Protective and Restraining Orders
California law allows courts to issue protective and restraining orders in parentage cases to safeguard children and parents during emotionally and legally sensitive proceedings. These orders can be automatic, temporary, or long-term, and they are designed to prevent harm, ensure compliance with the law, and maintain stability while parentage is being established.
Automatic Orders in Summons
In a parentage proceeding, the summons itself automatically includes a temporary restraining order. This order prohibits either party from removing any minor child involved in the case from California without the other party’s written consent or a court order. This measure ensures that the child remains within the court’s jurisdiction while legal parentage is determined.
Ex-Parte Protective Orders
During the case, either party may request an ex parte protective order. An ex parte order is a court order issued without giving advance notice to the other party and without holding a full hearing. It is typically used in urgent situations where someone needs immediate protection from abuse, threats, or harassment. These orders can include restrictions on contact, residence exclusion, or other safeguards, and are often temporary until a full hearing can be held with both parties present.
Protective Orders After Hearing
After giving both parties notice and an opportunity to be heard, the court may issue more permanent protective orders. These may include any standard restraining orders authorized under California domestic violence statutes. However, mutual protective orders (orders that restrain both parties) are only issued if legal requirements are met to ensure they are not misused or improperly applied.
Protective Orders in Final Judgments
Once the court issues a final judgment in the parentage case, it may include ongoing protective or restraining orders as part of that judgment. These orders can mirror those typically issued in domestic violence cases and are enforceable in the same manner.
Key Takeaways
- Parentage summons automatically include a temporary order preventing either parent from removing the child from California
- Either party may request an ex parte protective order while the case is pending
- Courts can issue long-term protective and restraining orders after notice and hearing
- Mutual protective orders are only allowed under strict conditions to prevent misuse
- Final judgments in parentage cases may include enforceable protective orders
This structure ensures that families navigating parentage cases are protected from potential threats or disruptions. By giving courts clear authority to issue restraining and protective orders at every stage, California law reinforces safety and stability for parents and children alike.