6300-6389 : PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS
California Family Code Sections 6300 to 6389, known as Part 4 of the Domestic Violence Prevention Act, establishes the rules and procedures for obtaining protective orders in cases involving domestic violence. These laws exist to protect individuals from abuse, harassment, stalking, threats, and other forms of harm, and they empower courts to issue immediate and enforceable orders to help prevent further violence. In this article, we begin with Chapter 1: General Provisions, which lays the foundation for the rest of the protective order statutes. It defines who can apply, where they can file, how courts process requests, and what standards are used to determine whether a protective order is granted.
6300: This section authorizes courts to issue protective orders if there is reasonable proof of past abuse. A judge can issue an order based solely on a person’s sworn statement or in-court testimony. An ex parte order (an emergency order issued without notifying the other party) cannot be denied just because the other party wasn’t notified. The law also ensures that court clerks must accept complete ex parte filings submitted on official Judicial Council forms.
6301: You don’t have to be a California resident to file for a protective order in the state. You can file in the county where you live, where the other party lives, or where the abuse occurred. Protective orders are available to anyone listed under Section 6211, including minors. A person who has fled their home due to abuse still has the right to petition. The court will consider all circumstances, not just how long ago the abuse happened.
6301.5: Minors or their guardians can ask the court to keep the minor’s identifying information confidential. This includes the minor’s name, address, and the situation that led to the protective order request. The court can grant confidentiality if it finds that the minor’s privacy outweighs the public’s right to access the information, and if no less restrictive means exist. If granted, any breach of this confidentiality without a court order can result in fines up to $1,000.
6302: When someone requests a protective order, the respondent (the person the order is filed against) is informed that if they don’t show up to the hearing, the court may still issue an order that could last up to five years.
6303: Anyone seeking a protective order may bring a support person to court for emotional support. This person does not need any special qualifications and cannot provide legal advice. The support person can also accompany the protected party during mediation. However, the mediator may exclude the support person if they disrupt the process.
6304: When both parties are in court, the judge must inform them that the restrained party cannot own, buy, or possess firearms or ammunition. The judge must also explain how to turn in any weapons and provide a process for submitting proof to the court.
6305: A court cannot issue mutual restraining orders unless both people personally appear, file official paperwork showing abuse, and the judge finds that both parties were primary aggressors and not acting in self-defense.
6306: Before issuing a protective order, courts must search various criminal databases to see if the respondent has a history of violent or weapon-related crimes, outstanding warrants, parole or probation status, firearm ownership, or previous restraining orders. The results must be kept confidential and only used if they include serious criminal convictions. The court notifies law enforcement if the person has an active warrant, owns firearms, or is on parole or probation.
6306.5: Courts must allow electronic filing of petitions and related documents for domestic violence restraining orders. If the petitioner chooses, documents and court dates can also be delivered electronically. There are no filing fees for these e-submissions.
6306.6: Each court’s website must clearly display information about how to access self-help services for domestic violence restraining orders.
6307:Court facilities that receive protective order filings must allow them to be submitted electronically. Courts must also display information online and in self-help centers about e-filing and accessing services.
6308: Individuals, support persons, and witnesses are allowed to appear remotely at hearings for domestic violence restraining orders. Each court must post local rules about remote appearances.
6309: This section recognizes that domestic violence is a public health and safety crisis and acknowledges the dangers of litigation abuse. It prohibits most discovery (the legal process of exchanging information) in restraining order cases to prevent abusers from using court procedures to harass victims. Discovery is only allowed with court approval and must be limited to what is absolutely necessary.
Key Takeaways
- Courts can issue restraining orders based solely on the victim’s testimony or written statement.
- Petitioners do not have to be California residents and can file in multiple counties depending on the situation.
- Minors can have their identifying information kept confidential.
- Judges must ensure respondents are aware of firearm prohibitions and enforcement mechanisms.
- Electronic filing and remote participation are allowed and encouraged.
- Strict background checks are required before hearings, and discovery is heavily restricted to prevent abuse of the legal system.
Chapter 1 of California Family Code Part 4 sets a strong framework for how domestic violence protective orders are requested, processed, and enforced. It aims to prioritize safety, streamline access to justice, and prevent further abuse through procedural protections. With expanded access to electronic filing, strong privacy rules for minors, and a clear stance against litigation abuse, this chapter ensures survivors have the support and legal tools they need from the moment they seek help. The next chapters build on this foundation by explaining how and when orders are issued, served, and enforced.
Issuance of Orders [6320 – 6361]
Ex Parte Orders [6320 – 6327]
6320: This section allows a court to issue a temporary (ex parte) order that can immediately protect someone from being harmed or harassed by another individual. The order can stop someone from actions like physical abuse, threats, stalking, or even contacting the protected person. It also includes protections for pets and recognizes psychological tactics such as coercive control (a form of emotional abuse that restricts freedom).
6320.5: If a request for a temporary restraining order is denied, the court must explain why. The person who made the request still has the right to a full court hearing within 21 days, where both parties can present evidence.
6321: A court can remove a person from their home—even if they legally own or rent it—if there is evidence they have committed or threatened domestic violence and their continued presence could cause harm.
6322: This section gives judges the authority to create any other orders they think are necessary to enforce protections under 6320 or 6321.
6322.5: If there is credible information during a hearing that the restrained person has a gun or ammunition, the court must investigate and determine if they are in violation of the firearm prohibition (Section 6389).
6322.7: Courts must generally prohibit anyone subject to a restraining order from trying to find out the protected person’s address unless there is a compelling reason not to.
6323: The court can also make temporary child custody and visitation decisions when issuing a protective order. If one party hasn’t legally established parentage, they might be denied visitation unless they can prove their parental relationship. The court prioritizes the child’s safety and can order supervised visits or deny visitation altogether.
6323.5: This section restricts the restrained person’s access to sensitive records (like school, medical, or employment records) of a minor child. Schools and other service providers must have protocols to ensure that these records aren’t released to the restrained person.
6324: Courts can decide who gets to use or manage certain property (like a car or house) while the restraining order is in effect.
6325: A married person under a restraining order can be prevented from taking actions related to marital property, such as selling or transferring ownership.
6325.5 Courts may stop a person from changing insurance or financial beneficiaries (such as for life insurance policies) while the restraining order is active.
6326: Ex parte orders must be reviewed by the court the same day they’re filed, or the next business day if too late. They cannot be rejected just because the other party wasn’t notified.
6327: This section clarifies that the broader rules for ex parte orders in the Family Code also apply to these protective orders.
Orders Issuable After Notice and Hearing [6340 – 6347]
6340 After both parties have a chance to present their sides at a hearing, the court can issue longer-term orders to protect someone. These may include custody or support arrangements that continue even after the protective order expires.
6341 If the parties are married or share children, the court can order child or spousal support to ensure financial stability for the protected person and their children. These orders do not interfere with future family court proceedings.
6342 Courts can order one party to pay the other for out-of-pocket costs due to abuse (e.g. medical bills or lost wages). They can also order reimbursement if an emergency order was later found to lack sufficient cause.
6342.5 This section allows the court to allocate property use and identify debts that resulted from the abuse. It also directs the Judicial Council to create necessary legal forms.
6343 A judge can require the restrained person to attend a batterer’s intervention program. These programs are designed to help abusers change their behavior and are monitored for compliance.
6344 The court must order the losing side to pay legal fees for the winning petitioner. The respondent can only recover fees if they can prove the case was brought for bad reasons and they have the means to pay.
6345 Protective orders after a hearing can last up to five years and be renewed indefinitely. The court may modify or end the order early, but the protected party must be notified of any request to do so.
6346 If someone seeks custody or visitation but has not yet legally proven parentage, the court can still issue temporary orders while that legal process is ongoing.
6347 To help survivors maintain safety and independence, courts can order cell phone accounts and numbers to be transferred from the abuser to the protected person, including for children. Wireless providers are required to comply.
Orders Included in Judgment [6360 – 6361]
6360 Protective orders can be included in final judgments of divorce, separation, annulment, or parentage cases.
6361 When a protective order is included in a final judgment, the court must clearly state which parts are protective orders and when they expire (up to five years from the judgment).
Key Takeaways
- Ex parte orders allow for immediate protection, even without the abuser being present.
- Courts can order protections involving pets, property, firearms, and access to children.
- After a formal hearing, longer-lasting and more complex orders can be put in place.
- Survivors can obtain child support, spousal support, and compensation for expenses.
- Orders can be renewed, modified, or made permanent to ensure continued safety.
Chapter 2 of California Family Code Part 4 shows the depth of protections available to survivors of domestic violence. It gives judges the power to act quickly and decisively, from emergency measures to long-term relief. These laws ensure that the safety, dignity, and financial stability of survivors remain the top priorities throughout the legal process.
6380-6389: Registration and Enforcement of Orders
6380: Each California county is required to electronically report protective orders to the Department of Justice using CLETS (California Law Enforcement Telecommunications System). This ensures law enforcement across the state can access and enforce the orders immediately. Courts or law enforcement must submit this data within one business day of issuance. The data includes the respondent’s name and description, terms of the order, whether firearms are involved, and whether the order has been served. This information also notes if the respondent was present in court when the order was issued—important because being present serves as legal notice.
6381: Orders are enforceable anywhere in California. Law enforcement officers can verify them through CLETS. Even if a copy of the order isn’t immediately available, oral notice from the system is sufficient for enforcement.
6382: Law enforcement agencies are responsible for ensuring that officers responding to domestic violence calls can quickly access protective order information. This promotes rapid and safe enforcement in volatile situations.
6383: Petitioners can request law enforcement to serve restraining orders directly. If served at the scene of a domestic violence call, officers must document the service and enter it into the system. If a firearm is discovered, it must be logged in the DOJ’s firearm system. If an order has not yet been served, officers can provide verbal notice at the scene. This verbal service is considered legally valid. Officers are immune from liability for enforcement if they act in good faith.
6384: A protective order is enforceable even if it was not served by hand, as long as the respondent received notice of the terms in court. This helps streamline enforcement and reduce technical barriers that could compromise safety.
6385: Proof of service is not required if the respondent was present in court or served by law enforcement. The law protects employees of the courts, law enforcement, and DOJ from liability if a technical error in entering or processing data results in harm.
6386: Courts can appoint legal counsel to assist petitioners in enforcing protective orders and can require the respondent to pay reasonable attorney’s fees.
6387: Petitioners are entitled to receive up to three certified copies of any protective order at no cost. This helps ensure they can provide documentation when needed, such as to employers or schools.
6388: Violating a protective order is a criminal offense under Penal Code Section 273.6. This reinforces the seriousness of the court’s directives and provides a mechanism for arrest and prosecution.
6389: Respondents under a protective order must immediately surrender any firearms or ammunition. Courts must confirm compliance by requiring proof of surrender within 48 hours. If someone fails to file this proof, it is considered a violation of the order. The law outlines procedures for exemptions (primarily for peace officers) and for reclaiming or selling weapons once an order expires. Courts may grant immunity to avoid self-incrimination and law enforcement agencies can charge a reasonable storage fee. Respondents who violate the firearms prohibition face criminal penalties.
Key Takeaways
- Protective orders can be issued immediately (ex parte) or after a court hearing.
- Courts prioritize safety, especially for minors and survivors seeking shelter or privacy.
- Orders can include personal conduct restrictions, firearm prohibitions, child custody and support, and even phone number control.
- Law enforcement is integral to serving and enforcing these orders, backed by a statewide electronic system.
- Violating a protective order is a crime, and courts have broad authority to ensure compliance.
California’s Family Code Part 4 provides a comprehensive legal framework for responding to domestic violence. From emergency protection to long-term enforcement and logistical safeguards, it is designed to prioritize the safety and dignity of survivors. Whether you are seeking protection or navigating the system as a professional, understanding these laws is critical to using them effectively and ensuring they fulfill their purpose.