PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300. - 6389.]
Part 4 added by Stats. 1993, Ch. 219, Sec. 154.
§§ 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…