General Provisions for Domestic Violence Prevention Orders

Division 10, Part 4, Chapter 1 of the California Family Code deals with protective orders and other domestic violence prevention orders. Chapter 1 provides general provisions.

Section 6300 allows an order to be issued under this part to restrain any person for specified purposes if an affidavit or testimony and any additional information provided to the court 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.

Section 6301 provides that 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 which may include four specified courts.

An order under this part may be granted to any person described in law, including a minor. The right to petition for relief is not be denied because the petitioner has vacated the household to avoid abuse. The length of time of the last abuse is not determinative.

Section 6301.5 allows a minor or the minor’s legal guardian to 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 be kept confidential. The court may order the information specified be kept confidential if the court expressly finds all four specified items.

However, confidential information must be made available to two specified entities. 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.

Section 6302 requires a notice of hearing to 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.

Section 6303 states that 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. A support person is permitted to accompany either party to any proceeding to obtain a protective order.

Section 6304 specifies that, when making a protective order where both parties are present in court, the court must inform both the petitioner and the respondent of the terms of the order.

Section 6305 prohibits the court from issuing a mutual order enjoining the parties from specific acts of abuse two specified circumstances apply. In determining if both parties acted primarily as aggressors, the court must consider the provisions concerning dominant aggressors.

Section 6306 states that, before a hearing on the issuance or denial of an order under this part, the court is required to 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. The search must be conducted of all records and databases readily available and reasonably accessible to the court.

Before deciding whether to issue an order under this part or when determining appropriate temporary custody and visitation orders, the court is required to consider the specified information obtained pursuant to a search conducted. After issuing its ruling, the court must advise the parties that they may request the information upon which the court relied.

Information obtained as a result of the search conducted and relied upon by the court is required to be maintained in a confidential case file and not become part of the public file in the proceeding or any other civil proceeding. However, the contents of the confidential case file will be disclosed to the court-appointed mediator assigned to the case or to a child custody evaluator appointed by the court.

There are specified ruled if the results of the search conducted indicate that an outstanding warrant exists against the subject of the order, or the subject owns or possesses a firearm, or the subject is currently on parole or probation.

Section 6306.5 provides that petitions seeking domestic violence restraining orders and domestic violence temporary restraining orders may be submitted electronically in every trial court.

Section 6306.6 specifies that information about access to self-help services regarding domestic violence restraining orders must be prominently visible on the superior court’s internet website.

Section 6307 states that a court or court facility that receives petitions for domestic violence restraining orders under this part or domestic violence temporary restraining orders must permit those petitions and any filings related to those petitions to be submitted electronically.

Section 6308 provides that a party or witness may appear remotely at the hearing on a petition for a domestic violence restraining order.

Section 6309 contains three legislative findings and declarations related to domestic violence. In addition, it specifies the intent of the Legislature to accomplish three specifies actions. Discovery is not permitted under this part except as set forth in this section. In determining whether to permit discovery in a proceeding pursuant to this part, the court is required to consider six specified items.

If a court finds good cause and grants a request for discovery, the court may do either of two specified items. The court is required to limit and control any permitted discovery to the least intrusive methods as authorized pursuant to the Civil Discovery Act and the minimum number of items reasonably necessary to secure the requested information.