Full Statute Name:  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.

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Primary Citation:  West's Ann. Cal. Fam. Code § 6320 - 6327 Country of Origin:  United States Last Checked:  February, 2022 Alternate Citation:  CA FAM § 6320 - 6327 Historical: 
Summary: 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.

§ 6320 . Ex parte order enjoining contact, credibly or falsely impersonating, or destroying personal property; protection for 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 . Restrained person having firearm or ammunition; determination of violation of Section 6389

§ 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; stipulation of parentage; considerations

§ 6324 . Ex parte order regarding real or personal property

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

§ 6325.5. Ex parte order regarding insurance coverage

§ 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, credibly or falsely impersonating, or destroying personal property; protection for companion animals

(a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, 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.

(c) As used in this subdivision (a), “disturbing the peace of the other party” refers to conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party. This conduct may be committed directly or indirectly, including through the use of a third party, and by any method or through any means including, but not limited to, telephone, online accounts, text messages, internet-connected devices, or other electronic technologies. This conduct includes, but is not limited to, coercive control, which is a pattern of behavior that in purpose or effect unreasonably interferes with a person's free will and personal liberty. Examples of coercive control include, but are not limited to, unreasonably engaging in any of the following:

(1) Isolating the other party from friends, relatives, or other sources of support.

(2) Depriving the other party of basic necessities.

(3) Controlling, regulating, or monitoring the other party's movements, communications, daily behavior, finances, economic resources, or access to services.

(4) Compelling the other party by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other party has a right to abstain or to abstain from conduct in which the other party has a right to engage.

(5) Engaging in reproductive coercion, which consists of control over the reproductive autonomy of another through force, threat of force, or intimidation, and may include, but is not limited to, unreasonably pressuring the other party to become pregnant, deliberately interfering with contraception use or access to reproductive health information, or using coercive tactics to control, or attempt to control, pregnancy outcomes.

(d) This section does not limit any remedies available under this act or any other provision of law.

Credits
(Added by Stats.2013, c. 260 (A.B.157), § 2, operative July 1, 2014. Amended by Stats.2020, c. 248 (S.B.1141), § 2, eff. Jan. 1, 2021; Stats.2021, c. 135 (S.B.374), § 1, eff. Jan. 1, 2022.)
 

§ 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 five 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 the right to a noticed hearing. However, this section does not preclude a petitioner who waives the right to a noticed hearing from refiling a new petition, without prejudice, at a later time.

Credits
(Added by Stats.2008, c. 263 (A.B.2553), § 1. Amended by Stats.2010, c. 572 (A.B.1596), § 17, operative Jan. 1, 2012; Stats.2019, c. 115 (A.B.1817), § 64, eff. Jan. 1, 2020.)

 

§ 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. Restrained person having firearm or ammunition; determination of violation of Section 6389

(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 that information and determine, by a preponderance of the evidence, whether the person subject to a protective order has a firearm or ammunition in, or subject to, their immediate possession or control in violation of Section 6389.

(b)(1) In making the determination required pursuant to subdivision (a), the court may consider whether the restrained person filed a firearm relinquishment, storage, or sales receipt or if an exemption from the firearm prohibition was granted pursuant to subdivision (h) of Section 6389.

(2) The court may make the determination at a noticed hearing when a domestic violence protective order is issued, at a subsequent review hearing, or at any subsequent family or juvenile law hearing while the order remains in effect.

(3) If the court makes a determination that the restrained person has a firearm or ammunition in violation of Section 6389, the court shall make a written record of the determination and provide a copy to any party who is present at the hearing and, upon request, to any party not present at the hearing.

(c)(1) When presented with information pursuant to subdivision (a), the court may set a review hearing to determine whether there has been a violation of Section 6389.

(2) The review hearing shall be held within 10 court days after the noticed hearing at which the information was presented. If the restrained person is not present when the court sets the review hearing, the protected person shall provide notice of the review hearing to the restrained person at least two court days before the review hearing, in accordance with Section 414.10 of the Code of Civil Procedure, by personal service or by mail to the restrained person's last known address.

(3) The court may, for good cause, extend the date of the review hearing for a reasonable period or remove it from the calendar.

(4) The court shall order the restrained person to appear at the hearing.

(5) The court may conduct the review hearing in the absence of the protected person.

(6) This section does not prohibit the court from permitting a party or witness to appear through technology that enables remote appearances, as determined by the court.

(d) The determination made pursuant to this section may be considered by the court in issuing an order to show cause for contempt pursuant to paragraph (5) of subdivision (a) of Section 1209 of the Code of Civil Procedure or an order for monetary sanctions pursuant to Section 177.5 of the Code of Civil Procedure.

Credits
(Added by Stats.2021, c. 685 (S.B.320), § 5, eff. Jan. 1, 2022.)

 

§ 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 parentage; 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 a custody or visitation order has already been issued in any other proceeding.

(2)(A) In making a determination of the best interest of the child, 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 parentage made in a proceeding to determine custody or visitation in a case brought by the local child support agency pursuant to Chapter 2 (commencing with Section 17400) of Division 17.

(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 an 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 an 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. If 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 a 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.

(e) When determining whether visitation should be suspended, denied, or limited to situations in which a third person is present pursuant to subdivision (d), the court shall consider a determination made pursuant to Section 6322.5 that the party is a restrained person in possession or control of a firearm or ammunition in violation of Section 6389.

Credits
(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; Stats.2019, c. 497 (A.B.991), § 111, eff. Jan. 1, 2020; Stats.2019, c. 115 (A.B.1817), § 65, eff. Jan. 1, 2020; Stats.2021, c. 685 (S.B.320), § 6, eff. Jan. 1, 2022.)

 

§ 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.)

 

§ 6325.5. Ex parte order regarding insurance coverage

(a) The court may issue an ex parte order restraining any party from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage held for the benefit of the parties, or their child or children, if any, for whom support may be ordered, or both.

(b) This section shall become operative on July 1, 2014.

Credits
(Added by Stats.2013, c. 261 (A.B.161), § 1, operative July 1, 2014.)

 

§ 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. A petition for an ex parte order pursuant to this article shall not be denied solely because the other party was not provided with notice.

(Added by Stats.1993, c. 148 (A.B.1331), § 2. Amended by Stats.2018, c. 219 (A.B.2694), § 2, eff. Jan. 1, 2019.)

 

§ 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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