DIVISION 2. GENERAL PROVISIONS [200. - 295.]
Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10.
§§ 200–295 · 32 sections
PART 1. JURISDICTION § 200 · 1 section
- § 200 The superior court has jurisdiction in proceedings under this code.
PART 2. GENERAL PROCEDURAL PROVISIONS §§ 210–218 · 10 sections
- § 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…
- § 211 Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this code.
- § 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,…
- § 212 A petition, response, application, opposition, or other pleading filed with the court under this code shall be verified.
- § 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…
- § 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,…
- § 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,…
- § 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…
- § 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…
- § 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…
PART 3. TEMPORARY RESTRAINING ORDER IN SUMMONS §§ 231–235 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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 4. EX PARTE TEMPORARY RESTRAINING ORDERS §§ 240–246 · 7 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
PART 5. ATTORNEY'S FEES AND COSTS §§ 270–274 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
PART 6. ENFORCEMENT OF JUDGMENTS AND ORDERS §§ 290–292 · 3 sections
- § 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…
- § 291 (a) A money judgment or judgment for possession or sale of property that is made or entered under this code, including a judgment for child, family, or spousal…
- § 292 (a) The Judicial Council shall modify the title of its existing form, “Order to Show Cause and Declaration for Contempt (Family Law),” to “Order to Show Cause…
PART 7. TRIBAL MARRIAGES AND DIVORCES § 295 · 1 section
- § 295 (a) For the purpose of application of the laws of succession set forth in the Probate Code to a decedent, and for the purpose of determining the validity of a…