an urgent public safety and public health crisis. More than one in…
CHAPTER 2. Issuance of Orders §§ 6320–6361 · 24 sections
ARTICLE 1. Ex Parte Orders §§ 6320–6327 · 13 sections
- § 6320 (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 6323 (a) Subject to Section 3064: (1) The court may issue an ex parte order determining the temporary custody and visitation of a minor child, on the conditions the…
- § 6323.5 (a) For purposes of this section, the following definitions apply: (1) “Discretionary services organization” includes any organization that provides…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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.
ARTICLE 2. Orders Issuable After Notice and Hearing §§ 6340–6347 · 9 sections
- § 6340 (a) (1) The court may issue any of the orders described in Article 1 (commencing with Section 6320) after notice and a hearing. When determining whether to…
- § 6341 (a) If the parties are married to each other and no other child support order exists or if there is a presumption under Section 7611 that the respondent is the…
- § 6342 (a) After notice and a hearing, the court may issue any of the following orders: (1) An order that restitution be paid to the petitioner for loss of earnings…
- § 6342.5 (a) After notice and a hearing, the court may issue an order determining the use, possession, and control of real or personal property of the parties during…
- § 6343 (a) After notice and a hearing, the court may issue an order requiring the restrained party to participate in a batterer’s program approved by the probation…
- § 6344 (a) After notice and a hearing, a court, upon request, shall issue an order for the payment of attorney’s fees and costs for a prevailing petitioner. (b) After…
- § 6345 (a) In the discretion of the court, the personal conduct, stay-away, and residence exclusion orders contained in a court order issued after notice and a…
- § 6346 The court may make appropriate custody and visitation orders pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) after…
- § 6347 (a) Commencing July 1, 2016, in order to ensure that the requesting party can maintain an existing wireless telephone number, and the wireless numbers of any…
ARTICLE 3. Orders Included in Judgment §§ 6360–6361 · 2 sections
- § 6360 A judgment entered in a proceeding for dissolution of marriage, for nullity of marriage, for legal separation of the parties, in a proceeding brought pursuant…
- § 6361 If an order is included in a judgment pursuant to this article, the judgment shall state on its face both of the following: (a) Which provisions of the…
CHAPTER 3. Registration and Enforcement of Orders §§ 6380–6389 · 11 sections
- § 6380 (a) Each county, with the approval of the Department of Justice, shall, by July 1, 1996, develop a procedure, using existing systems, for the electronic…
- § 6380.5 (a) This section shall be known, and may be cited, as Wyland’s Law. (b) Subject to an appropriation by the Legislature, the department may establish, or…
- § 6381 (a) Notwithstanding Section 6380 and subject to subdivision (b), an order issued under this part is enforceable in any place in this state. (b) An order issued…
- § 6382 Each appropriate law enforcement agency shall make available to any law enforcement officer responding to the scene of reported domestic violence, through an…
- § 6383 (a) A temporary restraining order, emergency protective order, or an order issued after hearing pursuant to this part shall, on request of the petitioner, be…
- § 6384 (a) If a respondent named in an order issued under this part after a hearing has not been served personally with the order but has received actual notice of…
- § 6385 (a) Proof of service of the protective order is not required for the purposes of Section 6380 if the order indicates on its face that both parties were…
- § 6386 (a) The court may, in its discretion, appoint counsel to represent the petitioner in a proceeding to enforce the terms of a protective order, as defined in…
- § 6387 The court shall order the clerk of the court to provide to a petitioner, without cost, up to three certified, stamped, and endorsed copies of any order issued…
- § 6388 A willful and knowing violation of a protective order, as defined in Section 6218, is a crime punishable as provided by Section 273.6 of the Penal Code.
- § 6389 (a) A person subject to a protective order, as defined in Section 6218, shall not own, possess, purchase, or receive a firearm or ammunition while that…
PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT §§ 6400–6409 · 10 sections
- § 6400 This part may be cited as the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
- § 6401 In this part: (1) “Foreign protection order” means a protection order issued by a tribunal of another state. (2) “Issuing state” means the state whose tribunal…
- § 6402 (a) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a…
- § 6403 (a) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the…
- § 6404 (a) A foreign protection order shall, upon request of the person in possession of the order, be registered with a court of this state in order to be entered in…
- § 6405 (a) There shall be no civil liability on the part of, and no cause of action for false arrest or false imprisonment against, a peace officer who makes an…
- § 6406 A protected individual who pursues remedies under this part is not precluded from pursuing other legal or equitable remedies against the respondent.
- § 6407 In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states…
- § 6408 If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications…
- § 6409 This part applies to protection orders issued before January 1, 2002, and to continuing actions for enforcement of foreign protection orders commenced before…
PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act §§ 6450–6460 · 11 sections
- § 6450 This part may be cited as the Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act.
- § 6451 In this part: (a) “Canadian domestic violence protection order” means a judgment or part of a judgment or order issued in English in a civil proceeding by a…
- § 6452 (a) If a law enforcement officer determines under subdivision (b) or (c) that there is probable cause to believe a valid Canadian domestic violence protection…
- § 6453 (a) A tribunal of this state may issue an order enforcing or refusing to enforce a Canadian domestic violence protection order on application of any of the…
- § 6454 (a) An individual may register a Canadian domestic violence protection order in this state. To register the order, the individual must present a certified copy…
- § 6455 (a) There shall be no civil liability on the part of, and no cause of action for false arrest or false imprisonment against, a law enforcement officer who…
- § 6456 An individual who seeks a remedy under this part may seek other legal or equitable remedies.
- § 6457 If there is more than one order issued and one of the orders is an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of…
- § 6458 This part modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not…
- § 6459 This part applies to a Canadian domestic violence protection order issued before, on, or after January 1, 2018, and to a continuing action for enforcement of a…
- § 6460 If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications…