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California

West's Annotated California Codes. Family Code. Division 10. Prevention of Domestic Violence. Part 4. Protective Orders and Other Domestic Violence Prevention Orders. Chapter 2. Issuance of Orders. Article 1. Ex Parte Orders.

Statute Details
Printable Version
Citation: CA FAM 6320 - 6327

Citation: West's Ann. Cal. Fam. Code 6320 - 6327


Last Checked by Web Center Staff: 11/2012

Summary:   In domestic violence cases, the court may issue a protective order granting the petitioner the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent.


Statute in Full:

§ 6320. Ex parte order enjoining contact; companion animals

§ 6320.5. Order denying petition for ex parte order; reasons; right to noticed hearing; right to waive hearing

§ 6321. Ex parte order excluding party from dwelling

§ 6322. Ex parte order enjoining specified behavior

§ 6322.5. Ex parte issuance of order prohibiting disclosure

§ 6322.7. Addresses or locations of persons protected under court order; prohibition upon certain enjoined parties from acting to obtain such information

§ 6323. Ex parte orders regarding temporary custody and visitation of minor children

§ 6324. Ex parte order regarding real or personal property

§ 6325. Ex parte order regarding community, quasi-community and separate property

§ 6326. Issuance or denial on date application submitted

§ 6327. Ex parte orders; application of Part 4 of Division 2

 

 

§ 6320. Ex parte order enjoining contact; companion animals

(a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.

(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.

CREDIT(S)

(Added by Stats.1993, c. 219 (A.B.1500), § 154. Amended by Stats.1995, c. 598 (A.B.878), § 1; Stats.1996, c. 904 (A.B.2224), § 1; Stats.2007, c. 205 (S.B.353), § 2; Stats.2010, c. 572 (A.B.1596), § 16, operative Jan. 1, 2012.)

 

 

§ 6320.5. Order denying petition for ex parte order; reasons; right to noticed hearing; right to waive hearing

(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 jurisdictionally adequate petition for an ex parte order, pursuant to Section 6320, shall provide the petitioner the right to a noticed hearing on the earliest date that the business of the court will permit, but not later than 21 days or, if good cause appears to the court, 25 days from the date of the order. The petitioner shall serve on the respondent, at least 5 days before the hearing, copies of all supporting papers filed with the court, including the application and affidavits.

(c) Notwithstanding subdivision (b), upon the denial of the ex parte order pursuant to Section 6320, the petitioner shall have the option of waiving his or her right to a noticed hearing. However, nothing in this section shall preclude a petitioner who waives his or her right to a noticed hearing from refiling a new petition, without prejudice, at a later time.

CREDIT(S)

(Added by Stats.2008, c. 263 (A.B.2553), § 1. Amended by Stats.2010, c. 572 (A.B.1596), § 17, operative Jan. 1, 2012.)

 

§ 6321. Ex parte order excluding party from dwelling

(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 the dwelling of the person who has care, custody, and control of a child to be protected from domestic violence for the period of time and on the conditions the court determines, regardless of which party holds legal or equitable title or is the lessee of the dwelling.

(b) The court may issue an order under subdivision (a) only on a showing of all of the following:

(1) Facts sufficient for the court to ascertain that the party who will stay in the dwelling has a right under color of law to possession of the premises.

(2) That the party to be excluded has assaulted or threatens to assault the other party or any other person under the care, custody, and control of the other party, or any minor child of the parties or of the other party.

(3) That physical or emotional harm would otherwise result to the other party, to any person under the care, custody, and control of the other party, or to any minor child of the parties or of the other party.

CREDIT(S)

(Added by Stats.1993, c. 219 (A.B.1500), § 154.)

 

§ 6322. Ex parte order enjoining specified behavior

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 or 6321.

CREDIT(S)

(Added by Stats.1993, c. 219 (A.B.1500), § 154.)

 

§ 6322.5. Ex parte issuance of order prohibiting disclosure

Pursuant to Sections 4926 and 4977, the court may issue an ex parte order prohibiting disclosure of the address or other identifying information of a party, child, parent, guardian or other caretaker of a child.

CREDIT(S)

(Added by Stats.1998, c. 511 (A.B.1900), § 5.)

 

§ 6322.7. Addresses or locations of persons protected under court order; prohibition upon certain enjoined parties from acting to obtain such information

(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 location of any protected person, unless there is good cause not to make that order.

(b) The Judicial Council shall develop forms necessary to effectuate this section.

CREDIT(S)

(Added by Stats.2005, c. 472 (A.B.978), § 3. Amended by Stats.2010, c. 572 (A.B.1596), § 18, operative Jan. 1, 2012.) 

 

§ 6323. Ex parte orders regarding temporary custody and visitation of minor children; stipulation of paternity; considerations

(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 court determines to a party who has established a parent and child relationship pursuant to paragraph (2). The parties shall inform the court if any custody or visitation orders have already been issued in any other proceeding.

(2)(A) In making a determination of the best interests of the child and in order to limit the child's exposure to potential domestic violence and to ensure the safety of all family members, if the party who has obtained the restraining order has established a parent and child relationship and the other party has not established that relationship, the court may award temporary sole legal and physical custody to the party to whom the restraining order was issued and may make an order of no visitation to the other party pending the establishment of a parent and child relationship between the child and the other party.

(B) A party may establish a parent and child relationship for purposes of subparagraph (A) only by offering proof of any of the following:

(i) The party gave birth to the child.

(ii) The child is conclusively presumed to be a child of the marriage between the parties, pursuant to Section 7540, or the party has been determined by a court to be a parent of the child, pursuant to Section 7541.

(iii) Legal adoption or pending legal adoption of the child by the party.

(iv) The party has signed a valid voluntary declaration of paternity, which has been in effect more than 60 days prior to the issuance of the restraining order, and that declaration has not been rescinded or set aside.

(v) A determination made by the juvenile court that there is a parent and child relationship between the party offering the proof and the child.

(vi) A determination of paternity made in a proceeding to determine custody or visitation in a case brought by the district attorney pursuant to Section 11350.1 of the Welfare and Institutions Code.

(vii) The party has been determined to be the parent of the child through a proceeding under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).

(viii) Both parties stipulate, in writing or on the record, for purposes of this proceeding, that they are the parents of the child.

(b)(1) Except as provided in paragraph (2), the court shall not make a finding of paternity in this proceeding, and any order issued pursuant to this section shall be without prejudice in any other action brought to establish a parent and child relationship.

(2) The court may accept a stipulation of paternity by the parties and, if paternity is uncontested, enter a judgment establishing paternity, subject to the set-aside provisions in Section 7646.

(c) When making any order for custody or visitation pursuant to this section, the court's order shall specify the time, day, place, and manner of transfer of the child for custody or visitation to limit the child's exposure to potential domestic conflict or violence and to ensure the safety of all family members. Where the court finds a party is staying in a place designated as a shelter for victims of domestic violence or other confidential location, the court's order for time, day, place, and manner of transfer of the child for custody or visitation shall be designed to prevent disclosure of the location of the shelter or other confidential location.

(d) When making an order for custody or visitation pursuant to this section, the court shall consider whether the best interest of the child, based upon the circumstances of the case, requires that any visitation or custody arrangement shall be limited to situations in which a third person, specified by the court, is present, or whether visitation or custody shall be suspended or denied.

CREDIT(S)

(Added by Stats.1993, c. 219 (A.B.1500), § 154. Amended by Stats.1994, c. 320 (A.B.356), § 3; Stats.1997, c. 396 (S.B.564), § 2; Stats.2010, c. 352 (A.B.939), § 18.)

 

§ 6324. Ex parte order regarding real or personal property

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 liens or encumbrances coming due during the period the order is in effect.

CREDIT(S)

(Added by Stats.1993, c. 219 (A.B.1500), § 154.)

 

§ 6325. Ex parte order regarding community, quasi-community and separate property

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 provided in Section 2045.

CREDIT(S)

(Added by Stats.1993, c. 219 (A.B.1500), § 154.)

 

§ 6326. Issuance or denial on date application submitted

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 too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.

CREDIT(S)

(Added by Stats.1993, c. 148 (A.B.1331), § 2.)

 

§ 6327. Ex parte orders; application of Part 4 of Division 2

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.

CREDIT(S)

(Formerly § 6326, added by Stats.1993, c. 219 (A.B.1500), § 154. Renumbered § 6327 and amended by Stats.1993, c. 876 (S.B.1068), § 27.2, eff. Oct. 6, 1993, operative Jan. 1, 1994. Amended by Stats.1998, c. 511 (A.B.1900), § 6.)

 



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