Chapter 1 - General Provisions

California Family Code — §§ 6300-6309

Sections (13)

Amended by Stats. 2024, Ch. 648, Sec. 1. (AB 2024) Effective January 1, 2025.

(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 information provided to the court pursuant to Section 6306, shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse. The court may issue an order under this part based solely on the affidavit or testimony of the person requesting the restraining order.

(b)An ex parte restraining order issued pursuant to Article 1 (commencing with Section 6320) shall not be denied solely because the other party was not provided with notice.

(c)An ex parte request

for a protective order, as defined in Section 6218, shall not be rejected for filing by the court clerk if it is submitted on mandatory Judicial Council forms, includes all of the forms required to issue an order, and identifies the party submitting the request and the party who is the subject of the requested order.

§ 6301

Amended by Stats. 2024, Ch. 652, Sec. 2. (SB 554) Effective January 1, 2025.

(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

any superior court in this state, consistent with Section 410.10 of the Code of Civil Procedure, which may include, but is not limited to:

(1)The county in which the petitioner resides or is temporarily located.

(2)The county in which the defendant resides.

(3)The

county in which the offense occurred.

(4)Any other court that may have jurisdiction over the parties or the subject matter of the case.

(b)An order under this part may be granted to any person described in Section 6211, including a minor pursuant to subdivision (b) of Section 372 of the Code of Civil Procedure.

(c)The right to petition for relief shall not be denied because the petitioner has vacated the household to avoid abuse, and in the case of a marital relationship, notwithstanding that a petition for dissolution of marriage, for nullity of marriage, or for legal separation of the parties has not been filed.

(d)The length of time since the most recent act of abuse is not, by itself, determinative. The court shall

consider the totality of the circumstances in determining whether to grant or deny a petition for relief.

§ 6301.5

Amended by Stats. 2019, Ch. 294, Sec. 2. (AB 925) Effective January 1, 2020.

(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 protective order pursuant to this division, including, but not limited to, the minor’s name, address, and the circumstances surrounding the request for a protective order with respect to that minor, be kept confidential, except as provided in subdivision (d).

(b)The court may order the information specified in subdivision (a) be kept confidential if the court expressly finds all of the following:

(1)The minor’s right to privacy overcomes the right of public access to the information.

(2)There is a substantial probability that the minor’s interest will be prejudiced if the information is not kept confidential.

(3)The order to keep the information confidential is narrowly tailored.

(4)No less restrictive means exist to protect the minor’s privacy.

(c)(1) If the request is granted, except as provided in subdivision (d), information regarding the minor shall be maintained in a confidential case file and shall not become part of the public file in the proceeding, any other proceeding initiated under the Family Code, or any other civil proceeding between the parties. Except as provided in paragraph (2), if the court determines that disclosure of confidential information has been made without a court order, the court may impose a sanction of up to one thousand

dollars ($1,000). The minor who has alleged abuse as defined under this division shall not be sanctioned for disclosure of the confidential information. If the court imposes a sanction, the court shall first determine whether the person has, or is reasonably likely to have, the ability to pay.

(2)Confidential information may be disclosed without a court order pursuant to subdivision (d) only in the following circumstances:

(A)By the minor’s legal guardian who petitioned to keep the information confidential pursuant to this section or the protected party in an order pursuant to this division, provided that the disclosure effectuates the purpose of this division specified in Section 6220 or is in the minor’s best interest. A legal guardian or a protected party who makes a disclosure under this subparagraph is subject to the sanction in paragraph (1) only if the disclosure was

malicious.

(B)By a person to whom confidential information is disclosed, provided that the disclosure effectuates the purpose of this division specified in Section 6220 or is in the best interest of the minor, no more information than necessary is disclosed, and a delay would be caused by first obtaining a court order to authorize the disclosure of the information. A person who makes a disclosure pursuant to this subparagraph is subject to the sanction in paragraph (1) if the person discloses the information in a manner that recklessly or maliciously disregards these requirements.

(d)(1) Confidential information shall be made available to both of the following:

(A) Law enforcement pursuant to Section 6380, to the extent necessary and only for the purpose of enforcing the protective order.

(B) The respondent to allow the respondent to comply with the order for confidentiality and to allow the respondent to comply with and respond to the protective order. A notice shall be provided to the respondent that identifies the specific information that has been made confidential and shall include a statement that disclosure is punishable by a monetary fine.

(2)At any time, the court on its own may authorize a disclosure of any portion of the confidential information to certain individuals or entities as necessary to effectuate the purpose of this division specified in Section 6220, including implementation of the protective order, or if it is in the best interest of the minor, including, but not limited to, disclosure to educational institutions, childcare providers, medical or mental health providers, professional or nonprofessional supervisors for visitation, the Department

of Child Support Services, attorneys for the parties or the minor, judicial officers, court employees, child custody evaluators, family court mediators, and court reporters.

(3)The court may authorize a disclosure of any portion of the confidential information to any person that files a petition if the court determines disclosure would effectuate the purpose of this division specified in Section 6220 or if the court determines that disclosure is in the best interest of the minor. The party who petitioned the court to keep the information confidential pursuant to this section shall be served personally or by first-class mail with a copy of the petition and afforded an opportunity to object to the disclosure.

§ 6302

Amended by Stats. 2019, Ch. 115, Sec. 61. (AB 1817) Effective January 1, 2020.

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 respondent that could last up to five years.

§ 6303

Amended by Stats. 2019, Ch. 115, Sec. 62. (AB 1817) Effective January 1, 2020.

(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 alleges to be a victim of domestic violence may select any individual to act as a support person. No certification, training, or other special qualification is required for an individual to act as a support person. The support person shall assist the person in feeling more confident that the person will not be injured or threatened by the other party during the proceedings where the person and the other party must be present in close proximity. The support person is not present as a legal adviser and shall not give legal advice.

(b)A support person shall be permitted to accompany either party to any proceeding to obtain a protective order, as defined in Section 6218. Where the party is not represented by an attorney, the support person may sit with the party at the table that is generally reserved for the party and the party’s attorney.

(c)Notwithstanding any other law to the contrary, if a court has issued a protective order, a support person shall be permitted to accompany a party protected by the order during any mediation orientation or mediation session, including separate mediation sessions, held pursuant to a proceeding described in Section 3021. Family Court Services, and any agency charged with providing family court services, shall advise the party protected by the order of the right to have a support person during mediation. A mediator may

exclude a support person from a mediation session if the support person participates in the mediation session, or acts as an advocate, or the presence of a particular support person is disruptive or disrupts the process of mediation. The presence of the support person does not waive the confidentiality of the mediation, and the support person is bound by the confidentiality of the mediation.

(d)In a proceeding subject to this section, a support person shall be permitted to accompany a party in court where there are allegations or threats of domestic violence and, where the party is not represented by an attorney, may sit with the party at the table that is generally reserved for the party and the party’s attorney.

(e)This section does not preclude a court from exercising its

discretion to remove a person from the courtroom when it would be in the interest of justice to do so, or when the court believes the person is prompting, swaying, or influencing the party protected by the order.

§ 6304

Amended by Stats. 2021, Ch. 685, Sec. 3. (SB 320) Effective January 1, 2022.

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 respondent of the terms of the order, including notice that the respondent is prohibited from owning, possessing, purchasing, or receiving or attempting to own, possess, purchase, or receive a firearm or ammunition, and including notice of the penalty for violation. Information provided shall include how any firearms or ammunition still in the restrained party’s possession are to be relinquished, according to local procedures, and the process for submitting a receipt to the court showing proof of relinquishment.

§ 6305

Amended by Stats. 2015, Ch. 73, Sec. 1. (AB 536) Effective January 1, 2016.

(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:

(1)Both parties personally appear and each party presents written evidence of abuse or domestic violence in an application for relief using a mandatory Judicial Council restraining order application form. For purposes of this paragraph, written evidence of abuse or domestic violence in a responsive pleading does not satisfy the party’s obligation to present written evidence of abuse or domestic violence.

By July 1, 2016, the Judicial Council shall modify forms as necessary to provide notice of this information.

(2)The court makes detailed findings of fact indicating that both parties acted as a primary aggressor and that neither party acted primarily in self-defense.

(b)For purposes of subdivision (a), in determining if both parties acted

primarily as aggressors, the court shall consider the provisions concerning dominant aggressors set forth in paragraph (3) of subdivision (c) of Section 836 of the Penal Code.

§ 6306

Amended by Stats. 2024, Ch. 541, Sec. 2. (AB 3083) Effective January 1, 2025.

(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 the subject of the proposed order has a prior criminal conviction for a violent felony specified in Section 667.5 of the Penal Code or a serious felony specified in Section 1192.7 of the Penal Code; has a misdemeanor conviction involving domestic violence, weapons, or other violence; has an outstanding warrant; is currently on parole or probation;

owns or possesses a firearm as reflected in the Department of Justice Automated Firearms System; or has a prior restraining order or a violation of a prior restraining order. The search shall be conducted of all records and databases readily available and reasonably accessible to the court, including, but not limited to, the following:

(A) The California Sex and Arson Registry (CSAR).

(B) The Supervised Release File.

(C) State summary criminal history information maintained by the Department of Justice pursuant to Section 11105 of the Penal Code.

(D) The Federal Bureau of Investigation’s nationwide database.

(E) Locally maintained criminal history records or databases.

(F) The Department of Justice Automated Firearms System.

(2)However,

a record or database need not be searched if the information available in that record or database can be obtained as a result of a search conducted in another record or database.

(3)If a court does not have electronic or other access to the Department of Justice Automated Firearms System and if there is no preexisting agreement between the court and a law enforcement agency that the law enforcement agency will conduct a search of the California Law Enforcement Telecommunications System in order to report to the court whether the subject of the proposed order owns or possesses a firearm, upon the request of the court, the sheriff shall access the California Law Enforcement Telecommunications System in order to search the Department of Justice Automated Firearms System for the purpose of determining whether the subject of the

order owns or possesses firearms. The sheriff shall report the results of this search to the court.

(b)(1) Before deciding whether to issue an order under this part or when determining appropriate temporary custody and visitation orders, the court shall consider the following information obtained pursuant to a search conducted under subdivision (a): a conviction for a violent felony specified in Section 667.5 of the Penal Code or a serious felony specified in Section 1192.7 of the Penal Code; a misdemeanor conviction involving domestic violence, weapons, or other violence; an outstanding warrant;

parole or probation status; a prior restraining order; and a violation of a prior restraining order.

(2)Information obtained as a result of the search that does not involve a conviction described in this subdivision shall not be considered by the court in making a determination regarding the issuance of an order pursuant to this part. That information shall be destroyed and shall not become part of the public file in this or any other civil proceeding.

(c)(1) After issuing its ruling, the court shall advise the parties that they may request the information described in subdivision (b) upon which the court relied. The court shall admonish the party seeking the proposed order that it is unlawful, pursuant to Sections 11142 and 13303 of the

Penal Code, to willfully release the information, except as authorized by law.

(2)Upon the request of either party to obtain the information described in subdivision (b) upon which the court relied, the court shall release the information to the parties or, upon either party’s request, to the party’s attorney in that proceeding.

(3)The party seeking the proposed order may release the information to the party’s counsel, court personnel, and court-appointed mediators for the purpose of seeking judicial review of the court’s order or for purposes of court proceedings under Section 213.5 of the Welfare and Institutions Code.

(d)Information obtained as a result of the search conducted pursuant to subdivision (a) and relied upon by

the court shall be maintained in a confidential case file and shall not become part of the public file in the proceeding or any other civil proceeding. However, the contents of the confidential case file shall be disclosed to the court-appointed mediator assigned to the case or to a child custody evaluator appointed by the court pursuant to Section 3111 of this code or Section 730 of the Evidence Code. All court-appointed mediators and child custody evaluators appointed or contracted by the court pursuant to Section 3111 of this code or Section 730 of the Evidence Code who receive information from the search conducted pursuant to subdivision (a) shall be subject to, and shall comply with, the California Law Enforcement Telecommunications System policies, practices, and procedures adopted pursuant to Section 15160 of the Government Code.

(e)If the results of the search conducted pursuant to subdivision (a) indicate that an outstanding warrant exists against the subject of the order, the court shall order the clerk of the court to immediately notify, by the most effective means available, appropriate law enforcement officials of the issuance and contents of a protective order and of any other information obtained through the search that the court determines is appropriate. The law enforcement officials so notified shall take all actions necessary to execute any outstanding warrants or any other actions, with respect to the restrained person, as appropriate and as soon as practicable.

(f)If the results of the search conducted pursuant to subdivision (a) indicate that the subject of the order owns or possesses a firearm or if the court receives evidence of

the subject’s possession of a firearm or ammunition, the court shall make a written record as to whether the subject has relinquished the firearm or ammunition and provided proof of the required storage, sale, or relinquishment of the firearm or ammunition. If evidence of compliance with firearms prohibitions is not provided pursuant to subdivision (c) of Section 6389, the court shall order the clerk of the court to immediately notify, by the most effective means available, appropriate law enforcement officials of the issuance and contents of a protective order, information about the firearm or ammunition, and of any other information obtained through the search that the court determines is appropriate. The law enforcement officials so notified shall take all actions necessary to obtain those and any other firearms or ammunition owned, possessed, or controlled by the restrained person and to address any

violation of the order with respect to firearms or ammunition as appropriate and as soon as practicable.

(g)If the results of the search conducted pursuant to subdivision (a) indicate that the subject of the order is currently on parole or

probation, the court shall order the clerk of the court to immediately notify, by the most effective means available, the appropriate parole or probation officer of the issuance and contents of a protective order issued by the court and of any other information obtained through the search that the court determines is appropriate. That officer shall take all actions necessary to revoke parole or probation, or any other actions, with respect to the restrained person, as appropriate and as soon as practicable.

(h)This section shall not delay the granting of an application for an order that may otherwise be granted without the information resulting from the database search. If the court finds that a protective order under this part should be granted on the basis of the affidavit presented with the petition, the court shall issue the protective

order and shall then ensure that a search is conducted pursuant to subdivision (a) before the hearing.

(i)It is the intent of the Legislature that, except with regard to a search whether the subject of a proposed order owns or possesses a firearm, this section shall be implemented in those courts identified by the Judicial Council as having resources currently available for these purposes. This act shall be implemented in other courts to the extent that funds are appropriated for purposes of the act in the annual Budget Act.

§ 6306.5

Added by Stats. 2021, Ch. 681, Sec. 1. (AB 887) Effective January 1, 2022.

(a)(1) Petitions seeking domestic violence restraining orders under Chapter 2 (commencing with Section 6320) and domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 may be submitted electronically in every trial court. Courts shall accept these filings consistent with the timeframe in Section 246.

(2)The notice of court date, copies of the request to mail on respondent, and the temporary restraining order, if granted, shall be remitted to the petitioner electronically.

(3)Notwithstanding paragraph (2), the petitioner may elect to receive documents by regular mail or to retrieve documents from the court.

(b)The Judicial Council shall develop or amend rules and forms as necessary to implement this section.

(c)There shall be no fee for any filings related to a petition submitted electronically in accordance with this section.

(d)This section shall become operative only upon an appropriation of funds for this purpose in the annual

Budget Act or other statute.

§ 6306.6

Added by Stats. 2021, Ch. 681, Sec. 2. (AB 887) Effective January 1, 2022.

(a)Information about access to self-help services regarding domestic violence restraining orders shall be prominently visible on the superior court’s internet website.

(b)The Judicial Council shall develop or amend rules as necessary to implement this section.

§ 6307

Amended by Stats. 2025, Ch. 267, Sec. 2. (AB 561) Effective January 1, 2026.

(a)(1) (A) A court or court facility that receives petitions for domestic violence restraining orders under this part or domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 shall permit those petitions and any filings related to those petitions to be submitted

electronically. The court or court facility shall, based on the time of receipt, act on these filings consistent with Section 246.

(B) Commencing January 1, 2027, petitions and filings submitted electronically pursuant to paragraph (1) shall be at no charge to the petitioner.

(2)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be provided to the petitioner electronically, unless

the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court or court facility.

(b)(1) Information regarding electronic filing and access to the court’s self-help center shall be prominently displayed on each court’s homepage.

(2)Each self-help center shall maintain and make available information related to domestic violence restraining orders pursuant to this section.

(c)The Judicial Council may adopt or amend rules and forms to implement this section.

§ 6308

Amended by Stats. 2025, Ch. 267, Sec. 3. (AB 561) Effective January 1, 2026.

(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. The superior court of each county shall develop local rules and instructions for remote appearances permitted under this section, which shall be posted on its internet website.

(b)Commencing January 1,

2027, there shall not be a fee for a party, support person as defined in Section 6303, or witness to appear remotely at the hearing.

§ 6309

Added by Stats. 2023, Ch. 503, Sec. 1. (SB 741) Effective January 1, 2024.

(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 three California women and one in seven men experience intimate partner physical violence, intimate partner sexual violence, or intimate partner stalking in their lifetimes. Sexual and gender minorities, including queer, gender nonbinary, intersex, and transgender persons, experience domestic violence at rates as high or higher than cisgender and heterosexual persons. Domestic violence accounts for more than 15 percent of all violent crimes in California and more than 10 percent of all

California homicides.

(B) Domestic violence survivors are most at risk when attempting to leave an abusive relationship. Without effective intervention in domestic abuse, the violence often increases in frequency and severity over time. Research has established that the civil domestic violence restraining order is the most effective legal remedy for intervening in and preventing future abuse.

(C) Domestic violence survivors who enter the family or civil court systems seeking protection often face ongoing abuse in the form of litigation abuse. Litigation abuse is the use of legal or bureaucratic procedures by abusive partners to continue to attack, harass, intimidate, coercively control, or maintain contact with their former partners through the litigation system by exerting power

over them, forcing them to have contact, financially burdening them with excessive discovery and litigation, degrading and insulting them in legal papers, unduly delaying the court process and final resolution of important issues, or dissuading them from pursuing legal protection. Studies show that litigation abuse causes severe consequences for survivors, including economic hardship and psychological harm, and foregoing legal relief in part or in whole. Research also shows that judicial officers and court evaluators often misunderstand or overlook litigation abuse and its effects on survivors.

(2)It is the intent of the Legislature to accomplish the following:

(A)To promote the health and safety of domestic violence survivors and their children.

(B)To ensure that domestic violence survivors can seek and receive, without delay, the protection offered by the domestic violence restraining orders, which are remedial injunctive orders intended to offer expedited separation and protection from abuse.

(C)To provide for separation and to prevent future acts of domestic violence by streamlining any domestic violence restraining order discovery to expedite the adjudication of requests for restraining orders and prevent abusive litigation tactics that interfere with legislative intent to protect domestic violence victims.

(b)Consistent with the findings and declarations and statements of legislative intent in subdivision (a), discovery pursuant to the Civil Discovery Act

(Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure), is not permitted pursuant to this part except as set forth in this section.

(c)(1) A court may grant a request for discovery only upon a showing of good cause for the discovery by the party making the request.

(2)A party may make an oral or written request for discovery to the court at an evidentiary hearing pursuant to this part.

(3)A person shall not be required to make a written objection or response to a request for discovery but may express any objection or response orally or in writing or at the hearing.

(d)In determining whether to permit discovery

in a proceeding pursuant to this part, the court shall consider all of the following:

(1)The importance and relevance of, and need for, the information sought to be obtained.

(2)The likelihood that the information may be acquired by another permitted discovery method, or may be acquired by other methods including pleadings or examination at the hearing.

(3)The delay in completion of the hearing, which is entitled to calendar preference pursuant to Section 244, if the discovery is permitted.

(4)The potential, if any, that the discovery may induce trauma in any person

involved in the proceeding.

(5)Whether one or more persons are subject to any restraining or protective orders.

(6)Any other factor that may affect the prompt and fair resolution of the proceeding.

(e)If a court finds good cause and grants a request for discovery pursuant to subdivision (c), the court may do either of the following:

(1)(A) Continue the commencement of hearing for a reasonable period to permit one or more methods

of discovery.

(B)If the court continues the hearing to allow for discovery pursuant to subparagraph (A), the court shall extend, and may modify, any restraining order in place.

(2)Commence the hearing to receive evidence and then continue the hearing to permit one or more methods of discovery.

(f)The court shall limit and control any permitted discovery to the least intrusive methods as authorized pursuant to the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) and the minimum number of items reasonably necessary to secure the requested information. The court shall specify the time for response to any permitted discovery after considering the items in subdivision

(d).

(g)Nothing in this section is intended to take away rights afforded in the Domestic Violence Prevention Act. Nothing in this section is intended to infringe on the ability for abuse survivors to receive their police reports and evidence pursuant to Section 6228 or on parties’ ability to discover their own business records without obtaining court permission, including medical records, phone records, or recordings of calls to 911, to provide corroborating proof.