Family Code

Part 6 of 9 · provisions 1,001–1,200

This section says the code is called the Family Code.

Jurisdiction: United States — California
Instrument: Code
Citation: FAM
Version: Undated source snapshot
Language: en
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This division is named the Family Law Facilitator Act and may be cited by that name. The Legislature says the family law pilot project services should be made available to unrepresented parties in superior courts throughout California. Each superior court must maintain a family law facilitator office, and the superior court appoints the family law facilitator. This division applies to actions or proceedings about child support, spousal support, health insurance, child custody, or visitation in certain family-law cases. The family law facilitator must provide listed family-law help services, including educational materials, court forms, form assistance, support schedules, and referrals.

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Provisions of Family Code

Showing 200 of 1,607

5700.613.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 3. Registration and Modification of Child-Support Order of Another State [5700.609 - 5700.614] ( Article 3 added by Stats. 2015, Ch. 493, Sec. 5. )
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A California tribunal may enforce and modify another state’s child-support order in a registration proceeding when all individual parties live in California and the child does not live in the issuing state.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 3. Registration and Modification of Child-Support Order of Another State [5700.609 - 5700.614] ( Article 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.613. (a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state’s child-support order in a proceeding to register that order. (b) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of Chapters 1 and 2, and this chapter, and the procedural and substantive law of this state to the proceeding for enforcement or modification. Chapters 3, 4, 5, 7, and 8 do not apply. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.614.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 3. Registration and Modification of Child-Support Order of Another State [5700.609 - 5700.614] ( Article 3 added by Stats. 2015, Ch. 493, Sec. 5. )
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The party who gets a modified child-support order must file a certified copy within 30 days.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 3. Registration and Modification of Child-Support Order of Another State [5700.609 - 5700.614] ( Article 3 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.614. Within 30 days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.615.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 4. Registration and Modification of Foreign Child-Support Order [5700.615 - 5700.616] ( Article 4 added by Stats. 2015, Ch. 493, Sec. 5. )
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A California tribunal may take jurisdiction to modify a foreign child-support order when the foreign country will not or cannot do so, subject to Section 5700.711.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 4. Registration and Modification of Foreign Child-Support Order [5700.615 - 5700.616] ( Article 4 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.615. (a) Except as otherwise provided in Section 5700.711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child-support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child-support order otherwise required of the individual pursuant to Section 5700.611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country. (b) An order issued by a tribunal of this state modifying a foreign child-support order pursuant to this section is the controlling order. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.616.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 4. Registration and Modification of Foreign Child-Support Order [5700.615 - 5700.616] ( Article 4 added by Stats. 2015, Ch. 493, Sec. 5. )
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A party or support enforcement agency may register a qualifying foreign child-support order in this state if it has not already been registered, and any petition for modification must state the grounds for modification.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 6. Registration, Enforcement, and Modification of Support Order [5700.601 - 5700.616] ( Chapter 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## ARTICLE 4. Registration and Modification of Foreign Child-Support Order [5700.615 - 5700.616] ( Article 4 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.616. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the Convention may register that order in this state under Sections 5700.601 through 5700.608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.701.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. )
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This section defines key terms used in this chapter, including application, central authority, convention support order, direct request, foreign central authority, foreign support agreement, and United States central authority.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.701. In this chapter: (1) “Application” means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. (2) “Central authority” means the entity designated by the United States or a foreign country described in Section 5700.102(5)(D) to perform the functions specified in the Convention. (3) “Convention support order” means a support order of a tribunal of a foreign country described in Section 5700.102(5)(D). (4) “Direct request” means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States. (5) “Foreign central authority” means the entity designated by a foreign country described in Section 5700.102(5)(D) to perform the functions specified in the Convention. (6) “Foreign support agreement”: (A) means an agreement for support in a record that: (i) is enforceable as a support order in the country of origin; (ii) has been: (I) formally drawn up or registered as an authentic instrument by a foreign tribunal; or (II) authenticated by, or concluded, registered, or filed with a foreign tribunal; and (iii) may be reviewed and modified by a foreign tribunal; and (B) includes a maintenance arrangement or authentic instrument under the Convention. (7) “United States central authority” means the Secretary of the United States Department of Health and Human Services. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.702.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. )
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This chapter applies only to support proceedings under the Convention, and if it conflicts with Chapters 1 through 6 in such a proceeding, this chapter controls.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.702. This chapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this chapter is inconsistent with Chapters 1 through 6, this chapter controls. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.703.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. )
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The Department of Child Support Services is recognized as the agency designated by the United States central authority to carry out certain functions under the Convention.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.703. The Department of Child Support Services is recognized as the agency designated by the United States central authority to perform specific functions under the Convention. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.704.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. )
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In support proceedings under this chapter, the Department of Child Support Services must transmit and receive applications and help start proceedings in a California tribunal. A California tribunal may not require security, bond, or a deposit to guarantee costs and expenses in Convention proceedings.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.704. (a) In a support proceeding under this chapter, the Department of Child Support Services shall: (1) transmit and receive applications; and (2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state. (b) The following support proceedings are available to an obligee under the Convention: (1) recognition or recognition and enforcement of a foreign support order; (2) enforcement of a support order issued or recognized in this state; (3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child; (4) establishment of a support order if recognition of a foreign support order is refused under Section 5700.708(b)(2), (4), or (9); (5) modification of a support order of a tribunal of this state; and (6) modification of a support order of a tribunal of another state or a foreign country. (c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order: (1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state; (2) modification of a support order of a tribunal of this state; and (3) modification of a support order of a tribunal of another state or a foreign country. (d) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.705.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. )
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A petitioner may file certain direct requests for support or parentage matters, and some recognition-and-enforcement cases get specific rules and legal-assistance treatment.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.705. (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies. (b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Sections 5700.706 through 5700.713 apply. (c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement: (1) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and (2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances. (d) A petitioner filing a direct request is not entitled to assistance from the Department of Child Support Services. (e) This chapter does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.706.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. )
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A party seeking recognition of a Convention support order must register it in this state and include specified supporting records; the tribunal must promptly notify the parties, and it may vacate the registration on its own motion only for manifest public-policy incompatibility.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.706. (a) Except as otherwise provided in this chapter, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in Chapter 6. (b) Notwithstanding Sections 5700.311 and 5700.602(a), a request for registration of a Convention support order must be accompanied by: (1) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law; (2) a record stating that the support order is enforceable in the issuing country; (3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; (4) a record showing the amount of arrears, if any, and the date the amount was calculated; (5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and (6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country. (c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order. (d) A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under Section 5700.707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy. (e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.707.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. )
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This section sets the procedure for contesting a registered Convention support order, including filing deadlines, limits on grounds, and rules for enforcement while the contest is pending.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.707. (a) Except as otherwise provided in this chapter, Sections 5700.605 through 5700.608 apply to a contest of a registered Convention support order. (b) A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration. (c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b), the order is enforceable. (d) A contest of a registered Convention support order may be based only on grounds set forth in Section 5700.708. The contesting party bears the burden of proof. (e) In a contest of a registered Convention support order, a tribunal of this state: (1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and (2) may not review the merits of the order. (f) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision. (g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.708.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. )
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A California tribunal must recognize and enforce a registered Convention support order unless one of the listed refusal grounds applies.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.708. (a) Except as otherwise provided in subsection (b), a tribunal of this state shall recognize and enforce a registered Convention support order. (b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order: (1) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard; (2) the issuing tribunal lacked personal jurisdiction consistent with Section 5700.201; (3) the order is not enforceable in the issuing country; (4) the order was obtained by fraud in connection with a matter of procedure; (5) a record transmitted in accordance with Section 5700.706 lacks authenticity or integrity; (6) a proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed; (7) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this part in this state; (8) payment, to the extent alleged arrears have been paid in whole or in part; (9) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country: (A) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or (B) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or (10) the order was made in violation of Section 5700.711. (c) If a tribunal of this state does not recognize a Convention support order under subsection (b)(2), (4), or (9): (1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and (2) the Department of Child Support Services shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under Section 5700.704. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.709.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. )
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If a state tribunal does not fully recognize and enforce a Convention support order, it must enforce the severable part of the order.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.709. If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.710.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. )
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A state tribunal must recognize and enforce a registered foreign support agreement, unless the stated exceptions apply.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.710. (a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state. (b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: (1) a complete text of the foreign support agreement; and (2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country. (c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy. (d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds: (1) recognition and enforcement of the agreement is manifestly incompatible with public policy; (2) the agreement was obtained by fraud or falsification; (3) the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this act in this state; or (4) the record submitted under subsection (b) lacks authenticity or integrity. (e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.711.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. )
Verify source ↗

A California tribunal may not modify a Convention child-support order if the obligee still lives in the foreign country that issued it, unless specific jurisdiction exceptions apply.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.711. (a) A tribunal of this state may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless: (1) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or (2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order. (b) If a tribunal of this state does not modify a Convention child-support order because the order is not recognized in this state, Section 5700.708(c) applies. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.712.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. )
Verify source ↗

Personal information gathered or transmitted under this chapter may be used only for the purposes for which it was gathered or transmitted.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.712. Personal information gathered or transmitted under this chapter may be used only for the purposes for which it was gathered or transmitted. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.713.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. )
Verify source ↗

Records filed with a state tribunal under this chapter must be in the original language, and non-English records must include an English translation.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 7. Support Proceeding Under Convention [5700.701 - 5700.713] ( Chapter 7 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.713. A record filed with a tribunal of this state under this chapter must be in the original language and, if not in English, must be accompanied by an English translation. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.801.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 8. Interstate Rendition [5700.801 - 5700.802] ( Chapter 8 added by Stats. 2015, Ch. 493, Sec. 5. )
Verify source ↗

The Governor may request surrender of a person from another state, or surrender a person here, when the person is criminally charged with failing to provide support for an obligee.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 8. Interstate Rendition [5700.801 - 5700.802] ( Chapter 8 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.801. (a) For purposes of this chapter, “governor” includes an individual performing the functions of governor or the executive authority of a state covered by this part. (b) The Governor may: (1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or (2) on the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee. (c) A provision for extradition of individuals not inconsistent with this act applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.802.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 8. Interstate Rendition [5700.801 - 5700.802] ( Chapter 8 added by Stats. 2015, Ch. 493, Sec. 5. )
Verify source ↗

The Governor may use certain checks before honoring an interstate surrender demand in support-related criminal cases, including requiring a prosecutor to investigate, waiting a reasonable time, or declining the demand in some situations.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 8. Interstate Rendition [5700.801 - 5700.802] ( Chapter 8 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.802. (a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this act or that the proceeding would be of no avail. (b) If, under this act or a law substantially similar to this act, the Governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. (c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.901.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 9. Miscellaneous Provisions [5700.901 - 5700.905] ( Chapter 9 added by Stats. 2015, Ch. 493, Sec. 5. )
Verify source ↗

When this uniform act is applied or interpreted, consideration must be given to promoting uniformity among states that enact it.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 9. Miscellaneous Provisions [5700.901 - 5700.905] ( Chapter 9 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.901. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.902.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 9. Miscellaneous Provisions [5700.901 - 5700.905] ( Chapter 9 added by Stats. 2015, Ch. 493, Sec. 5. )
Verify source ↗

This section says the part applies to certain support and parentage proceedings started on or after January 1, 2016.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 9. Miscellaneous Provisions [5700.901 - 5700.905] ( Chapter 9 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.902. This part applies to proceedings begun on or after January 1, 2016, to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.903.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 9. Miscellaneous Provisions [5700.901 - 5700.905] ( Chapter 9 added by Stats. 2015, Ch. 493, Sec. 5. )
Verify source ↗

If part of this section is invalid, the rest still applies if it can work without the invalid part.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 9. Miscellaneous Provisions [5700.901 - 5700.905] ( Chapter 9 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.903. If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and to this end the provisions of this part are severable. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
5700.905.
## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 9. Miscellaneous Provisions [5700.901 - 5700.905] ( Chapter 9 added by Stats. 2015, Ch. 493, Sec. 5. )
Verify source ↗

The Department of Child Support Services may adopt emergency regulations to implement this part.

## Family Code - FAM ## DIVISION 9. SUPPORT [3500 - 5700.905] ( Division 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. Uniform Interstate Family Support Act [5700.101 - 5700.905] ( Part 6 added by Stats. 2015, Ch. 493, Sec. 5. ) ## CHAPTER 9. Miscellaneous Provisions [5700.901 - 5700.905] ( Chapter 9 added by Stats. 2015, Ch. 493, Sec. 5. ) ## 5700.905. The Department of Child Support Services may adopt emergency regulations as appropriate to implement this part. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)
58.
## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
Verify source ↗

This section defines “child for whom support may be ordered” as a minor child or a child authorized for support under specified sections.

## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 58. “Child for whom support may be ordered” means a minor child and a child for whom support is authorized under Section 3587, 3901, or 3910. (Added by Stats. 1993, Ch. 219, Sec. 79. Effective January 1, 1994.)
6.
## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
Verify source ↗

This section says the general provisions and construction rules in this part control how the code is interpreted, unless the provision or context requires otherwise.

## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6. Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6200.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

This division may be cited as the Domestic Violence Prevention Act.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6200. This division may be cited as the Domestic Violence Prevention Act. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6201.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

The definitions in this part control how the code is read unless the provision or context says otherwise.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6201. Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6203.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

This section defines “abuse” for this act.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6203. (a) For purposes of this act, “abuse” means any of the following: (1) To intentionally or recklessly cause or attempt to cause bodily injury. (2) Sexual assault. (3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another. (4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320. (b) Abuse is not limited to the actual infliction of physical injury or assault. (Amended by Stats. 2015, Ch. 303, Sec. 149. (AB 731) Effective January 1, 2016.)
6205.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

This section defines “affinity” in the marriage context.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6205. “Affinity,” when applied to the marriage relation, signifies the connection existing in consequence of marriage between each of the married persons and the blood relatives of the other. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6209.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

This section defines “cohabitant” and “former cohabitant” for the Family Code’s domestic violence provisions.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6209. “Cohabitant” means a person who regularly resides in the household. “Former cohabitant” means a person who formerly regularly resided in the household. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6210.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

This section defines “dating relationship” as frequent, intimate associations mainly characterized by expected affection or sexual involvement, not financial considerations.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6210. “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations. (Added by Stats. 2001, Ch. 110, Sec. 1. Effective January 1, 2002.)
6211.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

This section defines “domestic violence” as abuse against certain family, household, dating, parent-child, or closely related persons.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6211. “Domestic violence” is abuse perpetrated against any of the following persons: (a) A spouse or former spouse. (b) A cohabitant or former cohabitant, as defined in Section 6209. (c) A person with whom the respondent is having or has had a dating or engagement relationship. (d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12). (e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected. (f) Any other person related by consanguinity or affinity within the second degree. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6215.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

This section defines “emergency protective order” as an order issued under Part 3, starting with Section 6240.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6215. “Emergency protective order” means an order issued under Part 3 (commencing with Section 6240). (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6216.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

This section defines “firearm” for this division to include the weapon’s frame or receiver, including a completed frame or receiver or a firearm precursor part.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6216. For the purposes of this division, “firearm” includes the frame or receiver of the weapon, including a completed frame or receiver or a firearm precursor part. “Firearm precursor part” has the same meaning as in subdivision (a) of Section 16531 of the Penal Code. (Amended by Stats. 2022, Ch. 76, Sec. 2. (AB 1621) Effective June 30, 2022.)
6218.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

This section defines “protective order” as an order that includes certain restraining orders.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6218. “Protective order” means an order that includes any of the following restraining orders, whether issued ex parte, after notice and hearing, or in a judgment: (a) An order described in Section 6320 enjoining specific acts of abuse. (b) An order described in Section 6321 excluding a person from a dwelling. (c) An order described in Section 6322 enjoining other specified behavior. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6219.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

Some superior courts may develop a domestic-violence demonstration project, and participating courts must report findings and recommendations by May 1, 2004.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 1. SHORT TITLE AND DEFINITIONS [6200 - 6219] ( Part 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6219. Subject to adequate, discretionary funding from a city or a county, the superior courts in San Diego County and in Santa Clara County may develop a demonstration project to identify the best practices in civil, juvenile, and criminal court cases involving domestic violence. The superior courts in any other county that is able and willing may also participate in the demonstration project. The superior courts participating in this demonstration project shall report their findings and recommendations to the Judicial Council and the Legislature on or before May 1, 2004. The Judicial Council may make those recommendations available to any court or county. (Added by Stats. 2002, Ch. 192, Sec. 1. Effective January 1, 2003.)
6220.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

This section states that the division’s purpose is to prevent domestic violence, abuse, and sexual abuse, and to provide for separation of the people involved long enough to seek a resolution.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6220. The purpose of this division is to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence. (Amended by Stats. 2014, Ch. 635, Sec. 3. (AB 2089) Effective January 1, 2015.)
6221.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

This section says the division applies to covered orders, and courts must use approved forms when issuing them; a missing approved form alone does not make the order unenforceable.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6221. (a) Unless the provision or context otherwise requires, this division applies to any order described in this division, whether the order is issued in a proceeding brought pursuant to this division, in an action brought pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12), or in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties. (b) Nothing in this division affects the jurisdiction of the juvenile court. (c) Any order issued by a court to which this division applies shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable. (Amended by Stats. 1999, Ch. 661, Sec. 4. Effective January 1, 2000.)
6222.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

No filing fee is charged for certain protective-order filings and related subpoenas or petitions.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6222. There is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a protective order or other order authorized by this division when the request for the other order is necessary to obtain or give effect to a protective order. There is no fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause. There is no fee for any filings related to a petition filed pursuant to Part 4 (commencing with 6300) of this division. (Amended by Stats. 2021, Ch. 686, Sec. 1. (SB 538) Effective January 1, 2022.)
6223.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

Custody or visitation orders under this division must follow Part 2 of Division 8 on custody of children.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6223. A custody or visitation order issued in a proceeding brought pursuant to this division is subject to Part 2 (commencing with Section 3020) of Division 8 (custody of children). (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6224.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

Orders under this division must show an expiration date on their face, and law enforcement must enforce them immediately on receipt.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6224. An order described in this division shall state on its face the date of expiration of the order and the following statements in substantially the following form: “This order is effective when made. The law enforcement agency shall enforce it immediately on receipt. It is enforceable anywhere in California by any law enforcement agency that has received the order or is shown a copy of the order. If proof of service on the restrained person has not been received, the law enforcement agency shall advise the restrained person of the terms of the order and then shall enforce it.” (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6225.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

A petition for an order under this division remains valid, and the order remains enforceable, even if the petition does not explicitly state certain address or location details.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6225. A petition for an order described in this division is valid and the order is enforceable without explicitly stating the address of the petitioner or the petitioner’s place of residence, school, employment, the place where the petitioner’s child is provided child care services, or the child’s school. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6226.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

The Judicial Council must set the form of orders and other required documents, and issue forms and instructions for applying for orders under this division.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6226. The Judicial Council shall prescribe the form of the orders and any other documents required by this division and shall promulgate forms and instructions for applying for orders described in this division. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6226.5.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. )
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The Judicial Council must update a domestic violence restraining order form by January 1, 2023, add specific information about the address confidentiality program, and make the form available in English and other required languages.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6226.5. (a) On or before January 1, 2023, the Judicial Council shall amend the Judicial Council form entitled “Can a Domestic Violence Restraining Order Help Me?” to include a brief description of the address confidentiality program established under Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, the benefits of enrollment in the program for victims of domestic violence, and the internet address for the Secretary of State’s internet web page that contains more detailed information about the program. (b) On or before January 1, 2023, the Judicial Council shall make the Judicial Council form available in English and in at least the other languages described in Section 1632 of the Civil Code. The Judicial Council may make the form available in additional languages. (Added by Stats. 2021, Ch. 457, Sec. 1. (AB 277) Effective January 1, 2022.)
6227.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

Remedies under this division are additional to any other civil or criminal remedies available to the petitioner.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6227. The remedies provided in this division are in addition to any other civil or criminal remedies that may be available to the petitioner. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6228.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

Police agencies must give victims or their representatives free copies of certain incident reports, photos, and 911 recordings for covered domestic-violence-related crimes, and they must do so within set time limits.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6228. (a) State and local law enforcement agencies shall provide, upon request and without charging a fee, one copy of all incident report face sheets, one copy of all incident reports, a copy of any accompanying or related photographs of a victim’s injuries, property damage, or any other photographs that are noted in the incident report, and a copy of 911 recordings, if any, to a victim, or the victim’s representative as defined in subdivision (g), of a crime that constitutes an act of any of the following: (1) Domestic violence, as defined in Section 6211. (2) Sexual assault, as defined in Sections 261, 261.5, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 287, 288, 288.5, 289, or 311.4 of, or former Section 262 or 288a of, the Penal Code. (3) Stalking, as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code. (4) Human trafficking, as defined in Section 236.1 of the Penal Code. (5) Abuse of an elder or a dependent adult, as defined in Section 15610.07 of the Welfare and Institutions Code. (b) (1) A copy of an incident report face sheet shall be made available during regular business hours to a victim or the victim’s representative no later than 48 hours after being requested, unless the state or local law enforcement agency informs the victim or the victim’s representative of the reasons why, for good cause, the incident report face sheet is not available, in which case the incident report face sheet shall be made available no later than five working days after the request is made. (2) A copy of the incident report, any accompanying or related photographs of a victim’s injuries, property damage, or any other photographs that are noted in the incident report, and a copy of 911 recordings, if any, shall be made available during regular business hours to a victim or the victim’s representative no later than five working days after being requested, unless the state or local law enforcement agency informs the victim or the victim’s representative of the reasons why, for good cause, the items are not available, in which case the items shall be made available no later than 10 working days after the request is made. (c) A person requesting copies under this section shall present state or local law enforcement with the person’s identification, including a current, valid driver’s license, a state-issued identification card, or a passport. If the person is a representative of the victim and the victim is deceased, the representative shall also present a certified copy of the death certificate or other satisfactory evidence of the death of the victim at the time a request is made. If the person is a representative of the victim and the victim is alive and not the subject of a conservatorship, the representative shall also present a written authorization, signed by the victim, making the person the victim’s personal representative. (d) This section shall apply to requests for domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult face sheets or incident reports, photographs, 911 recordings, and evidence made within five years from the date of completion of the incident report. (e) This section shall be known and may be cited as the Access to Domestic Violence Reports Act of 1999. (f) For purposes of this section, “victim” includes a minor who is 12 years of age or older. (g) (1) For purposes of this section, if the victim is deceased, a “representative of the victim” means any of the following: (A) The surviving spouse. (B) A surviving child of the decedent who has attained 18 years of age. (C) A domestic partner, as defined in subdivision (a) of Section 297. (D) A surviving parent of the decedent. (E) A surviving adult relative. (F) The personal representative of the victim, as defined in Section 58 of the Probate Code, if one is appointed. (G) The public administrator if one has been appointed. (2) For purposes of this section, if the victim is not deceased, a “representative of the victim” means any of the following: (A) A parent, guardian, or adult child of the victim, or an adult sibling of a victim 12 years of age or older, who shall present to law enforcement identification pursuant to subdivision (c). A guardian shall also present to law enforcement a copy of the letters of guardianship demonstrating that the person is the appointed guardian of the victim. (B) An attorney for the victim, who shall present to law enforcement identification pursuant to subdivision (c) and written proof that the person is the attorney for the victim. (C) A conservator of the victim who shall present to law enforcement identification pursuant to subdivision (c) and a copy of the letters of conservatorship demonstrating that the person is the appointed conservator of the victim. (3) A representative of the victim does not include any person who has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, of the victim, or any person identified in the incident report face sheet as a suspect. (Amended by Stats. 2024, Ch. 495, Sec. 1. (SB 1518) Effective January 1, 2025.)
6229.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

A minor under 12, if accompanied by a guardian ad litem, may appear in court without counsel for a limited purpose.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 2. GENERAL PROVISIONS [6220 - 6229] ( Part 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6229. A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for a temporary restraining order or injunction, or both, under this division as provided in Section 374 of the Code of Civil Procedure. (Added by Stats. 2010, Ch. 572, Sec. 12. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
6240.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6240 - 6241] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

This section defines key terms used for emergency protective orders, including “judicial officer,” “law enforcement officer,” and “abduct.”

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6240 - 6241] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6240. As used in this part: (a) “Judicial officer” means a judge, commissioner, or referee designated under Section 6241. (b) “Law enforcement officer” means one of the following officers who requests or enforces an emergency protective order under this part: (1) A police officer. (2) A sheriff’s officer. (3) A peace officer of the Department of the California Highway Patrol. (4) A peace officer of the University of California Police Department. (5) A peace officer of the California State University and College Police Departments. (6) A peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2 of the Penal Code. (7) A peace officer of the Department of General Services of the City of Los Angeles, as defined in subdivision (c) of Section 830.31 of the Penal Code. (8) A housing authority patrol officer, as defined in subdivision (d) of Section 830.31 of the Penal Code. (9) A peace officer for a district attorney, as defined in Section 830.1 or 830.35 of the Penal Code. (10) A parole officer, probation officer, or deputy probation officer, as defined in Section 830.5 of the Penal Code. (11) A peace officer of a California Community College police department, as defined in subdivision (a) of Section 830.32. (12) A peace officer employed by a police department of a school district, as defined in subdivision (b) of Section 830.32. (c) “Abduct” means take, entice away, keep, withhold, or conceal. (Amended by Stats. 2004, Ch. 250, Sec. 1. Effective January 1, 2005.)
6241.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6240 - 6241] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

Each county’s presiding superior court judge must designate at least one judge, commissioner, or referee who is reasonably available at all times to issue emergency protective orders.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6240 - 6241] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6241. The presiding judge of the superior court in each county shall designate at least one judge, commissioner, or referee to be reasonably available to issue orally, by telephone or otherwise, emergency protective orders at all times whether or not the court is in session. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6250.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

A judicial officer may issue an ex parte emergency protective order if a law enforcement officer has reasonable grounds to believe one of the listed emergency danger conditions exists.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6250. A judicial officer may issue an ex parte emergency protective order where a law enforcement officer asserts reasonable grounds to believe any of the following: (a) That a person is in immediate and present danger of domestic violence, based on the person’s allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought. (b) That a child is in immediate and present danger of abuse by a family or household member, based on an allegation of a recent incident of abuse or threat of abuse by the family or household member. (c) That a child is in immediate and present danger of being abducted by a parent or relative, based on a reasonable belief that a person has an intent to abduct the child or flee with the child from the jurisdiction or based on an allegation of a recent threat to abduct the child or flee with the child from the jurisdiction. (d) That an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code, based on an allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought, except that no emergency protective order shall be issued based solely on an allegation of financial abuse. (Amended by Stats. 2003, Ch. 468, Sec. 3. Effective January 1, 2004.)
6250.3.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

An emergency protective order is valid only when a judicial officer issues it after making the findings required by Section 6251 and in response to a specific request from a law enforcement officer.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6250.3. An emergency protective order is valid only if it is issued by a judicial officer after making the findings required by Section 6251 and pursuant to a specific request by a law enforcement officer. (Added by Stats. 2006, Ch. 82, Sec. 1. Effective January 1, 2007.)
6250.5.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

A judicial officer may issue an ex parte emergency protective order to a qualifying peace officer if specified campus-safety and memorandum-of-understanding conditions are met.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6250.5. A judicial officer may issue an ex parte emergency protective order to a peace officer defined in subdivisions (a) and (b) of Section 830.32 if the issuance of that order is consistent with an existing memorandum of understanding between the college or school police department where the peace officer is employed and the sheriff or police chief of the city in whose jurisdiction the peace officer’s college or school is located and the peace officer asserts reasonable grounds to believe that there is a demonstrated threat to campus safety. (Added by Stats. 1999, Ch. 659, Sec. 1.5. Effective January 1, 2000.)
6251.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

A judicial officer may issue an emergency protective order only after finding both required conditions are met.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6251. An emergency protective order may be issued only if the judicial officer finds both of the following: (a) That reasonable grounds have been asserted to believe that an immediate and present danger of domestic violence exists, that a child is in immediate and present danger of abuse or abduction, or that an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code. (b) That an emergency protective order is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, or abuse of an elder or dependent adult. (Amended by Stats. 1999, Ch. 561, Sec. 2. Effective January 1, 2000.)
6252.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

An emergency protective order may include several listed orders, including protective orders and temporary care-and-control orders for certain minor children.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6252. An emergency protective order may include any of the following specific orders, as appropriate: (a) A protective order, as defined in Section 6218. (b) An order determining the temporary care and control of any minor child of the endangered person and the person against whom the order is sought. (c) An order authorized in Section 213.5 of the Welfare and Institutions Code, including provisions placing the temporary care and control of the endangered child and any other minor children in the family or household with the parent or guardian of the endangered child who is not a restrained party. (d) An order determining the temporary care and control of any minor child who is in danger of being abducted. (e) An order authorized by Section 15657.03 of the Welfare and Institutions Code. (Amended by Stats. 1999, Ch. 561, Sec. 3. Effective January 1, 2000.)
6252.5.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

The court must order enjoined parties not to seek protected addresses or locations, unless there is good cause not to do so. The Judicial Council must also create forms needed to carry out this section.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6252.5. (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 a protected party or a protected party’s family members, caretakers, or guardian, unless there is good cause not to make that order. (b) The Judicial Council shall promulgate forms necessary to effectuate this section. (Added by Stats. 2005, Ch. 472, Sec. 2. Effective January 1, 2006.)
6253.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. )
Verify source ↗

An emergency protective order must include the grounds, its expiration date and time, the relevant superior court address, and specific notice text for the protected person, restrained person, and certain children.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6253. An emergency protective order shall include all of the following: (a) A statement of the grounds asserted for the order. (b) The date and time the order expires. (c) The address of the superior court for the district or county in which the endangered person or child in danger of being abducted resides. (d) The following statements, which shall be printed in English and Spanish: (1) “To the Protected Person: This order will last only until the date and time noted above. If you wish to seek continuing protection, you will have to apply for an order from the court, at the address noted above. You may seek the advice of an attorney as to any matter connected with your application for any future court orders. The attorney should be consulted promptly so that the attorney may assist you in making your application.” (2) “To the Restrained Person: This order will last until the date and time noted above. The protected party may, however, obtain a more permanent restraining order from the court. You may seek the advice of an attorney as to any matter connected with the application. The attorney should be consulted promptly so that the attorney may assist you in responding to the application.” (e) In the case of an endangered child, the following statement, which shall be printed in English and Spanish: “This order will last only until the date and time noted above. You may apply for a more permanent restraining order under Section 213.5 of the Welfare and Institutions Code from the court at the address noted above. You may seek the advice of an attorney in connection with the application for a more permanent restraining order.” (f) In the case of a child in danger of being abducted, the following statement, which shall be printed in English and Spanish: “This order will last only until the date and time noted above. You may apply for a child custody order from the court, at the address noted above. You may seek the advice of an attorney as to any matter connected with the application. The attorney should be consulted promptly so that the attorney may assist you in responding to the application.” (Amended by Stats. 1996, Ch. 988, Sec. 7. Effective January 1, 1997.)
6254.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. )
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Leaving the household to avoid abuse does not stop an emergency protective order from being available.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6254. The fact that the endangered person has left the household to avoid abuse does not affect the availability of an emergency protective order. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6255.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. )
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An emergency protective order must be issued without prejudice to any person.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6255. An emergency protective order shall be issued without prejudice to any person. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6256.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. )
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An emergency protective order expires on the earlier of two deadlines after it is issued.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6256. An emergency protective order expires at the earlier of the following times: (a) The close of judicial business on the fifth court day following the day of its issuance. (b) The seventh calendar day following the day of its issuance. (Amended (as added by Stats. 1993, Ch. 219) by Stats. 1993, Ch. 1229, Sec. 2. Effective January 1, 1994.)
6257.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. )
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If an emergency protective order concerns an endangered child, the child’s parent or guardian who is not restrained, or a temporary custodian, may ask the court for a restraining order under Welfare and Institutions Code Section 213.5.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance and Effect of Emergency Protective Order [6250 - 6257] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6257. If an emergency protective order concerns an endangered child, the child’s parent or guardian who is not a restrained person, or a person having temporary custody of the endangered child, may apply to the court for a restraining order under Section 213.5 of the Welfare and Institutions Code. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6270.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Duties of Law Enforcement Officer [6270 - 6275] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 154. )
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A law enforcement officer who requests an emergency protective order must put it in writing and sign it.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Duties of Law Enforcement Officer [6270 - 6275] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6270. A law enforcement officer who requests an emergency protective order shall reduce the order to writing and sign it. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6271.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Duties of Law Enforcement Officer [6270 - 6275] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 154. )
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A law enforcement officer who requests an emergency protective order must serve it, provide copies to the protected person or specified custodian, file a copy with the court, and enter it into the DOJ database.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Duties of Law Enforcement Officer [6270 - 6275] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6271. A law enforcement officer who requests an emergency protective order shall do all of the following: (a) Serve the order on the restrained person, if the restrained person can reasonably be located. (b) Give a copy of the order to the protected person or, if the protected person is a minor child, to a parent or guardian of the endangered child who is not a restrained person, if the parent or guardian can reasonably be located, or to a person having temporary custody of the endangered child. (c) File a copy of the order with the court as soon as practicable after issuance. (d) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. (Amended by Stats. 2013, Ch. 145, Sec. 1. (AB 238) Effective January 1, 2014.)
6272.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Duties of Law Enforcement Officer [6270 - 6275] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 154. )
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A law enforcement officer must use every reasonable means to enforce an emergency protective order.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Duties of Law Enforcement Officer [6270 - 6275] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6272. (a) A law enforcement officer shall use every reasonable means to enforce an emergency protective order. (b) A law enforcement officer who acts in good faith to enforce an emergency protective order is not civilly or criminally liable. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6274.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Duties of Law Enforcement Officer [6270 - 6275] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 154. )
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A peace officer may seek an emergency protective order for stalking if the requirements of Section 646.91 are met.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Duties of Law Enforcement Officer [6270 - 6275] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6274. A peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, may seek an emergency protective order relating to stalking under Section 646.91 of the Penal Code if the requirements of that section are complied with. (Added by Stats. 1997, Ch. 169, Sec. 1. Effective January 1, 1998.)
6275.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Duties of Law Enforcement Officer [6270 - 6275] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 154. )
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A law enforcement officer who may have grounds for an emergency protective order must tell the eligible person, or a minor’s parent or guardian, that the person may ask the officer to request the order; if the officer believes the requester is in immediate and present danger, the officer must request the order.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 3. EMERGENCY PROTECTIVE ORDERS [6240 - 6275] ( Part 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Duties of Law Enforcement Officer [6270 - 6275] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6275. (a) A law enforcement officer who responds to a situation in which the officer believes that there may be grounds for the issuance of an emergency protective order pursuant to Section 6250 of this code or Section 646.91 of the Penal Code, shall inform the person for whom an emergency protective order may be sought, or, if that person is a minor, the minor’s parent or guardian, provided that the parent or guardian is not the person against whom the emergency protective order may be obtained, that the person may request the officer to request an emergency protective order pursuant to this part. (b) Notwithstanding Section 6250, and pursuant to this part, an officer shall request an emergency protective order if the officer believes that the person requesting an emergency protective order is in immediate and present danger. (Amended by Stats. 2019, Ch. 115, Sec. 60. (AB 1817) Effective January 1, 2020.)
63.
## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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“Community estate” means both community property and quasi-community property.

## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 63. “Community estate” includes both community property and quasi-community property. (Added by Stats. 1993, Ch. 219, Sec. 79.3. Effective January 1, 1994.)
6300.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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A court may issue domestic violence restraining orders under this part if the evidence shows reasonable proof of past abuse, and a clerk cannot reject certain ex parte protective-order requests that meet the form and identification requirements.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6300. (a) An order may be issued under this part to restrain any person for the purpose specified in Section 6220, if an affidavit or testimony and any additional information provided to the court pursuant to Section 6306, 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. (b) An ex parte restraining order issued pursuant to Article 1 (commencing with Section 6320) shall not be denied solely because the other party was not provided with notice. (c) An ex parte request for a protective order, as defined in Section 6218, shall not be rejected for filing by the court clerk if it is submitted on mandatory Judicial Council forms, includes all of the forms required to issue an order, and identifies the party submitting the request and the party who is the subject of the requested order. (Amended by Stats. 2024, Ch. 648, Sec. 1. (AB 2024) Effective January 1, 2025.)
6301.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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People can file a petition under this part without being state residents, and the court must consider all the circumstances when deciding the petition.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6301. (a) 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, consistent with Section 410.10 of the Code of Civil Procedure, which may include, but is not limited to: (1) The county in which the petitioner resides or is temporarily located. (2) The county in which the defendant resides. (3) The county in which the offense occurred. (4) Any other court that may have jurisdiction over the parties or the subject matter of the case. (b) An order under this part may be granted to any person described in Section 6211, including a minor pursuant to subdivision (b) of Section 372 of the Code of Civil Procedure. (c) The right to petition for relief shall not be denied because the petitioner has vacated the household to avoid abuse, and in the case of a marital relationship, notwithstanding that a petition for dissolution of marriage, for nullity of marriage, or for legal separation of the parties has not been filed. (d) The length of time since the most recent act of abuse is not, by itself, determinative. The court shall consider the totality of the circumstances in determining whether to grant or deny a petition for relief. (Amended by Stats. 2024, Ch. 652, Sec. 2. (SB 554) Effective January 1, 2025.)
6301.5.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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A minor or the minor’s legal guardian may ask the court to keep certain protective-order-related information confidential, and the court may grant confidentiality if it makes specific findings.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6301.5. (a) A minor or the minor’s legal guardian may 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, including, but not limited to, the minor’s name, address, and the circumstances surrounding the request for a protective order with respect to that minor, be kept confidential, except as provided in subdivision (d). (b) The court may order the information specified in subdivision (a) be kept confidential if the court expressly finds all of the following: (1) The minor’s right to privacy overcomes the right of public access to the information. (2) There is a substantial probability that the minor’s interest will be prejudiced if the information is not kept confidential. (3) The order to keep the information confidential is narrowly tailored. (4) No less restrictive means exist to protect the minor’s privacy. (c) (1) If the request is granted, except as provided in subdivision (d), information regarding the minor shall be maintained in a confidential case file and shall not become part of the public file in the proceeding, any other proceeding initiated under the Family Code, or any other civil proceeding between the parties. Except as provided in paragraph (2), if the court determines that disclosure of confidential information has been made without a court order, the court may impose a sanction of up to one thousand dollars ($1,000). The minor who has alleged abuse as defined under this division shall not be sanctioned for disclosure of the confidential information. If the court imposes a sanction, the court shall first determine whether the person has, or is reasonably likely to have, the ability to pay. (2) Confidential information may be disclosed without a court order pursuant to subdivision (d) only in the following circumstances: (A) By the minor’s legal guardian who petitioned to keep the information confidential pursuant to this section or the protected party in an order pursuant to this division, provided that the disclosure effectuates the purpose of this division specified in Section 6220 or is in the minor’s best interest. A legal guardian or a protected party who makes a disclosure under this subparagraph is subject to the sanction in paragraph (1) only if the disclosure was malicious. (B) By a person to whom confidential information is disclosed, provided that the disclosure effectuates the purpose of this division specified in Section 6220 or is in the best interest of the minor, no more information than necessary is disclosed, and a delay would be caused by first obtaining a court order to authorize the disclosure of the information. A person who makes a disclosure pursuant to this subparagraph is subject to the sanction in paragraph (1) if the person discloses the information in a manner that recklessly or maliciously disregards these requirements. (d) (1) Confidential information shall be made available to both of the following: (A) Law enforcement pursuant to Section 6380, to the extent necessary and only for the purpose of enforcing the protective order. (B) The respondent to allow the respondent to comply with the order for confidentiality and to allow the respondent to comply with and respond to the protective order. A notice shall be provided to the respondent that identifies the specific information that has been made confidential and shall include a statement that disclosure is punishable by a monetary fine. (2) 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 specified in Section 6220, including implementation of the protective order, or if it is in the best interest of the minor, including, but not limited to, disclosure to educational institutions, childcare providers, medical or mental health providers, professional or nonprofessional supervisors for visitation, the Department of Child Support Services, attorneys for the parties or the minor, judicial officers, court employees, child custody evaluators, family court mediators, and court reporters. (3) The court may authorize a disclosure of any portion of the confidential information to any person that files a petition if the court determines disclosure would effectuate the purpose of this division specified in Section 6220 or if the court determines that disclosure is in the best interest of the minor. The party who petitioned the court to keep the information confidential pursuant to this section shall be served personally or by first-class mail with a copy of the petition and afforded an opportunity to object to the disclosure. (Amended by Stats. 2019, Ch. 294, Sec. 2. (AB 925) Effective January 1, 2020.)
6302.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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A hearing notice must tell the respondent that if they do not attend, the court may make orders against them that can last up to five years.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6302. A notice of hearing under this part shall 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. (Amended by Stats. 2019, Ch. 115, Sec. 61. (AB 1817) Effective January 1, 2020.)
6303.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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A domestic violence support person may accompany parties in certain court and mediation proceedings, but cannot give legal advice and may be excluded if they interfere with mediation.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6303. (a) 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. No certification, training, or other special qualification is required for an individual to act as a support person. The support person shall assist the person in feeling more confident that the person will not be injured or threatened by the other party during the proceedings where the person and the other party must be present in close proximity. The support person is not present as a legal adviser and shall not give legal advice. (b) A support person shall be permitted to accompany either party to any proceeding to obtain a protective order, as defined in Section 6218. Where the party is not represented by an attorney, the support person may sit with the party at the table that is generally reserved for the party and the party’s attorney. (c) Notwithstanding any other law to the contrary, if a court has issued a protective order, a support person shall be permitted to accompany a party protected by the order during any mediation orientation or mediation session, including separate mediation sessions, held pursuant to a proceeding described in Section 3021. Family Court Services, and any agency charged with providing family court services, shall advise the party protected by the order of the right to have a support person during mediation. A mediator may exclude a support person from a mediation session if the support person participates in the mediation session, or acts as an advocate, or the presence of a particular support person is disruptive or disrupts the process of mediation. The presence of the support person does not waive the confidentiality of the mediation, and the support person is bound by the confidentiality of the mediation. (d) In a proceeding subject to this section, a support person shall be permitted to accompany a party in court where there are allegations or threats of domestic violence and, where the party is not represented by an attorney, may sit with the party at the table that is generally reserved for the party and the party’s attorney. (e) This section does not preclude a court from exercising its discretion to remove a person from the courtroom when it would be in the interest of justice to do so, or when the court believes the person is prompting, swaying, or influencing the party protected by the order. (Amended by Stats. 2019, Ch. 115, Sec. 62. (AB 1817) Effective January 1, 2020.)
6304.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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When issuing a protective order and both parties are in court, the court must tell the petitioner and respondent the order’s terms and explain the firearm/ammunition prohibition, violation penalty, and relinquishment/receipt process.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6304. When making a protective order, as defined in Section 6218, where both parties are present in court, the court shall inform both the petitioner and the respondent of the terms of the order, including notice that the respondent is prohibited from owning, possessing, purchasing, or receiving or attempting to own, possess, purchase, or receive a firearm or ammunition, and including notice of the penalty for violation. Information provided shall include how any firearms or ammunition still in the restrained party’s possession are to be relinquished, according to local procedures, and the process for submitting a receipt to the court showing proof of relinquishment. (Amended by Stats. 2021, Ch. 685, Sec. 3. (SB 320) Effective January 1, 2022.)
6305.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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A court may not issue a mutual domestic-violence restraining order unless both parties appear, each submits written evidence with the required form, and the court finds both were primary aggressors and neither acted mainly in self-defense.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6305. (a) The court shall not issue a mutual order enjoining the parties from specific acts of abuse described in Section 6320 unless both of the following apply: (1) Both parties personally appear and each party presents written evidence of abuse or domestic violence in an application for relief using a mandatory Judicial Council restraining order application form. For purposes of this paragraph, written evidence of abuse or domestic violence in a responsive pleading does not satisfy the party’s obligation to present written evidence of abuse or domestic violence. By July 1, 2016, the Judicial Council shall modify forms as necessary to provide notice of this information. (2) The court makes detailed findings of fact indicating that both parties acted as a primary aggressor and that neither party acted primarily in self-defense. (b) For purposes of subdivision (a), in determining if both parties acted primarily as aggressors, the court shall consider the provisions concerning dominant aggressors set forth in paragraph (3) of subdivision (c) of Section 836 of the Penal Code. (Amended by Stats. 2015, Ch. 73, Sec. 1. (AB 536) Effective January 1, 2016.)
6306.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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Before a hearing on a protective order, the court must ensure a records search is done, consider certain search results, and keep relied-on information confidential.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6306. (a) (1) Before a hearing on the issuance or denial of an order under this part, the court shall 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 specified in Section 667.5 of the Penal Code or a serious felony specified in Section 1192.7 of the Penal Code; has a misdemeanor conviction involving domestic violence, weapons, or other violence; has an outstanding warrant; is currently on parole or probation; owns or possesses a firearm as reflected in the Department of Justice Automated Firearms System; or has a prior restraining order or a violation of a prior restraining order. The search shall be conducted of all records and databases readily available and reasonably accessible to the court, including, but not limited to, the following: (A) The California Sex and Arson Registry (CSAR). (B) The Supervised Release File. (C) State summary criminal history information maintained by the Department of Justice pursuant to Section 11105 of the Penal Code. (D) The Federal Bureau of Investigation’s nationwide database. (E) Locally maintained criminal history records or databases. (F) The Department of Justice Automated Firearms System. (2) However, a record or database need not be searched if the information available in that record or database can be obtained as a result of a search conducted in another record or database. (3) If a court does not have electronic or other access to the Department of Justice Automated Firearms System and if there is no preexisting agreement between the court and a law enforcement agency that the law enforcement agency will conduct a search of the California Law Enforcement Telecommunications System in order to report to the court whether the subject of the proposed order owns or possesses a firearm, upon the request of the court, the sheriff shall access the California Law Enforcement Telecommunications System in order to search the Department of Justice Automated Firearms System for the purpose of determining whether the subject of the order owns or possesses firearms. The sheriff shall report the results of this search to the court. (b) (1) Before deciding whether to issue an order under this part or when determining appropriate temporary custody and visitation orders, the court shall consider the following information obtained pursuant to a search conducted under subdivision (a): a conviction for a violent felony specified in Section 667.5 of the Penal Code or a serious felony specified in Section 1192.7 of the Penal Code; a misdemeanor conviction involving domestic violence, weapons, or other violence; an outstanding warrant; parole or probation status; a prior restraining order; and a violation of a prior restraining order. (2) Information obtained as a result of the search that does not involve a conviction described in this subdivision shall not be considered by the court in making a determination regarding the issuance of an order pursuant to this part. That information shall be destroyed and shall not become part of the public file in this or any other civil proceeding. (c) (1) After issuing its ruling, the court shall advise the parties that they may request the information described in subdivision (b) upon which the court relied. The court shall admonish the party seeking the proposed order that it is unlawful, pursuant to Sections 11142 and 13303 of the Penal Code, to willfully release the information, except as authorized by law. (2) Upon the request of either party to obtain the information described in subdivision (b) upon which the court relied, the court shall release the information to the parties or, upon either party’s request, to the party’s attorney in that proceeding. (3) The party seeking the proposed order may release the information to the party’s counsel, court personnel, and court-appointed mediators for the purpose of seeking judicial review of the court’s order or for purposes of court proceedings under Section 213.5 of the Welfare and Institutions Code. (d) Information obtained as a result of the search conducted pursuant to subdivision (a) and relied upon by the court shall be maintained in a confidential case file and shall not become part of the public file in the proceeding or any other civil proceeding. However, the contents of the confidential case file shall be disclosed to the court-appointed mediator assigned to the case or to a child custody evaluator appointed by the court pursuant to Section 3111 of this code or Section 730 of the Evidence Code. All court-appointed mediators and child custody evaluators appointed or contracted by the court pursuant to Section 3111 of this code or Section 730 of the Evidence Code who receive information from the search conducted pursuant to subdivision (a) shall be subject to, and shall comply with, the California Law Enforcement Telecommunications System policies, practices, and procedures adopted pursuant to Section 15160 of the Government Code. (e) If the results of the search conducted pursuant to subdivision (a) indicate that an outstanding warrant exists against the subject of the order, the court shall order the clerk of the court to immediately notify, by the most effective means available, appropriate law enforcement officials of the issuance and contents of a protective order and of any other information obtained through the search that the court determines is appropriate. The law enforcement officials so notified shall take all actions necessary to execute any outstanding warrants or any other actions, with respect to the restrained person, as appropriate and as soon as practicable. (f) If the results of the search conducted pursuant to subdivision (a) indicate that the subject of the order owns or possesses a firearm or if the court receives evidence of the subject’s possession of a firearm or ammunition, the court shall make a written record as to whether the subject has relinquished the firearm or ammunition and provided proof of the required storage, sale, or relinquishment of the firearm or ammunition. If evidence of compliance with firearms prohibitions is not provided pursuant to subdivision (c) of Section 6389, the court shall order the clerk of the court to immediately notify, by the most effective means available, appropriate law enforcement officials of the issuance and contents of a protective order, information about the firearm or ammunition, and of any other information obtained through the search that the court determines is appropriate. The law enforcement officials so notified shall take all actions necessary to obtain those and any other firearms or ammunition owned, possessed, or controlled by the restrained person and to address any violation of the order with respect to firearms or ammunition as appropriate and as soon as practicable. (g) If the results of the search conducted pursuant to subdivision (a) indicate that the subject of the order is currently on parole or probation, the court shall order the clerk of the court to immediately notify, by the most effective means available, the appropriate parole or probation officer of the issuance and contents of a protective order issued by the court and of any other information obtained through the search that the court determines is appropriate. That officer shall take all actions necessary to revoke parole or probation, or any other actions, with respect to the restrained person, as appropriate and as soon as practicable. (h) This section shall not delay the granting of an application for an order that may otherwise be granted without the information resulting from the database search. If the court finds that a protective order under this part should be granted on the basis of the affidavit presented with the petition, the court shall issue the protective order and shall then ensure that a search is conducted pursuant to subdivision (a) before the hearing. (i) It is the intent of the Legislature that, except with regard to a search whether the subject of a proposed order owns or possesses a firearm, this section shall be implemented in those courts identified by the Judicial Council as having resources currently available for these purposes. This act shall be implemented in other courts to the extent that funds are appropriated for purposes of the act in the annual Budget Act. (Amended by Stats. 2024, Ch. 541, Sec. 2. (AB 3083) Effective January 1, 2025.)
6306.5.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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Electronic filing is allowed for certain domestic violence restraining order petitions, courts must accept the filings, and the petitioner can choose electronic delivery, mail, or pickup for documents.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6306.5. (a) (1) Petitions seeking domestic violence restraining orders under Chapter 2 (commencing with Section 6320) and domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 may be submitted electronically in every trial court. Courts shall accept these filings consistent with the timeframe in Section 246. (2) The notice of court date, copies of the request to mail on respondent, and the temporary restraining order, if granted, shall be remitted to the petitioner electronically. (3) Notwithstanding paragraph (2), the petitioner may elect to receive documents by regular mail or to retrieve documents from the court. (b) The Judicial Council shall develop or amend rules and forms as necessary to implement this section. (c) There shall be no fee for any filings related to a petition submitted electronically in accordance with this section. (d) This section shall become operative only upon an appropriation of funds for this purpose in the annual Budget Act or other statute. (Added by Stats. 2021, Ch. 681, Sec. 1. (AB 887) Effective January 1, 2022.)
6306.6.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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Superior courts must prominently display information about access to self-help services for domestic violence restraining orders on their websites, and the Judicial Council must adopt or amend rules to implement the section.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6306.6. (a) Information about access to self-help services regarding domestic violence restraining orders shall be prominently visible on the superior court’s internet website. (b) The Judicial Council shall develop or amend rules as necessary to implement this section. (Added by Stats. 2021, Ch. 681, Sec. 2. (AB 887) Effective January 1, 2022.)
6307.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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Courts and court facilities handling domestic violence restraining order petitions must allow electronic filing and related electronic processing, and self-help information must be posted and maintained.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6307. (a) (1) (A) A court or court facility that receives petitions for domestic violence restraining orders under this part or domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 shall permit those petitions and any filings related to those petitions to be submitted electronically. The court or court facility shall, based on the time of receipt, act on these filings consistent with Section 246. (B) Commencing January 1, 2027, petitions and filings submitted electronically pursuant to paragraph (1) shall be at no charge to the petitioner. (2) The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be provided to the petitioner electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court or court facility. (b) (1) Information regarding electronic filing and access to the court’s self-help center shall be prominently displayed on each court’s homepage. (2) Each self-help center shall maintain and make available information related to domestic violence restraining orders pursuant to this section. (c) The Judicial Council may adopt or amend rules and forms to implement this section. (Amended by Stats. 2025, Ch. 267, Sec. 2. (AB 561) Effective January 1, 2026.)
6308.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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Parties, support persons, and witnesses may appear remotely at the hearing on a domestic violence restraining order petition.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6308. (a) A party, support person as defined in Section 6303, or witness may appear remotely at the hearing on a petition for a domestic violence restraining order. The superior court of each county shall develop local rules and instructions for remote appearances permitted under this section, which shall be posted on its internet website. (b) Commencing January 1, 2027, there shall not be a fee for a party, support person as defined in Section 6303, or witness to appear remotely at the hearing. (Amended by Stats. 2025, Ch. 267, Sec. 3. (AB 561) Effective January 1, 2026.)
6309.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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This section limits discovery in domestic violence restraining order proceedings and gives the court control over any discovery that is allowed.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 1. General Provisions [6300 - 6309] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6309. (a) (1) The Legislature finds and declares all of the following: (A) Domestic violence is an urgent public safety and public health crisis. More than one in three California women and one in seven men experience intimate partner physical violence, intimate partner sexual violence, or intimate partner stalking in their lifetimes. Sexual and gender minorities, including queer, gender nonbinary, intersex, and transgender persons, experience domestic violence at rates as high or higher than cisgender and heterosexual persons. Domestic violence accounts for more than 15 percent of all violent crimes in California and more than 10 percent of all California homicides. (B) Domestic violence survivors are most at risk when attempting to leave an abusive relationship. Without effective intervention in domestic abuse, the violence often increases in frequency and severity over time. Research has established that the civil domestic violence restraining order is the most effective legal remedy for intervening in and preventing future abuse. (C) Domestic violence survivors who enter the family or civil court systems seeking protection often face ongoing abuse in the form of litigation abuse. Litigation abuse is the use of legal or bureaucratic procedures by abusive partners to continue to attack, harass, intimidate, coercively control, or maintain contact with their former partners through the litigation system by exerting power over them, forcing them to have contact, financially burdening them with excessive discovery and litigation, degrading and insulting them in legal papers, unduly delaying the court process and final resolution of important issues, or dissuading them from pursuing legal protection. Studies show that litigation abuse causes severe consequences for survivors, including economic hardship and psychological harm, and foregoing legal relief in part or in whole. Research also shows that judicial officers and court evaluators often misunderstand or overlook litigation abuse and its effects on survivors. (2) It is the intent of the Legislature to accomplish the following: (A) To promote the health and safety of domestic violence survivors and their children. (B) To ensure that domestic violence survivors can seek and receive, without delay, the protection offered by the domestic violence restraining orders, which are remedial injunctive orders intended to offer expedited separation and protection from abuse. (C) To provide for separation and to prevent future acts of domestic violence by streamlining any domestic violence restraining order discovery to expedite the adjudication of requests for restraining orders and prevent abusive litigation tactics that interfere with legislative intent to protect domestic violence victims. (b) Consistent with the findings and declarations and statements of legislative intent in subdivision (a), discovery pursuant to the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure), is not permitted pursuant to this part except as set forth in this section. (c) (1) A court may grant a request for discovery only upon a showing of good cause for the discovery by the party making the request. (2) A party may make an oral or written request for discovery to the court at an evidentiary hearing pursuant to this part. (3) A person shall not be required to make a written objection or response to a request for discovery but may express any objection or response orally or in writing or at the hearing. (d) In determining whether to permit discovery in a proceeding pursuant to this part, the court shall consider all of the following: (1) The importance and relevance of, and need for, the information sought to be obtained. (2) The likelihood that the information may be acquired by another permitted discovery method, or may be acquired by other methods including pleadings or examination at the hearing. (3) The delay in completion of the hearing, which is entitled to calendar preference pursuant to Section 244, if the discovery is permitted. (4) The potential, if any, that the discovery may induce trauma in any person involved in the proceeding. (5) Whether one or more persons are subject to any restraining or protective orders. (6) Any other factor that may affect the prompt and fair resolution of the proceeding. (e) If a court finds good cause and grants a request for discovery pursuant to subdivision (c), the court may do either of the following: (1) (A) Continue the commencement of hearing for a reasonable period to permit one or more methods of discovery. (B) If the court continues the hearing to allow for discovery pursuant to subparagraph (A), the court shall extend, and may modify, any restraining order in place. (2) Commence the hearing to receive evidence and then continue the hearing to permit one or more methods of discovery. (f) The court shall limit and control any permitted discovery to the least intrusive methods as authorized pursuant to the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) and the minimum number of items reasonably necessary to secure the requested information. The court shall specify the time for response to any permitted discovery after considering the items in subdivision (d). (g) Nothing in this section is intended to take away rights afforded in the Domestic Violence Prevention Act. Nothing in this section is intended to infringe on the ability for abuse survivors to receive their police reports and evidence pursuant to Section 6228 or on parties’ ability to discover their own business records without obtaining court permission, including medical records, phone records, or recordings of calls to 911, to provide corroborating proof. (Added by Stats. 2023, Ch. 503, Sec. 1. (SB 741) Effective January 1, 2024.)
6320.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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A court may issue ex parte protective orders stopping a party from abusive or harassing conduct and may, for good cause, give the petitioner control of an animal and bar the respondent from interfering with it.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6320. (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 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, including connected devices as defined in Section 22948.30 of the Business and Professions Code, 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. (Amended by Stats. 2025, Ch. 676, Sec. 3. (SB 50) Effective January 1, 2026.)
6320.5.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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If a petition for an ex parte order is denied, the petitioner may get a noticed hearing, must be served with supporting papers on time, and may waive that hearing right.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6320.5. (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. (Amended by Stats. 2019, Ch. 115, Sec. 64. (AB 1817) Effective January 1, 2020.)
6321.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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The court may issue an ex parte order to exclude a party from certain dwellings if the stated conditions are shown.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6321. (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. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6322.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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The court may issue an ex parte order stopping a party from specified behavior when needed to carry out orders under Sections 6320 or 6321.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6322. 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. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6322.5.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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Courts must review presented information about a restrained person’s firearm or ammunition possession and may set a review hearing, issue written findings, and require notice and attendance.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6322.5. (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. (Added by Stats. 2021, Ch. 685, Sec. 5. (SB 320) Effective January 1, 2022.)
6322.7.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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The court must generally order enjoined parties not to try to learn a protected person’s address or location, unless there is good cause not to do so. The Judicial Council must also develop the forms needed to carry out this section.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6322.7. (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. (Amended by Stats. 2010, Ch. 572, Sec. 18. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
6323.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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The court may make temporary custody and visitation orders in an ex parte setting, and parties must tell the court if another custody or visitation order already exists.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6323. (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. (Amended by Stats. 2021, Ch. 685, Sec. 6. (SB 320) Effective January 1, 2022.)
6323.5.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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This section lets a court add a child-records access restriction to an ex parte order, allows a parent or guardian to give the order to certain providers, and requires those providers to follow compliance protocols and not release the child’s information to the restrained party once served with the order.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6323.5. (a) For purposes of this section, the following definitions apply: (1) “Discretionary services organization” includes any organization that provides nonessential services to children, such as recreational activities, entertainment, and summer camps. “Discretionary services organization” also includes a place of employment of a minor described in subdivision (b). (2) “Essential care provider” includes a public or private school, health care facility, daycare facility, dental facility, or other similar organization that frequently provides essential social, health, or care services to children. (b) (1) Notwithstanding Section 3025, and in accordance with Section 6322, a court may include in an ex parte order a provision restraining a party from accessing records and information pertaining to the health care, education, daycare, recreational activities, or employment of a minor child of the parties. (2) A parent or guardian may provide a copy of an order with a provision specified in paragraph (1) to an essential care provider or a discretionary services organization, or both. (c) (1) (A) An essential care provider shall, on or before February 1, 2023, develop protocols relating to the provider’s compliance with the order described in subdivision (b), including, at a minimum, designating the appropriate personnel responsible for receiving the protective order, establishing a means of ensuring that the restrained party is not able to access the records or information, and implementing a procedure for submission of a copy of an order and for providing the party that submits the copy of the order with documentation indicating when, and to whom, the copy of the order was submitted. (B) A discretionary services organization that is provided an order described in subdivision (b), shall develop the protocols specified in paragraph (1) within 30 days of receipt of the first order. (2) If an essential care provider or discretionary services organization is provided with a copy of an order described in subdivision (b), the essential care provider or discretionary services organization shall not release information or records pertaining to the child to the restrained party. This requirement applies regardless of whether the essential care provider or discretionary services organization has finalized the protocols described in paragraph (1). (d) The Judicial Council shall develop or update any forms or rules of court that are necessary to implement this section. (e) This section shall become operative on January 1, 2023. (Added by Stats. 2021, Ch. 129, Sec. 2. (SB 24) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)
6324.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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The court may issue an ex parte order about temporary use, possession, and control of the parties’ property, and about liens or encumbrances due while the order is in effect.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6324. 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. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6325.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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The court may issue an ex parte order restraining a married person from specified acts involving community, quasi-community, and separate property.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6325. 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. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6325.5.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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A court may issue an ex parte order stopping a party from cashing, borrowing against, canceling, transferring, disposing of, or changing beneficiaries on certain insurance or other coverage.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6325.5. (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. (Added by Stats. 2013, Ch. 261, Sec. 1. (AB 161) Effective January 1, 2014. Section operative July 1, 2014, by its own provisions.)
6326.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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The court must issue or deny an ex parte order the same day the application is submitted, unless late filing prevents effective review; then it must act the next judicial business day. The petition cannot be denied just because the other party did not get notice.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6326. 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. (Amended by Stats. 2018, Ch. 219, Sec. 2. (AB 2694) Effective January 1, 2019.)
6327.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. )
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For ex parte orders under this article, Part 4 (starting with Section 240) of Division 2 applies, except for orders under Section 6322.5.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 1. Ex Parte Orders [6320 - 6327] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6327. 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. (Amended by Stats. 1998, Ch. 511, Sec. 6. Effective January 1, 1999.)
6340.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. )
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The court may issue certain domestic violence protective orders after notice and a hearing, and in some cases may allow alternative service of papers. If a petition is denied, the court must give written or recorded reasons.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6340. (a) (1) The court may issue any of the orders described in Article 1 (commencing with Section 6320) after notice and a hearing. When determining whether to make any orders under this subdivision, the court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner and the children for whom the custody or visitation orders are sought. If the court makes any order for custody, visitation, or support, that order shall survive the termination of any protective order. The Judicial Council shall provide notice of this provision on any Judicial Council forms related to this subdivision. (2) (A) If at the time of a hearing with respect to an order issued pursuant to this part based on an ex parte temporary restraining order, the court determines that, after diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the restrained party is evading service, the court may permit an alternative method of service designed to give reasonable notice of the action to the respondent. Alternative methods of service include, but are not limited to, the following: (i) Service by publication pursuant to the standards set forth in Section 415.50 of the Code of Civil Procedure. (ii) Service by first-class mail sent to the respondent at the most current address for the respondent that is available to the court or delivering a copy of the pleadings and orders at the respondent’s home or place of employment, pursuant to the standards set forth in Sections 415.20 to 415.40, inclusive, of the Code of Civil Procedure. (B) If the court permits an alternative method of service under this paragraph, the court shall grant a continuance to allow for the alternative service pursuant to Section 245. (b) The court shall, upon denying a petition under this part, provide a brief statement of the reasons for the decision in writing or on the record. A decision stating “denied” is insufficient. (c) The court may issue an order described in Section 6321 excluding a person from a dwelling if the court finds that physical or emotional harm would otherwise result to the other party, to a person under the care, custody, and control of the other party, or to a minor child of the parties or of the other party. (Amended by Stats. 2018, Ch. 219, Sec. 3. (AB 2694) Effective January 1, 2019.)
6341.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. )
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A court may order child support or spousal support after notice and a hearing, and must consider safety concerns before doing so. The Judicial Council must also put notice of this provision on related forms.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6341. (a) If the parties are married to each other and no other child support order exists or if there is a presumption under Section 7611 that the respondent is the natural father of a minor child and the child is in the custody of the petitioner, after notice and a hearing, the court may, if requested by the petitioner, order a party to pay an amount necessary for the support and maintenance of the child if the order would otherwise be authorized in an action brought pursuant to Division 9 (commencing with Section 3500) or the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12). When determining whether to make any orders under this subdivision, the court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner and the children for whom child support is requested, including safety concerns related to the financial needs of the petitioner and the children. The Judicial Council shall provide notice of this provision on any Judicial Council forms related to this subdivision. (b) An order issued pursuant to subdivision (a) of this section shall be without prejudice in an action brought pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12). (c) If the parties are married to each other and no spousal support order exists, after notice and a hearing, the court may order the respondent to pay spousal support in an amount, if any, that would otherwise be authorized in an action pursuant to Part 1 (commencing with Section 3500) or Part 3 (commencing with Section 4300) of Division 9. When determining whether to make any orders under this subdivision, the court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner, including safety concerns related to the financial needs of the petitioner. The Judicial Council shall provide notice of this provision on any Judicial Council forms related to this subdivision. (d) An order issued pursuant to subdivision (c) shall be without prejudice in a proceeding for dissolution of marriage, nullity of marriage, or legal separation of the parties. (Amended by Stats. 2005, Ch. 22, Sec. 63. Effective January 1, 2006.)
6342.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. )
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After notice and a hearing, the court may order restitution, but not pain-and-suffering damages.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6342. (a) After notice and a hearing, the court may issue any of the following orders: (1) An order that restitution be paid to the petitioner for loss of earnings and out-of-pocket expenses, including, but not limited to, expenses for medical care and temporary housing, incurred as a direct result of the abuse inflicted by the respondent or any actual physical injuries sustained from the abuse. (2) An order that restitution be paid by the petitioner for out-of-pocket expenses incurred by a party as a result of an ex parte order that is found by the court to have been issued on facts shown at a noticed hearing to be insufficient to support the order. (3) An order that restitution be paid by the respondent to any public or private agency for the reasonable cost of providing services to the petitioner required as a direct result of the abuse inflicted by the respondent or any actual injuries sustained therefrom. (b) An order for restitution under this section shall not include damages for pain and suffering. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6342.5.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. )
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After notice and a hearing, the court may issue property-use orders and include a debt-related finding; the Judicial Council must also update forms.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6342.5. (a) After notice and a hearing, the court may issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period. (b) The order described in subdivision (a) may include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party. For purposes of this subdivision, the acts that may support this finding include, but are not limited to, the crimes proscribed by Section 530.5 of the Penal Code. This finding does not affect the priority of any lien or other security interest. (c) The Judicial Council shall adopt appropriate forms and modify existing forms, as necessary, to effectuate this section. (d) This section shall be operative on January 1, 2022. (Added by Stats. 2020, Ch. 245, Sec. 1. (AB 2517) Effective January 1, 2021. Operative January 1, 2022, by its own provisions.)
6343.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. )
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After notice and hearing, the court may order a restrained party into an approved batterer’s program, and the restrained party must register, sign consent forms, and provide program contact information if ordered under this section.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6343. (a) After notice and a hearing, the court may issue an order requiring the restrained party to participate in a batterer’s program approved by the probation department as provided in Section 1203.097 of the Penal Code. (b) (1) Commencing July 1, 2016, if the court orders a restrained party to participate in a batterer’s program pursuant to subdivision (a), the restrained party shall do all of the following: (A) Register for the program by the deadline ordered by the court. If no deadline is ordered by the court, the restrained party shall register no later than 30 days from the date the order was issued. (B) At the time of enrollment, sign all necessary program consent forms for the program to release proof of enrollment, attendance records, and completion or termination reports to the court and the protected party, or the protected party’s attorney. The court and the protected party may provide to the program a fax number or mailing address for purposes of receiving proof of enrollment, attendance records, and completion or termination reports. (C) Provide the court and the protected party with the name, address, and telephone number of the program. (2) By July 1, 2016, the Judicial Council shall revise or promulgate forms as necessary to effectuate this subdivision. (c) The courts shall, in consultation with local domestic violence shelters and programs, develop a resource list of referrals to appropriate community domestic violence programs and services to be provided to each applicant for an order under this section. (Amended by Stats. 2019, Ch. 115, Sec. 66. (AB 1817) Effective January 1, 2020.)
6344.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. )
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A court must, on request, order attorney’s fees and costs for a prevailing petitioner after notice and hearing. It may do the same for a prevailing respondent only if the respondent proves the petition or request was frivolous or meant to abuse, intimidate, or delay. Before awarding fees, the court must first determine the payor’s ability to pay.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6344. (a) After notice and a hearing, a court, upon request, shall issue an order for the payment of attorney’s fees and costs for a prevailing petitioner. (b) After notice and a hearing, the court, upon request, may issue an order for the payment of attorney’s fees and costs for a prevailing respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay. (c) Before a court awards attorney’s fees and costs pursuant to this section, the court shall first determine pursuant to Section 270 that the party ordered to pay has, or is reasonably likely to have, the ability to pay. (Repealed and added by Stats. 2022, Ch. 591, Sec. 2. (AB 2369) Effective January 1, 2023.)
6345.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. )
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The court may set, renew, or end certain protective order durations under specified conditions, and the Judicial Council must create forms for modification requests by January 1, 2025.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6345. (a) In the discretion of the court, the personal conduct, stay-away, and residence exclusion orders contained in a court order issued after notice and a hearing under this article may have a duration of not more than five years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, either for five or more years, or permanently, at the discretion of the court, without a showing of further abuse since the issuance of the original order. Renewals and subsequent renewals shall be subject to termination, modification, or subsequent renewal by further order of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal may be brought at any time within the three months before the expiration of the orders. (b) Notwithstanding subdivision (a), the duration of any orders, other than the protective orders described in subdivision (a), that are also contained in a court order issued after notice and a hearing under this article, including, but not limited to, orders for custody, visitation, support, and disposition of property, shall be governed by the law relating to those specific subjects. (c) The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance. (d) If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive the right to notice if the protected party is physically present in court and does not challenge the sufficiency of the notice. (e) On or before January 1, 2025, the Judicial Council shall create one or more specific forms for the purpose of requesting a modification of an existing restraining order. (Amended by Stats. 2023, Ch. 874, Sec. 2. (SB 459) Effective January 1, 2024.)
6346.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. )
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The court may issue appropriate custody and visitation orders under the Uniform Parentage Act after notice and a hearing if the requesting party has not yet established a parent-child relationship but has filed an action to do so.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6346. The court may make appropriate custody and visitation orders pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) after notice and a hearing under this section when the party who has requested custody or visitation has not established a parent and child relationship under subparagraph (B) of paragraph (2) of subdivision (a) of Section 6323, but has taken steps to establish that relationship by filing an action under the Uniform Parentage Act. (Added by Stats. 1997, Ch. 396, Sec. 3. Effective January 1, 1998.)
6347.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. )
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A court may order a wireless phone service provider to transfer a number and billing responsibility to the requesting party, and the provider must notify the party within 72 hours if it cannot carry out the order.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 2. Orders Issuable After Notice and Hearing [6340 - 6347] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6347. (a) Commencing July 1, 2016, in order to ensure that the requesting party can maintain an existing wireless telephone number, and the wireless numbers of any minor children in the care of the requesting party, the court may issue an order, after notice and a hearing, directing a wireless telephone service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the requesting party, if the requesting party is not the accountholder. (b) (1) The order transferring billing responsibility for and rights to the wireless telephone number or numbers to a requesting party shall be a separate order that is directed to the wireless telephone service provider. The order shall list the name and billing telephone number of the accountholder, the name and contact information of the person to whom the telephone number or numbers will be transferred, and each telephone number to be transferred to that person. The court shall ensure that the contact information of the requesting party is not provided to the accountholder in proceedings held pursuant to Division 10 (commencing with Section 6200). (2) The order shall be served on the wireless service provider’s agent for service of process listed with the Secretary of State. (3) Where the wireless service provider cannot operationally or technically effectuate the order due to certain circumstances, including, but not limited to, any of the following, the wireless service provider shall notify the requesting party within 72 hours of receipt of the order: (A) When the accountholder has already terminated the account. (B) When differences in network technology prevent the functionality of a device on the network. (C) When there are geographic or other limitations on network or service availability. (c) (1) Upon transfer of billing responsibility for and rights to a wireless telephone number or numbers to a requesting party pursuant to subdivision (b) by a wireless telephone service provider, the requesting party shall assume all financial responsibility for the transferred wireless telephone number or numbers, monthly service costs, and costs for any mobile device associated with the wireless telephone number or numbers. (2) This section shall not preclude a wireless service provider from applying any routine and customary requirements for account establishment to the requesting party as part of this transfer of billing responsibility for a wireless telephone number or numbers and any devices attached to that number or numbers, including, but not limited to, identification, financial information, and customer preferences. (d) This section shall not affect the ability of the court to apportion the assets and debts of the parties as provided for in law, or the ability to determine the temporary use, possession, and control of personal property pursuant to Sections 6324 and 6340. (e) No cause of action shall lie against any wireless telephone service provider, its officers, employees, or agents, for actions taken in accordance with the terms of a court order issued pursuant to this section. (f) The Judicial Council shall, on or before July 1, 2016, develop any forms or rules necessary to effectuate this section. (Added by Stats. 2015, Ch. 415, Sec. 2. (AB 1407) Effective January 1, 2016.)
6360.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 3. Orders Included in Judgment [6360 - 6361] ( Article 3 added by Stats. 1993, Ch. 219, Sec. 154. )
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A qualifying judgment may include a protective order.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 3. Orders Included in Judgment [6360 - 6361] ( Article 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6360. A judgment entered in a proceeding for dissolution of marriage, for nullity of marriage, for legal separation of the parties, in a proceeding brought pursuant to this division, or in an action brought pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) may include a protective order as defined in Section 6218. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6361.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 3. Orders Included in Judgment [6360 - 6361] ( Article 3 added by Stats. 1993, Ch. 219, Sec. 154. )
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If an order is included in a judgment under this article, the judgment must identify which parts are the orders and state when they expire.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 2. Issuance of Orders [6320 - 6361] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 154. ) ## ARTICLE 3. Orders Included in Judgment [6360 - 6361] ( Article 3 added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6361. If an order is included in a judgment pursuant to this article, the judgment shall state on its face both of the following: (a) Which provisions of the judgment are the orders. (b) The date of expiration of the orders, which shall be not more than five years from the date the judgment is issued, unless extended by the court after notice and a hearing. (Amended by Stats. 2005, Ch. 125, Sec. 2. Effective January 1, 2006.)
6380.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. )
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Counties, courts, law enforcement, and the Department of Justice must exchange protective-order data electronically and on short deadlines.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6380. (a) Each county, with the approval of the Department of Justice, shall, by July 1, 1996, develop a procedure, using existing systems, for the electronic transmission of data, as described in subdivision (b), to the Department of Justice. The data shall be electronically transmitted through the California Law Enforcement Telecommunications System (CLETS) of the Department of Justice by law enforcement personnel, or with the approval of the Department of Justice, court personnel, or another appropriate agency capable of maintaining and preserving the integrity of both the CLETS and the California Restraining and Protective Order System, as described in subdivision (e). Data entry is required to be entered only once under the requirements of this section, unless the order is served at a later time. A portion of all fees payable to the Department of Justice under subdivision (a) of Section 1203.097 of the Penal Code for the entry of the information required under this section, based upon the proportion of the costs incurred by the local agency and those incurred by the Department of Justice, shall be transferred to the local agency actually providing the data. All data with respect to criminal court protective orders issued, modified, extended, or terminated under Section 136.2 of the Penal Code, and all data filed with the court on the required Judicial Council forms with respect to protective orders, including their issuance, modification, extension, or termination, to which this division applies pursuant to Section 6221, shall be transmitted by the court or its designee within one business day to law enforcement personnel by either one of the following methods: (1) Transmitting a physical copy of the order to a local law enforcement agency authorized by the Department of Justice to enter orders into CLETS. (2) With the approval of the Department of Justice, entering the order into CLETS directly. (b) Upon the issuance of a protective order to which this division applies pursuant to Section 6221, or the issuance of a temporary restraining order or injunction relating to harassment, unlawful violence, or the threat of violence pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or the issuance of a criminal court protective order under Section 136.2 of the Penal Code, or a retail crime restraining order under Section 490.8 of the Penal Code, or the issuance of a juvenile court restraining order related to domestic violence pursuant to Section 213.5, 304, or 362.4 of the Welfare and Institutions Code, or the issuance of a protective order pursuant to Section 15657.03 of the Welfare and Institutions Code, or upon registration with the court clerk of a domestic violence protective or restraining order issued by the tribunal of another state, as defined in Section 6401, and including any of the foregoing orders issued in connection with an order for modification of a custody or visitation order issued pursuant to a dissolution, legal separation, nullity, or paternity proceeding the Department of Justice shall be immediately notified of the contents of the order and the following information: (1) The name, race, date of birth, and other personal descriptive information of the respondent as required by a form prescribed by the Department of Justice. (2) The names of the protected persons. (3) The date of issuance of the order. (4) The duration or expiration date of the order. (5) The terms and conditions of the protective order, including stay-away, no-contact, residency exclusion, custody, and visitation provisions of the order. (6) The department or division number and the address of the court. (7) Whether or not the order was served upon the respondent. (8) The terms and conditions of any restrictions on the ownership or possession of firearms. All available information shall be included; however, the inability to provide all categories of information shall not delay the entry of the information available. (c) The information conveyed to the Department of Justice shall also indicate whether the respondent was present in court to be informed of the contents of the court order. The respondent’s presence in court shall provide proof of service of notice of the terms of the protective order. The respondent’s failure to appear shall also be included in the information provided to the Department of Justice. (d) (1) Within one business day of service, a law enforcement officer who served a protective order shall submit the proof of service directly into the Department of Justice California Restraining and Protective Order System, including the officer’s name and law enforcement agency, and shall transmit the original proof of service form to the issuing court. (2) Within one business day of receipt of proof of service by a person other than a law enforcement officer, the clerk of the court shall submit the proof of service of a protective order directly into the Department of Justice California Restraining and Protective Order System, including the name of the person who served the order. If the court is unable to provide this notification to the Department of Justice by electronic transmission, the court shall, within one business day of receipt, transmit a copy of the proof of service to a local law enforcement agency. The local law enforcement agency shall submit the proof of service directly into the Department of Justice California Restraining and Protective Order System within one business day of receipt from the court. (e) The Department of Justice shall maintain a California Restraining and Protective Order System and shall make available to court clerks and law enforcement personnel, through computer access, all information regarding the protective and restraining orders and injunctions described in subdivision (b), whether or not served upon the respondent. (f) If a court issues a modification, extension, or termination of a protective order, it shall be on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice, and the transmitting agency for the county shall immediately notify the Department of Justice, by electronic transmission, of the terms of the modification, extension, or termination. (g) The Judicial Council shall assist local courts charged with the responsibility for issuing protective orders by developing informational packets describing the general procedures for obtaining a domestic violence restraining order and indicating the appropriate Judicial Council forms. The informational packets shall include a design, that local courts shall complete, that describes local court procedures and maps to enable applicants to locate filing windows and appropriate courts, and shall also include information on how to return proofs of service, including mailing addresses and fax numbers. The court clerk shall provide a fee waiver form to all applicants for domestic violence protective orders. The court clerk shall provide all Judicial Council forms required by this chapter to applicants free of charge. The informational packet shall also contain a statement that the protective order is enforceable in any state, as defined in Section 6401, and general information about agencies in other jurisdictions that may be contacted regarding enforcement of an order issued by a court of this state. (h) For the purposes of this part, “electronic transmission” shall include computer access through the California Law Enforcement Telecommunications System (CLETS). (i) Only protective and restraining orders issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice shall be transmitted to the Department of Justice. However, this provision does not apply to a valid protective or restraining order related to domestic or family violence issued by a tribunal of another state, as defined in Section 6401. Those orders shall, upon request, be registered pursuant to Section 6404. (j) (1) All protective orders subject to transmittal to CLETS pursuant to this section are required to be so transmitted. (2) This subdivision does not constitute a change in, but is declaratory of, existing law. (Amended by Stats. 2024, Ch. 169, Sec. 1. (AB 3209) Effective January 1, 2025.)
6380.5.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. )
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The department may set up, or hire a vendor to set up, an automated system that gives protected persons information about their protective-order case, if the Legislature appropriates money.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6380.5. (a) This section shall be known, and may be cited, as Wyland’s Law. (b) Subject to an appropriation by the Legislature, the department may establish, or contract with a vendor to establish, an automated protected person information and notification system to provide a petitioner or protected person in a protective order case with automated access to information maintained in the California Restraining and Protective Order System about their case, which shall include all of the following: (1) Whether the department has received a record of the protective order. (2) If the protective order has been successfully served on the restrained person. (3) Notwithstanding any other law, if the restrained person has violated the protective order by attempting to purchase or acquire a firearm or ammunition while the order is in effect. (c) (1) Notwithstanding any other law, a record demonstrating whether the superior court has fulfilled its transmission obligations pursuant to subdivision (a) or (b) of Section 6380 is required to be open to public inspection and copying. (2) Notwithstanding any other law, a record demonstrating receipt of information about a protective order that the department maintains is a public record that is not exempt from disclosure in response to a public record request made pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (3) Paragraph (2) of this subdivision does not constitute a change in, but is declaratory of, existing law. (d) For purposes of this section, the following definitions apply: (1) “Department” means the Department of Justice. (2) “Protective order” includes all order types listed in Section 6380 and the reissuance, extension, modification, or termination of the order. (Added by Stats. 2025, Ch. 574, Sec. 2. (AB 1363) Effective January 1, 2026.)
6381.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. )
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A protective order under this part is generally enforceable anywhere in the state, but a local law enforcement agency may not enforce it unless it has a copy of the order or otherwise learns its contents through the specified state system.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6381. (a) Notwithstanding Section 6380 and subject to subdivision (b), an order issued under this part is enforceable in any place in this state. (b) An order issued under this part is not enforceable by a law enforcement agency of a political subdivision unless that law enforcement agency has received a copy of the order, or the officer enforcing the order has been shown a copy of the order or has obtained information, through the California Restraining and Protective Order System maintained by the Department of Justice, of the contents of the order, as described in subdivision (b). (c) The data contained in the California Restraining and Protective Order System shall be deemed to be original, self-authenticating, documentary evidence of the court orders. Oral notification of the terms of the orders shall be sufficient notice for enforcement under subdivision (g) of Section 136.2 and Section 273.6 of the Penal Code. (Amended by Stats. 2019, Ch. 115, Sec. 69. (AB 1817) Effective January 1, 2020.)
6382.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. )
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Each appropriate law enforcement agency must provide responding officers access to information about the existence, terms, and current status of an order under this part.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6382. Each appropriate law enforcement agency shall make available to any law enforcement officer responding to the scene of reported domestic violence, through an existing system for verification, information as to the existence, terms, and current status of an order issued under this part. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6383.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. )
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This section sets out how protective orders are served and enforced, including duties for petitioners, law enforcement, and peace officers, and it bars charging the petitioner a service fee.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6383. (a) A temporary restraining order, emergency protective order, or an order issued after hearing pursuant to this part shall, on request of the petitioner, be served on the respondent, whether or not the respondent has been taken into custody, either by a law enforcement officer, excluding those defined in subdivision (a) of Section 830.5 of the Penal Code, who is present at the scene of reported domestic violence involving the parties to the proceeding or who receives a request from the petitioner to provide service of the order. (b) (1) The petitioner shall provide the officer with an endorsed copy of the order and a proof of service that the officer shall complete and transmit to the issuing court. (2) Service shall be provided pursuant to Section 6389 of the Family Code. (3) Notwithstanding any other law, a fee shall not be charged to the petitioner for service of an order described in subdivision (a). (4) If a firearm is obtained at the scene of a domestic violence incident or during service as provided in this section, law enforcement shall enter, or cause to be entered, the firearm into the Department of Justice Automated Firearms System pursuant to Section 11108.2 of the Penal Code. (c) It is a rebuttable presumption that the proof of service was signed on the date of service. (d) Upon receiving information at the scene of a domestic violence incident that a protective order has been issued under this part, or that a person who has been taken into custody is the respondent to that order, if the protected person cannot produce an endorsed copy of the order, a law enforcement officer shall immediately inquire of the California Restraining and Protective Order System to verify the existence of the order. (e) If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and where a written copy of the order can be obtained, and the officer shall, at that time, also enforce the order. The law enforcement officer’s verbal notice of the terms of the order shall constitute service of the order and is sufficient notice for the purposes of this section and for the purposes of Sections 273.6 and 29825 of the Penal Code. (f) If a report is required under Section 13730 of the Penal Code, or if no report is required, then in the daily incident log, the officer shall provide the name and assignment of the officer notifying the respondent pursuant to subdivision (e) and the case number of the order. (g) Upon service of the order outside of the court, a law enforcement officer shall advise the respondent to go to the local court to obtain a copy of the order containing the full terms and conditions of the order. (h) (1) There shall be no civil liability on the part of, and no cause of action for false arrest or false imprisonment against, a peace officer who makes an arrest pursuant to a protective or restraining order that is regular upon its face, if the peace officer, in making the arrest, acts in good faith and has reasonable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order. (2) If there is more than one order issued and one of the orders is an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c) of Section 136.2 of the Penal Code, the peace officer shall enforce the emergency protective order. If there is more than one order issued, none of the orders issued is an emergency protective order that has precedence in enforcement, and one of the orders issued is a no-contact order, as described in Section 6320, the peace officer shall enforce the no-contact order. If there is more than one civil order regarding the same parties and neither an emergency protective order that has precedence in enforcement nor a no-contact order has been issued, the peace officer shall enforce the order that was issued last. If there are both civil and criminal orders regarding the same parties and neither an emergency protective order that has precedence in enforcement nor a no-contact order has been issued, the peace officer shall enforce the criminal order issued last, subject to the provisions of subdivisions (h) and (i) of Section 136.2 of the Penal Code. This section does not exonerate a peace officer from liability for the unreasonable use of force in the enforcement of the order. The immunities afforded by this section shall not affect the availability of any other immunity that may apply, including, but not limited to, Sections 820.2 and 820.4 of the Government Code. (i) A peace officer listed in Section 18250 of the Penal Code shall take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or otherwise lawful search as necessary for the protection of the peace officer or other persons present in any of the following circumstances: (1) The peace officer is at the scene of a domestic violence incident involving a threat to human life or a physical assault. (2) The peace officer is serving a protective order issued pursuant to this part. (3) The peace officer is serving a gun violence restraining order issued pursuant to Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code. (Amended by Stats. 2023, Ch. 242, Sec. 1. (AB 818) Effective January 1, 2024.)
6384.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. )
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This section says service proof is not needed for enforcement in one situation, and allows mailing the later order in another situation. It also requires Judicial Council forms to include a notice about this process.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6384. (a) If a respondent named in an order issued under this part after a hearing has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of the order. If a respondent named in a temporary restraining order or emergency protective order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order or emergency protective order, but the respondent does not appear at the hearing either in person or by counsel, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining or emergency protective order, except for the duration of the order, the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to the respondent at the most current address for the respondent that is available to the court. (b) The Judicial Council forms for orders issued under this part shall contain a statement in substantially the following form: “If you have been personally served with a temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the following address: ____. If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.” (Amended by Stats. 2010, Ch. 572, Sec. 21. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
6385.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. )
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This section says proof of service is sometimes not required for a protective order, failure to give the Department of Justice certain descriptive information does not invalidate the order, and specified public employees are protected from civil liability in the stated firearm-notification scenario.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6385. (a) Proof of service of the protective order is not required for the purposes of Section 6380 if the order indicates on its face that both parties were personally present at the hearing at which the order was issued and that, for the purpose of Section 6384, no proof of service is required, or if the order was served by a law enforcement officer pursuant to Section 6383. (b) The failure of the petitioner to provide the Department of Justice with the personal descriptive information regarding the person restrained does not invalidate the protective order. (c) There is no civil liability on the part of, and no cause of action arises against, an employee of a local law enforcement agency, a court, or the Department of Justice, acting within the scope of employment, if a person described in Section 29825 of the Penal Code unlawfully purchases or receives or attempts to purchase or receive a firearm and a person is injured by that firearm or a person who is otherwise entitled to receive a firearm is denied a firearm and either wrongful action is due to a failure of a court to provide the notification provided for in this chapter. (Amended by Stats. 2010, Ch. 178, Sec. 25. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
6386.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. )
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A court may appoint counsel for a petitioner in a protective-order enforcement proceeding and may order the respondent to pay the petitioner’s reasonable attorney’s fees and costs if private counsel was appointed.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6386. (a) The court may, in its discretion, appoint counsel to represent the petitioner in a proceeding to enforce the terms of a protective order, as defined in Section 6218. (b) In a proceeding in which private counsel was appointed by the court pursuant to subdivision (a), the court may order the respondent to pay reasonable attorney’s fees and costs incurred by the petitioner. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6387.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. )
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The court must order the clerk to give a petitioner up to three certified, stamped, and endorsed copies of covered orders at no cost.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6387. The court shall order the clerk of the court to provide to a petitioner, without cost, up to three certified, stamped, and endorsed copies of any order issued under this part, and of an extension, modification, or termination of the order. (Amended by Stats. 2010, Ch. 572, Sec. 22. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
6388.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. )
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A willful and knowing violation of a protective order is a crime punishable under Penal Code Section 273.6.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6388. A willful and knowing violation of a protective order, as defined in Section 6218, is a crime punishable as provided by Section 273.6 of the Penal Code. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)
6389.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. )
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People subject to a protective order generally must not own, possess, purchase, or receive firearms or ammunition while the order is in effect, and courts must order relinquishment of covered items.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS [6300 - 6389] ( Part 4 added by Stats. 1993, Ch. 219, Sec. 154. ) ## CHAPTER 3. Registration and Enforcement of Orders [6380 - 6389] ( Chapter 3 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## 6389. (a) A person subject to a protective order, as defined in Section 6218, shall not own, possess, purchase, or receive a firearm or ammunition while that protective order is in effect. A person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code. (b) On all forms providing notice that a protective order has been requested or granted, the Judicial Council shall include a notice that, upon service of the order, the respondent shall be ordered to relinquish possession or control of any firearms or ammunition and not to purchase or receive or attempt to purchase or receive any firearms or ammunition for a period not to exceed the duration of the restraining order. (c) (1) Upon issuance of a protective order, as defined in Section 6218, the court shall order the respondent to relinquish any firearm or ammunition in the respondent’s immediate possession or control or subject to the respondent’s immediate possession or control. (2) The relinquishment ordered pursuant to paragraph (1) shall occur by immediately surrendering the firearm or ammunition in a safe manner, upon request of a law enforcement officer, to the control of the officer, after being served with the protective order. A law enforcement officer serving a protective order that indicates that the respondent possesses weapons or ammunition shall request that the firearm or ammunition be immediately surrendered. Alternatively, if a request is not made by a law enforcement officer, the relinquishment shall occur within 24 hours of being served with the order, by either surrendering the firearm or ammunition in a safe manner to the control of local law enforcement officials, or by selling, transferring, or relinquishing for storage pursuant to Section 29830 of the Penal Code, the firearm or ammunition to a licensed gun dealer, as specified in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6 of the Penal Code. The law enforcement officer or licensed gun dealer taking possession of the firearm or ammunition pursuant to this subdivision shall issue a receipt to the person relinquishing the firearm or ammunition at the time of relinquishment. A person ordered to relinquish a firearm or ammunition pursuant to this subdivision shall, within 48 hours after being served with the order, do both of the following: (A) File, with the court that issued the protective order, the receipt showing the firearm or ammunition was surrendered to a local law enforcement agency or sold to a licensed gun dealer. Failure to timely file a receipt shall constitute a violation of the protective order. (B) File a copy of the receipt described in subparagraph (A) with the law enforcement agency that served the protective order. Failure to timely file a copy of the receipt shall constitute a violation of the protective order. (3) The forms for protective orders adopted by the Judicial Council and approved by the Department of Justice shall require the petitioner to describe the number, types, and locations of any firearms or ammunition presently known by the petitioner to be possessed or controlled by the respondent. (4) A court holding a hearing on this matter shall review the file to determine whether the receipt has been filed and inquire of the respondent whether they have complied with the requirement. Violations of the firearms prohibition of any restraining order under this section shall be reported to the prosecuting attorney in the jurisdiction where the order has been issued within two business days of the court hearing unless the restrained party provides a receipt showing compliance at a subsequent hearing or by direct filing with the clerk of the court. (5) Every law enforcement agency in the state shall develop, adopt, and implement written policies and standards for law enforcement officers who request immediate relinquishment of firearms or ammunition. (d) If the respondent declines to relinquish possession of a firearm or ammunition based on the assertion of the right against self-incrimination, as provided by the Fifth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution, the court may grant use immunity for the act of relinquishing the firearm or ammunition required under this section. (e) A local law enforcement agency may charge the respondent a fee for the storage of a firearm or ammunition pursuant to this section. This fee shall not exceed the actual cost incurred by the local law enforcement agency for the storage of the firearm or ammunition. For purposes of this subdivision, “actual cost” means expenses directly related to taking possession of a firearm or ammunition, storing the firearm or ammunition, and surrendering possession of the firearm or ammunition to a licensed dealer as defined in Section 26700 of the Penal Code or to the respondent. (f) The restraining order requiring a person to relinquish a firearm or ammunition pursuant to subdivision (c) shall state on its face that the respondent is prohibited from owning, possessing, purchasing, or receiving a firearm or ammunition while the protective order is in effect and that the firearm or ammunition shall be relinquished to the local law enforcement agency for that jurisdiction or sold to a licensed gun dealer, and that proof of surrender or sale shall be filed with the court within a specified period of receipt of the order. The order shall also state on its face the expiration date for relinquishment. This section does not limit a respondent’s right under existing law to petition the court at a later date for modification of the order. (g) The restraining order requiring a person to relinquish a firearm or ammunition pursuant to subdivision (c) shall prohibit the person from possessing or controlling a firearm or ammunition for the duration of the order. At the expiration of the order, the local law enforcement agency shall return possession of the surrendered firearm or ammunition to the respondent, within five days after the expiration of the relinquishment order, unless the local law enforcement agency determines that (1) the firearm or ammunition has been stolen, (2) the respondent is prohibited from possessing a firearm or ammunition because the respondent is in a prohibited class for the possession of firearms or ammunition, as defined in Chapter 2 (commencing with Section 29800) and Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of the Penal Code, Section 30305 of the Penal Code, and Sections 8100 and 8103 of the Welfare and Institutions Code, or (3) another successive restraining order is issued against the respondent under this section. If the local law enforcement agency determines that the respondent is the legal owner of a firearm or ammunition deposited with the local law enforcement agency and is prohibited from possessing a firearm or ammunition, the respondent shall be entitled to sell or transfer the firearm or ammunition to a licensed dealer as defined in Section 26700 of the Penal Code. If the firearm or ammunition has been stolen, the firearm or ammunition shall be restored to the lawful owner upon the owner identifying the firearm and ammunition and providing proof of ownership. (h) The court may, as part of the relinquishment order, grant an exemption from the relinquishment requirements of this section for a particular firearm or ammunition if the respondent is not otherwise prohibited from owning, possessing, controlling, or purchasing a firearm and ammunition under state or federal law and one of the following applies: (1) (A) The respondent is currently employed as a sworn peace officer who is required, as a condition of continued employment, to carry a firearm, ammunition, or firearm and ammunition and the current employer is unable to reassign the peace officer to another position where use of a specified firearm or ammunition is unnecessary. In such a case, a court may allow the peace officer to continue to carry a specified firearm, ammunition, or firearm and ammunition, either on duty or off duty, if the court finds by a preponderance of the evidence, in writing or on the record, both of the following: (i) The peace officer’s personal safety depends on the ability to carry that specific firearm, ammunition, or firearm and ammunition outside of scheduled work hours. (ii) The peace officer does not pose an additional threat of harm to a protected party or the public by having access to that specific firearm, ammunition, or firearm and ammunition, including whether the peace officer might use the firearm for a purpose other than as permitted under this paragraph. (B) Prior to making this finding, the court shall require a mandatory psychological evaluation of the peace officer by a licensed mental health professional with domestic violence expertise. The court shall consider the results of an evaluation and may require the peace officer to enter into counseling or another remedial treatment program to deal with a propensity for domestic violence. (2) (A) The respondent is not a peace officer but is required to carry a specific firearm, ammunition, or firearm and ammunition during scheduled work hours as a condition of continued employment, and the current employer is unable to reassign the respondent to another position where the firearm, ammunition, or firearm and ammunition is unnecessary. In such a case, a court may grant an exemption to allow the respondent to possess a specific firearm, ammunition, or firearm and ammunition only during scheduled work hours if the court finds by a preponderance of the evidence, in writing or on the record, that the respondent does not pose an additional threat of harm to a protected party or the public by having access to the specific firearm, ammunition, or firearm and ammunition only during scheduled work hours, including whether the respondent might utilize the firearm, ammunition, or firearm and ammunition for a purpose other than as permitted under this paragraph. (B) To assist the court in making this determination, the court may order a psychological evaluation of the respondent by a licensed mental health professional with domestic violence expertise. (C) If the court grants an exemption pursuant to this paragraph, the order shall provide that the specific firearm, ammunition, or firearm and ammunition shall be in the physical possession of the respondent only during scheduled work hours and that the exemption does not authorize the respondent to possess any other firearm or ammunition, or to possess the specific firearm, ammunition, or firearm and ammunition outside of scheduled work hours. (i) (1) If an exemption is granted under subdivision (h) during the pendency of a temporary restraining order and the court subsequently issues a restraining order after hearing on the same application, the court shall review and make a finding, in writing or on the record, as to whether the exemption remains appropriate, based upon the criteria set forth in paragraph (1) or (2) of subdivision (h), as applicable, in light of the issuance of the order after hearing. This review and finding shall occur at the time the restraining order after hearing is issued. (2) If an exemption is granted and the court subsequently renews the restraining order pursuant to Section 6345 at the request of a party, the court shall review and make a finding, in writing or on the record, as to whether the exemption remains appropriate, based upon the criteria set forth in paragraph (1) or (2) of subdivision (h), as applicable, in light of the renewal. This finding shall be made at the time the restraining order after hearing is renewed. (3) The court may terminate or modify an exemption granted pursuant to this paragraph at any time if the respondent demonstrates a need to modify the specific firearm, ammunition, or firearm and ammunition authorized by the court pursuant to subdivision (h) or if the respondent no longer meets the requirements in this section or otherwise violates the restraining order. (j) During the period of the relinquishment order, a respondent is entitled to make one sale of all firearms or ammunition that are in the possession of a local law enforcement agency pursuant to this section. A licensed gun dealer, who presents a local law enforcement agency with a bill of sale indicating that all firearms or ammunition owned by the respondent that are in the possession of the local law enforcement agency have been sold by the respondent to the licensed gun dealer, shall be given possession of those firearms or ammunition, at the location where a respondent’s firearms or ammunition are stored, within five days of presenting the local law enforcement agency with a bill of sale. (k) The disposition of any unclaimed property under this section shall be made pursuant to Section 1413 of the Penal Code. (l) (1) The relinquishment of a firearm to a law enforcement agency pursuant to subdivision (g) shall not be subject to the requirements of Section 27545 of the Penal Code. (2) The return of firearms and ammunition by a law enforcement agency pursuant to this section shall be governed by the applicable provisions of Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code. (m) If the respondent notifies the court that the respondent owns a firearm or ammunition that is not in their immediate possession, the court may limit the order to exclude that firearm or ammunition if the judge is satisfied the respondent is unable to gain access to that firearm or ammunition while the protective order is in effect. (n) A respondent to a protective order who violates an order issued pursuant to this section shall be punished under the provisions of Section 29825 of the Penal Code. (o) This section shall become operative on January 1, 2026. (Amended (as added by Stats. 2024, Ch. 544, Sec. 9.5) by Stats. 2025, Ch. 241, Sec. 6. (SB 857) Effective January 1, 2026.)
6400.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. )
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This part may be cited as the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. ) ## 6400. This part may be cited as the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. (Added by Stats. 2001, Ch. 816, Sec. 3. Effective January 1, 2002.)
6401.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. )
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This section defines key terms used in the part on interstate enforcement of domestic violence protection orders.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. ) ## 6401. In this part: (1) “Foreign protection order” means a protection order issued by a tribunal of another state. (2) “Issuing state” means the state whose tribunal issues a protection order. (3) “Mutual foreign protection order” means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent. (4) “Protected individual” means an individual protected by a protection order. (5) “Protection order” means an injunction or other order, issued by a tribunal under the domestic violence, family violence, or antistalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual. (6) “Respondent” means the individual against whom enforcement of a protection order is sought. (7) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or any branch of the United States military, that has jurisdiction to issue protection orders. (8) “Tribunal” means a court, agency, or other entity authorized by law to issue or modify a protection order. (Amended by Stats. 2003, Ch. 134, Sec. 1. Effective January 1, 2004.)
6402.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. )
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Certain people may seek enforcement of a valid foreign protection order in a California tribunal, and the tribunal must enforce qualifying orders, but not orders from states that do not recognize the protected person’s standing to seek enforcement.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. ) ## 6402. (a) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this state. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal of this state would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of this state for the enforcement of protection orders. (b) A tribunal of this state may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order. (c) A tribunal of this state shall enforce the provisions of a valid foreign protection order which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state. (d) A foreign protection order is valid if it meets all of the following criteria: (1) Identifies the protected individual and the respondent. (2) Is currently in effect. (3) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state. (4) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process. (e) A foreign protection order valid on its face is prima facie evidence of its validity. (f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order. (g) A tribunal of this state may enforce provisions of a mutual foreign protection order which favor a respondent only if both of the following are true: (1) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state. (2) The tribunal of the issuing state made specific findings in favor of the respondent. (Amended by Stats. 2003, Ch. 134, Sec. 2. Effective January 1, 2004.)
6403.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. )
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Law enforcement officers must enforce valid foreign protection orders when they have probable cause that the order exists and was violated.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. ) ## 6403. (a) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of this state. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes, in and of itself, probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement. (b) If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists. (c) If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order. Verbal notice of the terms of the order is sufficient notice for the purposes of this section. (d) Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to this part. (Added by Stats. 2001, Ch. 816, Sec. 3. Effective January 1, 2002.)
6404.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. )
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The Judicial Council must set rules for registering foreign protection orders and sealing them, and court clerks must give required forms free of charge. No fee may be charged for registering a foreign protection order.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. ) ## 6404. (a) A foreign protection order shall, upon request of the person in possession of the order, be registered with a court of this state in order to be entered in the California Restraining and Protective Order System established under Section 6380. The Judicial Council shall adopt rules of court to do the following: (1) Set forth the process whereby a person in possession of a foreign protection order may voluntarily register the order with a court of this state for entry into the California Restraining and Protective Order System. (2) Require the sealing of foreign protection orders and provide access only to law enforcement, the person who registered the order upon written request with proof of identification, the defense after arraignment on criminal charges involving an alleged violation of the order, or upon further order of the court. (b) A fee shall not be charged for the registration of a foreign protection order. The court clerk shall provide all Judicial Council forms required by this part to a person in possession of a foreign protection order free of charge. (Amended by Stats. 2019, Ch. 115, Sec. 72. (AB 1817) Effective January 1, 2020.)
6405.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. )
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Peace officers get immunity when making certain arrests under qualifying foreign protection orders, but they must follow the section’s enforcement priority rules and are not protected for unreasonable use of force.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. ) ## 6405. (a) There shall be no civil liability on the part of, and no cause of action for false arrest or false imprisonment against, a peace officer who makes an arrest pursuant to a foreign protection order that is regular upon its face, if the peace officer, in making the arrest, acts in good faith and has reasonable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order. (b) If there is more than one order issued and one of the orders is an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c) of Section 136.2 of the Penal Code, the peace officer shall enforce the emergency protective order. If there is more than one order issued, none of the orders issued is an emergency protective order that has precedence in enforcement, and one of the orders issued is a no-contact order, as described in Section 6320, the peace officer shall enforce the no-contact order. If there is more than one civil order regarding the same parties and neither an emergency protective order that has precedence in enforcement nor a no-contact order has been issued, the peace officer shall enforce the order that was issued last. If there are both civil and criminal orders regarding the same parties and neither an emergency protective order that has precedence in enforcement nor a no-contact order has been issued, the peace officer shall enforce the criminal order issued last. (c) Nothing in this section shall be deemed to exonerate a peace officer from liability for the unreasonable use of force in the enforcement of the order. The immunities afforded by this section shall not affect the availability of any other immunity that may apply, including, but not limited to, Sections 820.2 and 820.4 of the Government Code. (Amended by Stats. 2013, Ch. 263, Sec. 3. (AB 176) Effective January 1, 2014. Operative July 1, 2014, by Sec. 5 of Ch. 263.)
6406.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. )
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A protected individual using remedies under this part may still pursue other legal or equitable remedies against the respondent.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. ) ## 6406. A protected individual who pursues remedies under this part is not precluded from pursuing other legal or equitable remedies against the respondent. (Added by Stats. 2001, Ch. 816, Sec. 3. Effective January 1, 2002.)
6407.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. )
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When applying and interpreting this part, give consideration to promoting uniformity of the law among states that adopted the act.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. ) ## 6407. In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that also have adopted the act cited in Section 6400. (Added by Stats. 2001, Ch. 816, Sec. 3. Effective January 1, 2002.)
6408.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. )
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If one part of this section is held invalid, the rest still applies if it can work without the invalid part.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. ) ## 6408. If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and to this end the provisions of this part are severable. (Added by Stats. 2001, Ch. 816, Sec. 3. Effective January 1, 2002.)
6409.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. )
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This section says the part applies to certain protection orders and enforcement actions tied to January 1, 2002.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 5. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT [6400 - 6409] ( Part 5 added by Stats. 2001, Ch. 816, Sec. 3. ) ## 6409. This part applies to protection orders issued before January 1, 2002, and to continuing actions for enforcement of foreign protection orders commenced before January 1, 2002. A request for enforcement of a foreign protection order made on or after January 1, 2002, for violations of a foreign protection order occurring before January 1, 2002, is governed by this part. (Added by Stats. 2001, Ch. 816, Sec. 3. Effective January 1, 2002.)
6450.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. )
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This part may be cited as the Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. ) ## 6450. This part may be cited as the Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act. (Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
6451.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. )
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This section defines key terms used in the part on recognition and enforcement of Canadian domestic violence protection orders.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. ) ## 6451. In this part: (a) “Canadian domestic violence protection order” means a judgment or part of a judgment or order issued in English in a civil proceeding by a court of Canada under law of the issuing jurisdiction that relates to domestic violence and prohibits a respondent from doing any of the following: (1) Being in physical proximity to a protected individual or following a protected individual. (2) Directly or indirectly contacting or communicating with a protected individual or other individual described in the order. (3) Being within a certain distance of a specified place or location associated with a protected individual. (4) Molesting, annoying, harassing, or engaging in threatening conduct directed at a protected individual. (b) “Domestic protection order” means an injunction or other order issued by a tribunal that relates to domestic or family violence laws to prevent an individual from engaging in violent or threatening acts against, harassment of, direct or indirect contact or communication with, or being in physical proximity to, another individual. (c) “Issuing court” means the court that issues a Canadian domestic violence protection order. (d) “Law enforcement officer” means an individual authorized by law of this state to enforce a domestic protection order. (e) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (f) “Protected individual” means an individual protected by a Canadian domestic violence protection order. (g) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (h) “Respondent” means an individual against whom a Canadian domestic violence protection order is issued. (i) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe. (j) “Tribunal” means a court, agency, or other entity authorized by law to establish, enforce, or modify a domestic protection order. (Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
6452.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. )
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Law enforcement officers must enforce valid Canadian domestic violence protection orders when there is probable cause and a violation, and they must take specified notice steps when the respondent has not been served.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. ) ## 6452. (a) If a law enforcement officer determines under subdivision (b) or (c) that there is probable cause to believe a valid Canadian domestic violence protection order exists and the order has been violated, the officer shall enforce the terms of the Canadian domestic violence protection order as if the terms were in an order of a tribunal of this state. Presentation to a law enforcement officer of a certified copy of a Canadian domestic violence protection order is not required for enforcement. (b) Presentation to a law enforcement officer of a record of a Canadian domestic violence protection order that identifies both a protected individual and a respondent and on its face is in effect constitutes probable cause to believe that a valid order exists. (c) If a record of a Canadian domestic violence protection order is not presented as provided in subdivision (b), a law enforcement officer may consider other information in determining whether there is probable cause to believe that a valid Canadian domestic violence protection order exists. (d) If a law enforcement officer determines that an otherwise valid Canadian domestic violence protection order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall notify the protected individual that the officer will make reasonable efforts to contact the respondent, consistent with the safety of the protected individual. After notice to the protected individual and consistent with the safety of the individual, the officer shall make a reasonable effort to inform the respondent of the order, notify the respondent of the terms of the order, provide a record of the order, if available, to the respondent, and allow the respondent a reasonable opportunity to comply with the order before the officer enforces the order. Verbal notice of the terms of the order is sufficient for purposes of this subdivision. (e) If a law enforcement officer determines that an individual is a protected individual, the officer shall inform the individual of available local victim services. (Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
6453.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. )
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A California tribunal may enforce or refuse to enforce a Canadian domestic violence protection order, and must use California enforcement procedures in that proceeding.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. ) ## 6453. (a) A tribunal of this state may issue an order enforcing or refusing to enforce a Canadian domestic violence protection order on application of any of the following: (1) A protected party or other person authorized by law of this state other than this part to seek enforcement of a domestic protection order. (2) A respondent. (b) In a proceeding under subdivision (a), the tribunal of this state shall follow the procedures of this state for enforcement of a domestic protection order. An order entered under this section is limited to the enforcement of the terms of the Canadian domestic violence protection order as described in subdivision (a) of Section 6451. (c) A Canadian domestic violence protection order is enforceable under this section if all of the following apply: (1) The order identifies a protected individual and a respondent. (2) The order is valid and in effect. (3) The issuing court had jurisdiction over the parties and the subject matter under law applicable in the issuing court. (4) The order was issued after either of the following: (A) The respondent was given reasonable notice and had an opportunity to be heard before the court issued the order. (B) In the case of an ex parte order, the respondent was given reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the right of the respondent to due process. (d) A Canadian domestic violence protection order valid on its face is prima facie evidence of its enforceability under this section. (e) A claim that a Canadian domestic violence protection order does not comply with subdivision (c) is an affirmative defense in a proceeding seeking enforcement of the order. If the tribunal of this state determines that the order is not enforceable, the tribunal of this state shall issue an order that the Canadian domestic violence protection order is not enforceable under this section and Section 6452 and may not be registered under Section 6454. (f) This section applies to enforcement of a provision of a Canadian domestic violence protection order against a party to the order in which each party is a protected individual and respondent only if both of the following apply: (1) The party seeking enforcement of the order filed a pleading requesting the order from the issuing court. (2) The court made detailed findings of fact indicating that both parties acted as a primary aggressor and that neither party acted primarily in self-defense. (Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
6454.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. )
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An individual may register a Canadian domestic violence protection order in this state, but must provide a certified copy to a state court for entry into the system. No fee may be charged for the registration, and registration or other filing in this state is not required for enforcement under this part.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. ) ## 6454. (a) An individual may register a Canadian domestic violence protection order in this state. To register the order, the individual must present a certified copy of the order to a court of this state to be entered into the California Restraining and Protective Order System established under Section 6380, pursuant to procedures set forth in Section 6404. (b) A fee shall not be charged for the registration of a Canadian domestic violence protection order under this section. (c) Registration in this state or filing under law of this state other than this part of a Canadian domestic violence protection order is not required for its enforcement under this part. (Amended by Stats. 2019, Ch. 115, Sec. 73. (AB 1817) Effective January 1, 2020.)
6455.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. )
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A law enforcement officer is generally protected from civil liability and false arrest or false imprisonment claims when making an arrest under a Canadian domestic violence protection order, if acting in good faith and with reasonable cause about notice and violation.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. ) ## 6455. (a) There shall be no civil liability on the part of, and no cause of action for false arrest or false imprisonment against, a law enforcement officer who makes an arrest pursuant to a Canadian domestic violence protection order that is regular upon its face, if the law enforcement officer, in making the arrest, acts in good faith and has reasonable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order. (b) Nothing in this section shall be deemed to exonerate a law enforcement officer from liability for the unreasonable use of force in the enforcement of the order. The immunities afforded by this section shall not affect the availability of any other immunity that may apply, including, but not limited to, Sections 820.2 and 820.4 of the Government Code. (Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
6456.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. )
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An individual seeking a remedy under this part may also seek other legal or equitable remedies.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. ) ## 6456. An individual who seeks a remedy under this part may seek other legal or equitable remedies. (Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
6457.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. )
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Law enforcement officers must enforce the highest-priority applicable order when multiple orders exist, following the order rules in this section.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. ) ## 6457. If there is more than one order issued and one of the orders is an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c) of Section 136.2 of the Penal Code, the law enforcement officer shall enforce the emergency protective order. If there is more than one order issued, none of the orders issued is an emergency protective order that has precedence in enforcement, and one of the orders issued is a no-contact order, as described in Section 6320, the law enforcement officer shall enforce the no-contact order. If there is more than one civil order regarding the same parties and neither an emergency protective order that has precedence in enforcement nor a no-contact order has been issued, the law enforcement officer shall enforce the order that was issued last. If there are both civil and criminal orders regarding the same parties and neither an emergency protective order that has precedence in enforcement nor a no-contact order has been issued, the law enforcement officer shall enforce the criminal order issued last. (Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
6458.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. )
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This section says Part 6 can modify, limit, or supersede the federal E-SIGN Act, but not Section 101(c), and it does not authorize electronic delivery of certain notices under Section 103(b).

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. ) ## 6458. This part modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)), or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)). (Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
6459.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. )
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This section says the part applies to Canadian domestic violence protection orders and related enforcement actions, including some issued or started before January 1, 2018.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. ) ## 6459. This part applies to a Canadian domestic violence protection order issued before, on, or after January 1, 2018, and to a continuing action for enforcement of a Canadian domestic violence protection order commenced before, on, or after January 1, 2018. A request for enforcement of a Canadian domestic violence protection order made on or after January 1, 2018, for a violation of the order occurring before, on, or after January 1, 2018, is governed by this part. (Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
6460.
## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. )
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If part of this section is invalid, the rest still applies if it can work without the invalid part.

## Family Code - FAM ## DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE [6200 - 6460] ( Division 10 repealed and added by Stats. 1993, Ch. 219, Sec. 154. ) ## PART 6. Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act [6450 - 6460] ( Part 6 added by Stats. 2017, Ch. 98, Sec. 1. ) ## 6460. If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part are severable. (Added by Stats. 2017, Ch. 98, Sec. 1. (SB 204) Effective January 1, 2018.)
65.
## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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This section defines “community property” as property that is community property under Part 2 of Division 4.

## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 65. “Community property” is property that is community property under Part 2 (commencing with Section 760) of Division 4. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6500.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. AGE OF MAJORITY [6500 - 6502] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor is a person under 18, and minority is measured from the first minute of birth day to the same minute on the corresponding birthday that ends minority.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. AGE OF MAJORITY [6500 - 6502] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6500. A minor is an individual who is under 18 years of age. The period of minority is calculated from the first minute of the day on which the individual is born to the same minute of the corresponding day completing the period of minority. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6501.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. AGE OF MAJORITY [6500 - 6502] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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An adult is a person who is 18 years of age or older.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. AGE OF MAJORITY [6500 - 6502] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6501. An adult is an individual who is 18 years of age or older. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6502.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. AGE OF MAJORITY [6500 - 6502] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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This section says certain age-related words in California instruments and communications are read as 21-and-over before March 4, 1972, and 18-and-over on or after that date. It also allows some existing documents to be amended to use the 18-year-old age of majority if specific conditions are met.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. AGE OF MAJORITY [6500 - 6502] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6502. (a) The use of or reference to the words “age of majority,” “age of minority,” “adult,” “minor,” or words of similar intent in any instrument, order, transfer, or governmental communication made in this state: (1) Before March 4, 1972, makes reference to individuals 21 years of age and older, or younger than 21 years of age. (2) On or after March 4, 1972, makes reference to individuals 18 years of age and older, or younger than 18 years of age. (b) Nothing in subdivision (a) or in Chapter 1748 of the Statutes of 1971 prevents amendment of any court order, will, trust, contract, transfer, or instrument to refer to the 18-year-old age of majority if the court order, will, trust, contract, transfer, or instrument satisfies all of the following conditions: (1) It was in existence on March 4, 1972. (2) It is subject to amendment by law, and amendment is allowable or not prohibited by its terms. (3) It is otherwise subject to the laws of this state. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6550.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1.5. CAREGIVERS [6550 - 6552] ( Part 1.5 added by Stats. 1994, Ch. 98, Sec. 4. )
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This section lets certain caregivers use an authorization affidavit to enroll a minor in school and consent to school-related medical care, and gives qualifying relative caregivers the same medical and dental authorization rights as guardians, subject to stated limits.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1.5. CAREGIVERS [6550 - 6552] ( Part 1.5 added by Stats. 1994, Ch. 98, Sec. 4. ) ## 6550. (a) A caregiver’s authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative may include mental health treatment subject to the limitations of Section 2356 of the Probate Code. (b) The decision of a caregiver to consent to or to refuse medical or dental care for a minor shall be superseded by any contravening decision of the parent or other person having legal custody of the minor, provided the decision of the parent or other person having legal custody of the minor does not jeopardize the life, health, or safety of the minor. (c) A person who acts in good faith reliance on a caregiver’s authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the affidavit are completed. This subdivision applies even if medical or dental care is provided to a minor in contravention of the wishes of the parent or other person having legal custody of the minor as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor. (d) A person who relies on the affidavit has no obligation to make any further inquiry or investigation. (e) Nothing in this section relieves any individual from liability for violations of other provisions of law. (f) If the minor stops living with the caregiver, the caregiver shall notify any school, health care provider, or health care service plan that has been given the affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver. (g) A caregiver’s authorization affidavit shall be invalid, unless it substantially contains, in not less than 10-point boldface type or a reasonable equivalent thereof, the warning statements specified in Section 6552. The warning statements shall be enclosed in a box with 3-point type rule lines. (h) For purposes of this part, the following terms have the following meanings: (1) “Person” includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity. (2) “Relative” means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including all stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution. (3) “School-related medical care” means medical care, including immunizations, physical examinations, and medical examinations conducted in schools for pupils, that is required by state or local governmental authority as a condition for school enrollment or participation in local educational agency-related extracurricular activities. (Amended by Stats. 2025, Ch. 664, Sec. 4. (AB 495) Effective January 1, 2026.)
6552.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1.5. CAREGIVERS [6550 - 6552] ( Part 1.5 added by Stats. 1994, Ch. 98, Sec. 4. )
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This section sets out a caregiver authorization affidavit form for a minor and explains what it can authorize, when it works, and what warnings and limits apply.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1.5. CAREGIVERS [6550 - 6552] ( Part 1.5 added by Stats. 1994, Ch. 98, Sec. 4. ) ## 6552. The caregiver’s authorization affidavit shall be in substantially the following form: Caregiver’s Authorization Affidavit Use of this affidavit is authorized by Part 1.5 (commencing with Section 6550) of Division 11 of the California Family Code. Instructions: Completion of items 1–4 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 5–8 is additionally required to authorize any other medical care. Print clearly. The minor named below lives in my home and I am 18 years of age or older. 1.Name of minor:. 2.Minor’s birth date:. 3.My name (adult giving authorization):. 4.My home address: . 5. I am a relative of the child (see back of this form for a definition of “relative”).6.Check one or both (for example, if one parent was advised and the other cannot be located): ◻I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection. ◻I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization. 7.My date of birth:. 8.My California driver’s license or identification card or government-issued consular card number:. Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both. Warning to Local Educational Agencies and Health Care Service Providers: A seal or signature from a court is not required. This form is not required to be notarized. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: Signed: Notices: 1.This declaration does not affect the rights of the minor’s parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor. 2.A person who relies on this affidavit has no obligation to make any further inquiry or investigation. Additional Information: TO CAREGIVERS: 1.“Relative,” for purposes of item 5, means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of these persons even if the marriage was terminated by death or dissolution. 2.The law may require you, if you are not a relative, or a currently licensed, certified, or approved foster parent, to obtain resource family approval pursuant to Section 1517 of the Health and Safety Code or Section 16519.5 of the Welfare and Institutions Code in order to care for a minor. If you have any questions, please contact your local department of social services. 3.If the minor stops living with you, the affidavit is no longer valid. You are required to notify any school, health care provider, or health care service plan to which you have given this affidavit that the minor is no longer living with you and that, as a result, the affidavit is no longer valid. 4.If you do not have the information requested in item 8 (California driver’s license or I.D., or government-issued consular card), provide another form of identification such as your social security number or Medi-Cal number. TO SCHOOL OFFICIALS: 1.Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver. 2.The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4. 3. A seal or signature of the court is not required. This form is not required to be notarized. TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS: 1.When signed by a relative, this affidavit shall confer the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by a relative caregiver may include mental health treatment subject to the limitations of Section 2356 of the Probate Code. 2.A health care service provider who acts in good faith reliance upon a caregiver’s authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the form are completed. A seal or signature of the court is not required. This form is not required to be notarized. 3.This affidavit does not confer dependency for health care coverage purposes. (Amended by Stats. 2025, Ch. 664, Sec. 5. (AB 495) Effective January 1, 2026.)
6600.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHTS AND LIABILITIES; CIVIL ACTIONS AND PROCEEDINGS [6600 - 6602] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor is civilly liable for a wrong done by the minor, but not for exemplary damages unless the minor could know the act was wrongful at the time.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHTS AND LIABILITIES; CIVIL ACTIONS AND PROCEEDINGS [6600 - 6602] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6600. A minor is civilly liable for a wrong done by the minor, but is not liable in exemplary damages unless at the time of the act the minor was capable of knowing that the act was wrongful. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6601.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHTS AND LIABILITIES; CIVIL ACTIONS AND PROCEEDINGS [6600 - 6602] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor may bring civil actions or other legal proceedings to enforce the minor’s rights, but a guardian must conduct the action or proceedings.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHTS AND LIABILITIES; CIVIL ACTIONS AND PROCEEDINGS [6600 - 6602] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6601. A minor may enforce the minor’s rights by civil action or other legal proceedings in the same manner as an adult, except that a guardian must conduct the action or proceedings. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6602.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHTS AND LIABILITIES; CIVIL ACTIONS AND PROCEEDINGS [6600 - 6602] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor’s litigation attorney-fee contract is void unless a court approves it.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHTS AND LIABILITIES; CIVIL ACTIONS AND PROCEEDINGS [6600 - 6602] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6602. A contract for attorney’s fees for services in litigation, made by or on behalf of a minor, is void unless the contract is approved, on petition by an interested person, by the court in which the litigation is pending or by the court having jurisdiction of the guardianship estate of the minor. If the contract is not approved and a judgment is recovered by or on behalf of the minor, the attorney’s fees chargeable against the minor shall be fixed by the court rendering the judgment. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6650.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2.5. ONLINE PLATFORMS [6650 - 6656] ( Part 2.5 added by Stats. 2024, Ch. 611, Sec. 1. )
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This section defines key terms used in the online platforms part of the Family Code.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2.5. ONLINE PLATFORMS [6650 - 6656] ( Part 2.5 added by Stats. 2024, Ch. 611, Sec. 1. ) ## 6650. For the purposes of this part, all of the following definitions apply: (a) “Age of majority” means 18 years of age or older. (b) “Content” has the same meaning as defined in subdivision (b) of Section 22675 of the Business and Professions Code. (c) “Family” means a group of persons related by blood or marriage, including civil partnerships, or whose close relationship with each other is considered equivalent to a family relationship by the individuals. (d) “Minor” means an individual who is under 18 years of age. (e) “Online platform” means any public-facing internet website, web application, or digital application, including a mobile application. “Online platform” includes a social media platform, as defined in Section 22675 of the Business and Professions Code, advertising network, mobile operating system, search engine, email service, or internet access service. (f) “Reporting period” means a given month for which a parent, legal guardian, or family must set aside compensation for a minor pursuant to subdivision (a) of Section 6651. (g) “Vlog” means content shared on an online platform in exchange for compensation. (h) “Vlogger” means a parent, legal guardian, or family residing in California that creates image or video content that is performed in California in exchange for compensation. “Vlogger” does not include any person under 18 years of age who produces their own content. (i) “Vlogging” means the act of sharing content on an online platform in exchange for compensation. (Added by Stats. 2024, Ch. 611, Sec. 1. (SB 764) Effective January 1, 2025.)
6651.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2.5. ONLINE PLATFORMS [6650 - 6656] ( Part 2.5 added by Stats. 2024, Ch. 611, Sec. 1. )
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A minor is considered engaged in vlogging for this section if the listed monthly content, view, and compensation thresholds are met.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2.5. ONLINE PLATFORMS [6650 - 6656] ( Part 2.5 added by Stats. 2024, Ch. 611, Sec. 1. ) ## 6651. A minor is considered engaged in the work of vlogging when the following are met at any time during a given month: (a) (1) At least 30 percent of the vlogger’s compensated video content or the vlogger’s compensated image content includes the likeness, name, or photograph of the minor. (2) The percentage pursuant to paragraph (1) is measured by the amount of time the likeness, name, or photograph of the minor visually appears or is the subject of an oral narrative in a video segment, as compared to the total length of the segment. (b) The number of views received per image or video segment on any online platform met the online platform’s threshold for compensation or the vlogger received actual compensation for image or video content equal to or greater than ten cents ($0.10) per view. (c) The vlogger received actual compensation for image or video content of at least one thousand two hundred fifty dollars ($1,250) in the month. (Added by Stats. 2024, Ch. 611, Sec. 1. (SB 764) Effective January 1, 2025.)
6652.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2.5. ONLINE PLATFORMS [6650 - 6656] ( Part 2.5 added by Stats. 2024, Ch. 611, Sec. 1. )
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Vloggers covered by this section must keep specified records about a minor featured in vlogging and provide them to the minor on request.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2.5. ONLINE PLATFORMS [6650 - 6656] ( Part 2.5 added by Stats. 2024, Ch. 611, Sec. 1. ) ## 6652. All vloggers whose content features a minor engaged in the work of vlogging, as described in subdivision (a) of Section 6651, shall maintain, and make available to the minor upon request, all of the following records: (a) Documentary proof of the minor’s age when they started vlogging, as described in subdivision (a) of Section 6651. (b) The number of vlogs that generated compensation, as described in Section 6651 during each reporting period. (c) The total number of minutes of the vlogs that the vlogger received compensation for during each reporting period. (d) The total number of minutes each minor was included in, as described in paragraph (1) of subdivision (a) of Section 6651, vlogs during each reporting period. (e) The total compensation generated from vlogs featuring the minor during the reporting period. (f) The amount deposited for the reporting period into the trust account for the benefit of the minor engaged in vlogging pursuant to Section 6653. This amount shall be calculated by multiplying the percentage of total minutes in subdivision (c) in which the minor is featured in subdivision (d) by the total compensation in subdivision (e) multiplied by .65. (Added by Stats. 2024, Ch. 611, Sec. 1. (SB 764) Effective January 1, 2025.)
6653.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2.5. ONLINE PLATFORMS [6650 - 6656] ( Part 2.5 added by Stats. 2024, Ch. 611, Sec. 1. )
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A vlogger must place qualifying minor-related earnings into a trust, set up the trust on time, keep depositing funds, and limit withdrawals until the minor reaches majority or is emancipated.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2.5. ONLINE PLATFORMS [6650 - 6656] ( Part 2.5 added by Stats. 2024, Ch. 611, Sec. 1. ) ## 6653. (a) A minor satisfying the requirements of subdivision (a) of Section 6651 shall be compensated by the vlogger, pursuant to the terms of this section. The vlogger shall set aside gross earnings on the image or video content meeting the requirements of Section 6651 in a trust account to be preserved for the benefit of the minor upon reaching the age of majority according to the following distribution: (1) When only one minor meets the content threshold described in Section 6651, the minor shall receive a percentage of total gross earnings on any image or video segment, meeting the requirements of Section 6651, that is in proportion to the minor’s appearances in vlogging content during an applicable reporting period. (2) When more than one minor meets the content threshold described in Section 6651 and an image or video segment includes more than one of those minors, the percentage described in paragraph (1) for all minors in any segment shall be equally divided between the minors, regardless of the differences in percentage of content provided by the individual minors. Each minor shall have their own trust account. (b) (1) The vlogger shall establish the trust within 60 business days after the minor first meets the criteria in subdivision (a) of Section 6651. The vlogger shall establish a trust for each qualifying minor. (2) The vlogger shall establish the trust in California either with a financial institution that is and remains insured at all times by the Federal Deposit Insurance Corporation, the Securities Investor Protection Corporation, or the National Credit Union Share Insurance Fund or their respective successors, or with a company that is and remains registered under the Investment Company Act of 1940. The trustee or trustees of the trust shall be the only individual, individuals, entity, or entities with the obligation or duty to ensure that the funds remain in trust, in an account or other savings plan insured in accordance with this section, or with a company that is and remains registered under the Investment Company Act of 1940 as authorized by this section. (3) The vlogger shall, within 10 business days of establishing the trust, prepare a written statement, under penalty of perjury, that shall include the name, address, and telephone number of the financial institution, the name of the account, the number of the account, the name of the minor beneficiary, the name of the trustee or trustees of the account, and any additional information needed by the vlogger to deposit into the account the portion of the minor’s gross earnings prescribed by subdivision (a). The trustee or trustees shall attach to the written statement a true and accurate photocopy of any information received from the financial institution confirming the creation of the account, such as an account agreement, account terms, passbook, or other similar writings. (4) The funds in the account shall be available only to the beneficiary of the trust. The vlogger shall deposit the funds into the account no less than once every three months. (5) Except as otherwise provided in this section, prior to the date on which the beneficiary of the trust attains the age of majority or the issuance of a declaration of emancipation of the minor pursuant to Section 7122, a withdrawal by the beneficiary or any other individual, individuals, entity, or entities shall not be made for the funds deposited in trust. Upon reaching the age of majority, the beneficiary may withdraw the funds on deposit in the trust only after providing a certified copy of the beneficiary’s birth certificate to the financial institution where the trust is located. (c) Upon application by the trustee or trustees, the trust funds shall be handled by the financial institution or company in which the trust is held in one or more of the following methods: (1) The financial institution or company may transfer funds to another account or other savings plan at the same financial institution or company, provided that the funds transferred shall continue to be held in trust, and subject to this part. (2) The financial institution or company may transfer funds to another financial institution or company, provided that the funds transferred shall continue to be held in trust, and subject to this part and that the transferring financial institution or company has provided written notice to the financial institution or company to which the funds will be transferred that the funds are subject to this section and written notice of the requirements of this part. (3) The financial institution or company may use all or a part of the funds to purchase, in the name of and for the benefit of the minor, either of the following: (A) Investment funds offered by a company registered under the Investment Company Act of 1940, provided that if the underlying investments are equity securities, the investment fund is a broad-based index fund or invests broadly across the domestic or a foreign regional economy, is not a sector fund, and has assets under management of at least two hundred fifty million dollars ($250,000,000). (B) Government securities and bonds, certificates of deposit, money market instruments, money market accounts, or mutual funds investing solely in those government securities and bonds, certificates, instruments, and accounts that are available at the financial institution where the trust fund or other savings plan is held, provided that the funds shall continue to be held in trust and subject to this part, those purchases shall have a maturity date on or before the date upon which the minor will attain the age of majority, and any proceeds accruing from those purchases shall be redeposited into that account or accounts or used to further purchase any of those or similar securities, bonds, certificates, instruments, funds, or accounts. (Added by Stats. 2024, Ch. 611, Sec. 1. (SB 764) Effective January 1, 2025.)
6654.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2.5. ONLINE PLATFORMS [6650 - 6656] ( Part 2.5 added by Stats. 2024, Ch. 611, Sec. 1. )
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If a vlogger knowingly violates this part, or should have known they were violating it, an eligible minor may sue to enforce the part, and a court may award damages if the minor wins.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2.5. ONLINE PLATFORMS [6650 - 6656] ( Part 2.5 added by Stats. 2024, Ch. 611, Sec. 1. ) ## 6654. If a vlogger knowingly violates this part or should have known they were in violation of this part, a minor satisfying the criteria described in subdivision (a) of Section 6651 may commence an action to enforce the provisions of this part. The court may award, to a minor who prevails in any action brought in accordance with this part, any of the following damages: (a) Actual damages. (b) Punitive damages. (c) Cost of the action, including attorney’s fees and litigation costs. (Added by Stats. 2024, Ch. 611, Sec. 1. (SB 764) Effective January 1, 2025.)
6655.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2.5. ONLINE PLATFORMS [6650 - 6656] ( Part 2.5 added by Stats. 2024, Ch. 611, Sec. 1. )
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This section says Part 2.5 does not affect other state-law rights or remedies, and it has no effect on a minor who produces their own content.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2.5. ONLINE PLATFORMS [6650 - 6656] ( Part 2.5 added by Stats. 2024, Ch. 611, Sec. 1. ) ## 6655. (a) This part does not affect a right or remedy available under any other law of the state. (b) This part does not have any effect on a minor who produces their own content. (Added by Stats. 2024, Ch. 611, Sec. 1. (SB 764) Effective January 1, 2025.)
6656.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2.5. ONLINE PLATFORMS [6650 - 6656] ( Part 2.5 added by Stats. 2024, Ch. 611, Sec. 1. )
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This part does not apply to a minor’s vlogging-services contract with a parent or guardian unless a court approves it.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2.5. ONLINE PLATFORMS [6650 - 6656] ( Part 2.5 added by Stats. 2024, Ch. 611, Sec. 1. ) ## 6656. This part shall not apply to a contract for vlogging services between a minor and their parent or guardian only if a court approves the contract pursuant to subdivision (a) of Section 6751. In determining whether to approve such a contract, the court shall consider whether the terms of the contract are at least as beneficial to the minor as the compensation the minor would otherwise receive under this part. (Added by Stats. 2024, Ch. 611, Sec. 1. (SB 764) Effective January 1, 2025.)
67.
## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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For this code, “County” includes a city and county.

## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 67. “County” includes city and county. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6700.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Capacity to Contract [6700 - 6701] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor may make a contract like an adult, except as provided in Section 6701 and subject to disaffirmance and marriage-related rules.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Capacity to Contract [6700 - 6701] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6700. Except as provided in Section 6701, a minor may make a contract in the same manner as an adult, subject to the power of disaffirmance under Chapter 2 (commencing with Section 6710), and subject to Part 1 (commencing with Section 300) of Division 3 (validity of marriage). (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6701.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Capacity to Contract [6700 - 6701] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor is prohibited from giving a delegation of power or making contracts involving real property or personal property not in the minor’s immediate possession or control.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Capacity to Contract [6700 - 6701] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6701. A minor cannot do any of the following: (a) Give a delegation of power. (b) Make a contract relating to real property or any interest therein. (c) Make a contract relating to any personal property not in the immediate possession or control of the minor. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6710.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Disaffirmance of Contracts [6710 - 6713] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor may disaffirm a contract before reaching majority or within a reasonable time after, unless another statute provides otherwise.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Disaffirmance of Contracts [6710 - 6713] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6710. Except as otherwise provided by statute, a contract of a minor may be disaffirmed by the minor before majority or within a reasonable time afterwards or, in case of the minor’s death within that period, by the minor’s heirs or personal representative. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6711.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Disaffirmance of Contracts [6710 - 6713] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor cannot disaffirm an otherwise valid obligation if it was entered into under the express authority or direction of a statute.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Disaffirmance of Contracts [6710 - 6713] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6711. A minor cannot disaffirm an obligation, otherwise valid, entered into by the minor under the express authority or direction of a statute. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6712.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Disaffirmance of Contracts [6710 - 6713] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A person who entered a contract while a minor generally may not disaffirm it on the ground of minority if the contract is for the reasonable value of necessities for the minor or the minor’s family and those things were actually furnished while the minor was not under a parent’s or guardian’s care.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Disaffirmance of Contracts [6710 - 6713] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6712. A contract, otherwise valid, entered into during minority, may not be disaffirmed on that ground either during the actual minority of the person entering into the contract, or at any time thereafter, if all of the following requirements are satisfied: (a) The contract is to pay the reasonable value of things necessary for the support of the minor or the minor’s family. (b) These things have been actually furnished to the minor or to the minor’s family. (c) The contract is entered into by the minor when not under the care of a parent or guardian able to provide for the minor or the minor’s family. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6713.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Disaffirmance of Contracts [6710 - 6713] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor cannot recover goods from an innocent purchaser if the goods were sold by the minor, transferred before disaffirmance, and bought in good faith for value without notice of defective title.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Disaffirmance of Contracts [6710 - 6713] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6713. If, before the contract of a minor is disaffirmed, goods the minor has sold are transferred to another purchaser who bought them in good faith for value and without notice of the transferor’s defect of title, the minor cannot recover the goods from an innocent purchaser. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6750.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Contracts in Art, Entertainment, and Professional Sports [6750 - 6753] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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This section says which contracts involving unemancipated minors are covered, how the minor’s employer is identified in different contracting setups, and how “gross earnings” are calculated.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Contracts in Art, Entertainment, and Professional Sports [6750 - 6753] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6750. (a) This chapter applies to the following types of contracts entered into between an unemancipated minor and a third party on or after January 1, 2000: (1) A contract pursuant to which a minor is employed or agrees to render artistic or creative services, either directly or through a third party, including, but not limited to, a personal services corporation (loan-out company), or through a casting agency. “Artistic or creative services” includes, but is not limited to, services as an actor, actress, dancer, musician, comedian, singer, stuntperson, voice-over artist, content creator, or other performer or entertainer, or as a songwriter, musical producer or arranger, writer, director, producer, production executive, choreographer, composer, conductor, or designer. (2) A contract pursuant to which a minor agrees to purchase, or otherwise secure, sell, lease, license, or otherwise dispose of literary, musical, or dramatic properties, or use of a person’s likeness, voice recording, performance, or story of or incidents in the person’s life, either tangible or intangible, or any rights therein for use in motion pictures, television, the production of sound recordings in any format now known or hereafter devised, the legitimate or living stage, or otherwise in the entertainment field. (3) A contract pursuant to which a minor is employed or agrees to render services as a participant or player in a sport. (b) (1) If a minor is employed or agrees to render services directly for a person or entity, that person or entity shall be considered the minor’s employer for purposes of this chapter. (2) If a minor’s services are being rendered through a third-party individual or personal services corporation (loan-out company), the person to whom or entity to which that third party is providing the minor’s services shall be considered the minor’s employer for purposes of this chapter. (3) If a minor renders services as an extra, background performer, or in a similar capacity through an agency or service that provides one or more of those performers for a fee (casting agency), the agency or service shall be considered the minor’s employer for the purposes of this chapter. (c) For purposes of this chapter, the following definitions apply: (1) “Content creator” means an individual who creates, posts, shares, or otherwise interacts with digital content on an online platform and engages in a direct contractual relationship with third parties. Content creators include, but are not limited to, vloggers, podcasters, social media influencers, and streamers. (2) “Online platform” means any public-facing internet website, web application, or digital application, including, but not limited to, social media platforms as defined in Section 22675 of the Business and Professions Code, advertising networks, mobile applications, mobile operating systems, search engines, email services, and internet access services. (d) (1) For purposes of this chapter, the minor’s “gross earnings” means the total compensation payable to the minor under the contract or, if the minor’s services are being rendered through a third-party individual or personal services corporation (loan-out company), the total compensation payable to that third party for the services of the minor. (2) Notwithstanding paragraph (1), with respect to contracts pursuant to which a minor is employed or agrees to render services as a musician, singer, songwriter, musical producer, or arranger only, for purposes of this chapter, the minor’s “gross earnings” means the total amount paid to the minor pursuant to the contract, including the payment of any advances to the minor pursuant to the contract, but excluding deductions to offset those advances or other expenses incurred by the employer pursuant to the contract, or, if the minor’s services are being rendered through a third-party individual or personal services corporation (loan-out company), the total amount payable to that third party for the services of the minor. (Amended by Stats. 2024, Ch. 610, Sec. 1. (AB 1880) Effective January 1, 2025.)
6751.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Contracts in Art, Entertainment, and Professional Sports [6750 - 6753] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A qualifying minor’s contract cannot be disaffirmed if the superior court has approved it.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Contracts in Art, Entertainment, and Professional Sports [6750 - 6753] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6751. (a) A contract, otherwise valid, of a type described in Section 6750, entered into during minority, cannot be disaffirmed on that ground either during the minority of the person entering into the contract, or at any time thereafter, if the contract has been approved by the superior court in any county in which the minor resides or is employed or in which any party to the contract has its principal office in this state for the transaction of business. (b) Approval of the court may be given on petition of any party to the contract, after such reasonable notice to all other parties to the contract as is fixed by the court, with opportunity to such other parties to appear and be heard. (c) Approval of the court given under this section extends to the whole of the contract and all of its terms and provisions, including, but not limited to, any optional or conditional provisions contained in the contract for extension, prolongation, or termination of the term of the contract. (d) For the purposes of any proceeding under this chapter, a parent or legal guardian, as the case may be, entitled to the physical custody, care, and control of the minor at the time of the proceeding shall be considered the minor’s guardian ad litem for the proceeding, unless the court shall determine that appointment of a different individual as guardian ad litem is required in the best interests of the minor. (Amended by Stats. 1999, Ch. 940, Sec. 3. Effective January 1, 2000.)
6752.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Contracts in Art, Entertainment, and Professional Sports [6750 - 6753] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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Section 6752 requires certain adults and employers handling a minor’s contract earnings to provide documents, set aside 15% of gross earnings in trust, and follow notice, deposit, accounting, and transfer rules.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Contracts in Art, Entertainment, and Professional Sports [6750 - 6753] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6752. (a) A parent or guardian entitled to the physical custody, care, and control of a minor who enters into a contract of a type described in Section 6750 shall provide a certified copy of the minor’s birth certificate indicating the minor’s minority to the other party or parties to the contract and in addition, in the case of a guardian, a certified copy of the court document appointing the person as the minor’s legal guardian. (b) (1) Notwithstanding any other statute, in an order approving a minor’s contract of a type described in Section 6750, the court shall require that 15 percent of the minor’s gross earnings pursuant to the contract be set aside by the minor’s employer, except an employer of a minor for services as an extra, background performer, or in a similar capacity, as described in paragraph (3) of subdivision (b) of Section 6750. These amounts shall be held in trust, in an account or other savings plan, and preserved for the benefit of the minor in accordance with Section 6753. (2) The court shall require that at least one parent or legal guardian, as the case may be, entitled to the physical custody, care, and control of the minor at the time the order is issued be appointed as trustee of the funds ordered to be set aside in trust for the benefit of the minor, unless the court shall determine that appointment of a different individual, individuals, entity, or entities as trustee or trustees is required in the best interest of the minor. (3) Within 10 business days after commencement of employment, the trustee or trustees of the funds ordered to be set aside in trust shall provide the minor’s employer with a true and accurate photocopy of the trustee’s statement pursuant to Section 6753. Upon presentation of the trustee’s statement offered pursuant to this subdivision, the employer shall provide the parent or guardian with a written acknowledgment of receipt of the statement. (4) The minor’s employer shall deposit or disburse the 15 percent of the minor’s gross earnings pursuant to the contract within 15 business days after receiving a true and accurate copy of the trustee’s statement pursuant to subdivision (c) of Section 6753, a certified copy of the minor’s birth certificate, and, in the case of a guardian, a certified copy of the court document appointing the person as the minor’s guardian. Notwithstanding any other law, pending receipt of these documents, the minor’s employer shall hold, for the benefit of the minor, the 15 percent of the minor’s gross earnings pursuant to the contract. This paragraph does not apply to an employer of a minor for services as an extra, background performer, or in a similar capacity, as described in paragraph (3) of subdivision (b) of Section 6750. (5) When making the initial deposit of funds, the minor’s employer shall provide written notification to the financial institution or company that the funds are subject to Section 6753. Upon receipt of the court order, the minor’s employer shall provide the financial institution with a copy of the order. (6) Once the minor’s employer deposits the set-aside funds pursuant to Section 6753, in trust, in an account or other savings plan, the minor’s employer shall have no further obligation or duty to monitor or account for the funds. The trustee or trustees of the trust shall be the only individual, individuals, entity, or entities with the obligation or duty to monitor and account for those funds once they have been deposited by the minor’s employer. The trustee or trustees shall do an annual accounting of the funds held in trust, in an account or other savings plan, in accordance with Sections 16062 and 16063 of the Probate Code. (7) The court shall have continuing jurisdiction over the trust established pursuant to the order and may at any time, upon petition of the parent or legal guardian, the minor, through the minor’s guardian ad litem, or the trustee or trustees, on good cause shown, order that the trust be amended or terminated, notwithstanding the provisions of the declaration of trust. An order amending or terminating a trust may be made only after reasonable notice to the beneficiary and, if the beneficiary is then a minor, to the parent or guardian, if any, and to the trustee or trustees of the funds with opportunity for all parties to appear and be heard. (8) A parent or guardian entitled to the physical custody, care, and control of the minor shall promptly notify the minor’s employer, in writing, of any change in facts that affect the employer’s obligation or ability to set aside the funds in accordance with the order, including, but not limited to, a change of financial institution or account number, or the existence of a new or amended order issued pursuant to paragraph (7) amending or terminating the employer’s obligations under this section. The written notification shall be accompanied by a true and accurate photocopy of the trustee’s statement pursuant to Section 6753 and, if applicable, a true and accurate photocopy of the new or amended order. (9) (A) If a parent, guardian, or trustee fails to provide the minor’s employer with a true and accurate photocopy of the trustee’s statement pursuant to Section 6753 within 180 days after the commencement of employment, the employer shall forward to The Actors’ Fund of America 15 percent of the minor’s gross earnings pursuant to the contract, together with the minor’s name and, if known, the minor’s social security number, birth date, last known address, telephone number, email address, dates of employment, and title of the project on which the minor was employed, and shall notify the parent, guardian, or trustee of that transfer by certified mail to the last known address. Upon receipt of those forwarded funds, The Actors’ Fund of America shall become the trustee of those funds and the minor’s employer shall have no further obligation or duty to monitor or account for the funds. (B) The Actors’ Fund of America shall make its best efforts to notify the parent, guardian, or trustee of their responsibilities to provide a true and accurate photocopy of the trustee’s statement pursuant to Section 6753, and in the case of a guardian, a certified copy of the court document appointing the person as the minor’s legal guardian. Within 15 business days after receiving those documents, The Actors’ Fund of America shall deposit or disburse the funds as directed by the trustee’s statement. When making that deposit or disbursal of the funds, The Actors’ Fund of America shall provide to the financial institution notice that the funds are subject to Section 6753 and a copy of each applicable order, and shall thereafter have no further obligation or duty to monitor or account for the funds. (C) The Actors’ Fund of America shall notify each beneficiary of their entitlement to the funds that it holds for the beneficiary within 60 days after the date on which its records indicated that the beneficiary has attained 18 years of age or the date on which it received notice that the minor has been emancipated, by sending that notice to the last known address for the beneficiary or, if it has no specific separate address for the beneficiary, to the beneficiary’s parent or guardian. (c) (1) Notwithstanding any other statute, for any minor’s contract of a type described in Section 6750 that is not being submitted for approval by the court pursuant to Section 6751, or for which the court has issued a final order denying approval, 15 percent of the minor’s gross earnings pursuant to the contract shall be set aside by the minor’s employer, except an employer of a minor for services as an extra, background performer, or in a similar capacity, as described in paragraph (3) of subdivision (b) of Section 6750. These amounts shall be held in trust, in an account or other savings plan, and preserved for the benefit of the minor in accordance with Section 6753. At least one parent or legal guardian, as the case may be, entitled to the physical custody, care, and control of the minor, shall be the trustee of the funds set aside for the benefit of the minor, unless the court, upon petition by the parent or legal guardian, the minor, through the minor’s guardian ad litem, or the trustee or trustees of the trust, shall determine that appointment of a different individual, individuals, entity, or entities as trustee or trustees is required in the best interest of the minor. (2) Within 10 business days of commencement after employment, a parent or guardian, as the case may be, entitled to the physical custody, care, and control of the minor shall provide the minor’s employer with a true and accurate photocopy of the trustee’s statement pursuant to Section 6753 and in addition, in the case of a guardian, a certified copy of the court document appointing the person as the minor’s legal guardian. Upon presentation of the trustee’s statement offered pursuant to this subdivision, the employer shall provide the parent or guardian with a written acknowledgment of receipt of the statement. (3) The minor’s employer shall deposit 15 percent of the minor’s gross earnings pursuant to the contract within 15 business days of receiving the trustee’s statement pursuant to Section 6753, or if the court denies approval of the contract, within 15 business days of receiving a final order denying approval of the contract. Notwithstanding any other statute, pending receipt of the trustee’s statement or the final court order, the minor’s employer shall hold for the benefit of the minor the 15 percent of the minor’s gross earnings pursuant to the contract. When making the initial deposit of funds, the minor’s employer shall provide written notification to the financial institution or company that the funds are subject to Section 6753. This paragraph does not apply to an employer of a minor for services as an extra, background performer, or in a similar capacity, as described in paragraph (3) of subdivision (b) of Section 6750. (4) Once the minor’s employer deposits the set-aside funds in trust, in an account or other savings plan pursuant to Section 6753, the minor’s employer shall have no further obligation or duty to monitor or account for the funds. The trustee or trustees of the trust shall be the only individual, individuals, entity, or entities with the obligation or duty to monitor and account for those funds once they have been deposited by the minor’s employer. The trustee or trustees shall do an annual accounting of the funds held in trust, in an account or other savings plan, in accordance with Sections 16062 and 16063 of the Probate Code. (5) Upon petition of the parent or legal guardian, the minor, through the minor’s guardian ad litem, or the trustee or trustees of the trust, to the superior court in a county in which the minor resides or in which the trust is established, the court may at any time, on good cause shown, order that the trust be amended or terminated, notwithstanding the provisions of the declaration of trust. An order amending or terminating a trust may be made only after reasonable notice to the beneficiary and, if the beneficiary is then a minor, to the parent or guardian, if any, and to the trustee or trustees of the funds with opportunity for all parties to appear and be heard. (6) A parent or guardian entitled to the physical custody, care, and control of the minor shall promptly notify the minor’s employer in writing of any change in facts that affect the employer’s obligation or ability to set aside funds for the benefit of the minor in accordance with this section, including, but not limited to, a change of financial institution or account number, or the existence of a new or amended order issued pursuant to paragraph (5) amending or terminating the employer’s obligations under this section. The written notification shall be accompanied by a true and accurate photocopy of the trustee’s statement and attachments pursuant to Section 6753 and, if applicable, a true and accurate photocopy of the new or amended order. (7) (A) If a parent, guardian, or trustee fails to provide the minor’s employer with a true and accurate photocopy of the trustee’s statement pursuant to Section 6753, within 180 days after commencement of employment, the employer shall forward to The Actors’ Fund of America the 15 percent of the minor’s gross earnings pursuant to the contract, together with the minor’s name and, if known, the minor’s social security number, birth date, last known address, telephone number, email address, dates of employment, and the title of the project on which the minor was employed, and shall notify the parent, guardian, or trustee of that transfer by certified mail to the last known address. Upon receipt of those forwarded funds, The Actors’ Fund of America shall become the trustee of those funds and the minor’s employer shall have no further obligation or duty to monitor or account for the funds. (B) The Actors’ Fund of America shall make best efforts to notify the parent, guardian, or trustee of their responsibilities to provide a true and accurate photocopy of the trustee’s statement pursuant to Section 6753 and in the case of a guardian, a certified copy of the court document appointing the person as the minor’s legal guardian. After receiving those documents, The Actors’ Fund of America shall deposit or disburse the funds as directed by the trustee’s statement, and in accordance with Section 6753, within 15 business days. When making that deposit or disbursal of the funds, The Actors’ Fund of America shall provide notice to the financial institution that the funds are subject to Section 6753, and shall thereafter have no further obligation or duty to monitor or account for the funds. (C) The Actors’ Fund of America shall notify each beneficiary of their entitlement to the funds that it holds for the beneficiary, within 60 days after the date on which its records indicate that the beneficiary has attained 18 years of age or the date on which it received notice that the minor has been emancipated, by sending that notice to the last known address that it has for the beneficiary, or to the beneficiary’s parent or guardian, where it has no specific separate address for the beneficiary. (d) Where a parent or guardian is entitled to the physical custody, care, and control of a minor who enters into a contract of a type described in Section 6750, the relationship between the parent or guardian and the minor is a fiduciary relationship that is governed by the law of trusts, whether or not a court has issued a formal order to that effect. The parent or guardian acting in a fiduciary relationship, shall, with the earnings and accumulations of the minor under the contract, pay all liabilities incurred by the minor under the contract, including, but not limited to, payments for taxes on all earnings, including taxes on the amounts set aside under subdivisions (b) and (c) of this section, and payments for personal or professional services rendered to the minor or the business related to the contract. This subdivision does not alter any other existing responsibilities of a parent or legal guardian to provide for the support of a minor child. (e) (1) Except as otherwise provided in this subdivision, The Actors’ Fund of America, as trustee of unclaimed set-aside funds, shall manage and administer those funds in the same manner as a trustee under the Probate Code. Notwithstanding the foregoing, The Actors’ Fund of America is not required to open separate, segregated individual trust accounts for each beneficiary but may hold the set-aside funds in a single, segregated master account for all beneficiaries, provided it maintains accounting records for each beneficiary’s interest in the master account. (2) The Actors’ Fund of America shall have the right to transfer funds from the master account, or from a beneficiary’s segregated account to its general account in an amount equal to the beneficiary’s balance. The Actors’ Fund of America shall have the right to use those funds transferred to its general account to provide programs and services for young performers. This use of the funds does not limit or alter The Actors’ Fund of America’s obligation to disburse the set-aside funds to the beneficiary, or the beneficiary’s parent, guardian, trustee, or estate pursuant to this chapter. (3) (A) Upon receiving a certified copy of the beneficiary’s birth certificate, or United States passport, and a true and accurate photocopy of the trustee’s statement pursuant to Section 6753, The Actors’ Fund of America shall transfer the beneficiary’s balance to the trust account established for the beneficiary. (B) The Actors’ Fund of America shall disburse the set-aside funds to a beneficiary who has attained 18 years of age, after receiving proof of the beneficiary’s identity and a certified copy of the beneficiary’s birth certificate or United States passport, or to a beneficiary who has been emancipated, after receiving proof of the beneficiary’s identity and appropriate documentation evidencing the beneficiary’s emancipation. (C) The Actors’ Fund of America shall disburse the set-aside funds to the estate of a deceased beneficiary after receiving appropriate documentation evidencing the death of the beneficiary and the claimant’s authority to collect those funds on behalf of the beneficiary. (f) (1) The beneficiary of an account held by The Actors’ Fund of America pursuant to this section shall be entitled to receive imputed interest on the balance in the account for the entire period during which the account is held at a rate equal to the lesser of the federal reserve rate in effect on the last business day of the prior calendar quarter or the national average money market rate as published in the New York Times on the last Sunday of the prior calendar quarter, adjusted quarterly. (2) The Actors’ Fund of America may assess and deduct from the balance in the beneficiary’s account reasonable management, administrative, and investment expenses, including beneficiary-specific fees for initial setup, account notifications and account disbursements, and a reasonably allocable share of management, administrative, and investment expenses of the master account. Fees may not be charged to a beneficiary’s account during the first year that the account is held by The Actors’ Fund of America. (3) Notwithstanding paragraph (2), the amount paid on any claim made by a beneficiary or the beneficiary’s parent or guardian after The Actors’ Fund of America receives and holds funds pursuant to this section may not be less than the amount of the funds received plus the imputed interest. (g) Notwithstanding any provision of this chapter to the contrary, a minor’s employer holding set-aside funds under this chapter, which funds remain unclaimed 180 days after the effective date hereof, shall forward those unclaimed funds to The Actors’ Fund of America, along with the minor’s name and, if known, the minor’s social security number, birth date, last known address, telephone number, email address, dates of employment, and the title of the project on which the minor was employed, and shall notify the parent, guardian, or trustee of that transfer by certified mail to the last known address. Upon receipt of those forwarded funds by The Actors’ Fund of America, the minor’s employer shall have no further obligation or duty to monitor or account for the funds. (h) All funds received by The Actors’ Fund of America pursuant to this section shall be exempt from the application of the Unclaimed Property Law (Title 10 (commencing with Section 1300) of Part 3 of the Code of Civil Procedure), including, but not limited to, Section 1510 of the Code of Civil Procedure. (Amended by Stats. 2019, Ch. 115, Sec. 75. (AB 1817) Effective January 1, 2020.)
6753.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Contracts in Art, Entertainment, and Professional Sports [6750 - 6753] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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Trustees must set up and maintain a Coogan Trust Account for a minor’s earnings, and withdrawals are generally blocked until age 18 or emancipation unless a court orders otherwise.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. CONTRACTS [6700 - 6753] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Contracts in Art, Entertainment, and Professional Sports [6750 - 6753] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6753. (a) The trustee or trustees shall establish a trust account, that shall be known as a Coogan Trust Account, pursuant to this section at a bank, savings and loan institution, credit union, brokerage firm, or company registered under the Investment Company Act of 1940, that is located in the State of California, unless a similar trust has been previously established, for the purpose of preserving for the benefit of the minor the portion of the minor’s gross earnings pursuant to paragraph (1) of subdivision (b) of Section 6752 or pursuant to paragraph (1) of subdivision (c) of Section 6752. The trustee or trustees shall establish the trust pursuant to this section within seven business days after the minor’s contract is signed by the minor, the third-party individual or personal services corporation (loan-out company), and the employer. (b) Except as otherwise provided in this section, prior to the date on which the beneficiary of the trust attains the age of 18 years or the issuance of a declaration of emancipation of the minor under Section 7122, no withdrawal by the beneficiary or any other individual, individuals, entity, or entities may be made of funds on deposit in trust without written order of the superior court pursuant to paragraph (7) of subdivision (b) or paragraph (5) of subdivision (c) of Section 6752. Upon reaching the age of 18 years, the beneficiary may withdraw the funds on deposit in trust only after providing a certified copy of the beneficiary’s birth certificate to the financial institution where the trust is located. (c) The trustee or trustees shall, within 10 business days after the minor’s contract is signed by the minor, the third-party individual or personal services corporation (loan-out company), and the employer, prepare a written statement under penalty of perjury that shall include the name, address, and telephone number of the financial institution, the name of the account, the number of the account, the name of the minor beneficiary, the name of the trustee or trustees of the account, and any additional information needed by the minor’s employer to deposit into the account the portion of the minor’s gross earnings prescribed by paragraph (1) of subdivision (b) or paragraph (1) of subdivision (c) of Section 6752. The trustee or trustees shall attach to the written statement a true and accurate photocopy of any information received from the financial institution confirming the creation of the account, such as an account agreement, account terms, passbook, or other similar writings. (d) The trust shall be established in California either with a financial institution that is and remains insured at all times by the Federal Deposit Insurance Corporation (FDIC), the Securities Investor Protection Corporation (SIPC), or the National Credit Union Share Insurance Fund (NCUSIF) or their respective successors, or with a company that is and remains registered under the Investment Company Act of 1940. The trustee or trustees of the trust shall be the only individual, individuals, entity, or entities with the obligation or duty to ensure that the funds remain in trust, in an account or other savings plan insured in accordance with this section, or with a company that is and remains registered under the Investment Company Act of 1940 as authorized by this section. (e) Upon application by the trustee or trustees to the financial institution or company in which the trust is held, the trust funds shall be handled by the financial institution or company in one or more of the following methods: (1) The financial institution or company may transfer funds to another account or other savings plan at the same financial institution or company, provided that the funds transferred shall continue to be held in trust, and subject to this chapter. (2) The financial institution or company may transfer funds to another financial institution or company, provided that the funds transferred shall continue to be held in trust, and subject to this chapter and that the transferring financial institution or company has provided written notification to the financial institution or company to which the funds will be transferred that the funds are subject to this section and written notice of the requirements of this chapter. (3) The financial institution or company may use all or a part of the funds to purchase, in the name of and for the benefit of the minor, (A) investment funds offered by a company registered under the Investment Company Act of 1940, provided that if the underlying investments are equity securities, the investment fund is a broad-based index fund or invests broadly across the domestic or a foreign regional economy, is not a sector fund, and has assets under management of at least two hundred fifty million dollars ($250,000,000); or (B) government securities and bonds, certificates of deposit, money market instruments, money market accounts, or mutual funds investing solely in those government securities and bonds, certificates, instruments, and accounts, that are available at the financial institution where the trust fund or other savings plan is held, provided that the funds shall continue to be held in trust and subject to this chapter, those purchases shall have a maturity date on or before the date upon which the minor will attain the age of 18 years, and any proceeds accruing from those purchases shall be redeposited into that account or accounts or used to further purchase any of those or similar securities, bonds, certificates, instruments, funds, or accounts. (Amended by Stats. 2003, Ch. 667, Sec. 3. Effective January 1, 2004.)
6900.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [6900 - 6904] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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The definitions in this chapter govern how this part is interpreted, unless the provision or context requires otherwise.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [6900 - 6904] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6900. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6901.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [6900 - 6904] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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This section defines “dental care.”

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [6900 - 6904] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6901. “Dental care” means X-ray examination, anesthetic, dental or surgical diagnosis or treatment, and hospital care by a dentist licensed under the Dental Practice Act. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6902.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [6900 - 6904] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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This section defines “medical care.”

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [6900 - 6904] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6902. “Medical care” means X-ray examination, anesthetic, medical or surgical diagnosis or treatment, and hospital care under the general or special supervision and upon the advice of or to be rendered by a physician and surgeon licensed under the Medical Practice Act. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6903.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [6900 - 6904] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
Verify source ↗

This section defines “parent or guardian” for this chapter.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [6900 - 6904] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6903. “Parent or guardian” means either parent if both parents have legal custody, or the parent or person having legal custody, or the guardian, of a minor. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6904.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [6900 - 6904] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
Verify source ↗

This section defines “vision care.”

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [6900 - 6904] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6904. “Vision care” means the diagnosis, prevention, treatment, and management of disorders, diseases, and dysfunctions of the visual system and the provision of habilitative or rehabilitative optometric services by an optometrist licensed pursuant to Article 1 (commencing with Section 3000) of Chapter 7 of Division 2 of the Business and Professions Code. (Added by Stats. 2023, Ch. 152, Sec. 1. (SB 457) Effective January 1, 2024.)
6920.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
Verify source ↗

A minor may consent to the matters covered by this chapter, and parent or guardian consent is not required.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6920. Subject to the limitations provided in this chapter, notwithstanding any other provision of law, a minor may consent to the matters provided in this chapter, and the consent of the minor’s parent or guardian is not necessary. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6921.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
Verify source ↗

A minor’s consent under this chapter cannot be disaffirmed just because the person is a minor.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6921. A consent given by a minor under this chapter is not subject to disaffirmance because of minority. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6922.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
Verify source ↗

A minor 15 or older may consent to medical, vision, or dental care if the minor lives apart from parents or guardian and manages their own finances.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6922. (a) A minor may consent to the minor’s medical care, vision care, or dental care if all of the following conditions are satisfied: (1) The minor is 15 years of age or older. (2) The minor is living separate and apart from the minor’s parents or guardian, whether with or without the parent’s or guardian’s consent and regardless of the duration of the separate residence. (3) The minor is managing the minor’s own financial affairs, regardless of the source of the minor’s income. (b) The parents or guardian are not liable for medical care, vision care, or dental care provided pursuant to this section. (c) A physician and surgeon, optometrist, or dentist may, with or without the consent of the minor patient, advise the minor’s parent or guardian of the treatment given or needed if the physician and surgeon, optometrist, or dentist has reason to know, on the basis of the information given by the minor, the whereabouts of the parent or guardian. (Amended by Stats. 2023, Ch. 152, Sec. 2. (SB 457) Effective January 1, 2024.)
6924.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor age 12 or older may consent to certain outpatient mental health or residential shelter services if considered mature enough by the attending professional person.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6924. (a) As used in this section: (1) “Mental health treatment or counseling services” means the provision of mental health treatment or counseling on an outpatient basis by any of the following: (A) A governmental agency. (B) A person or agency having a contract with a governmental agency to provide the services. (C) An agency that receives funding from community united funds. (D) A runaway house or crisis resolution center. (E) A professional person, as defined in paragraph (2). (2) “Professional person” means either of the following: (A) A professional person as defined in Section 124260 of the Health and Safety Code. (B) The chief administrator of an agency referred to in paragraph (1) or (3). (3) “Residential shelter services” means any of the following: (A) The provision of residential and other support services to minors on a temporary or emergency basis in a facility that services only minors by a governmental agency, a person or agency having a contract with a governmental agency to provide these services, an agency that receives funding from community funds, or a licensed community care facility or crisis resolution center. (B) The provision of other support services on a temporary or emergency basis by any professional person as defined in paragraph (2). (b) A minor who is 12 years of age or older may consent to mental health treatment or counseling on an outpatient basis, or to residential shelter services, if the minor, in the opinion of the attending professional person, is mature enough to participate intelligently in the outpatient services or residential shelter services. (c) A professional person offering residential shelter services, whether as an individual or as a representative of an entity specified in paragraph (3) of subdivision (a), shall make their best efforts to notify the parent or guardian of the provision of services. (d) The mental health treatment or counseling of a minor authorized by this section shall include involvement of the minor’s parent or guardian unless the professional person who is treating or counseling the minor, after consulting with the minor, determines that the involvement would be inappropriate. The professional person who is treating or counseling the minor shall state in the client record whether and when the person attempted to contact the minor’s parent or guardian, and whether the attempt to contact was successful or unsuccessful, or the reason why, in the professional person’s opinion, it would be inappropriate to contact the minor’s parent or guardian. (e) The minor’s parents or guardian are not liable for payment for mental health treatment or counseling services provided pursuant to this section unless the parent or guardian participates in the mental health treatment or counseling, and then only for services rendered with the participation of the parent or guardian. The minor’s parents or guardian are not liable for payment for any residential shelter services provided pursuant to this section unless the parent or guardian consented to the provision of those services. (f) This section does not authorize a minor to receive convulsive therapy or psychosurgery as defined in subdivisions (f) and (g) of Section 5325 of the Welfare and Institutions Code, or psychotropic drugs without the consent of the minor’s parent or guardian. (g) This section shall become operative on July 1, 2024. (Repealed (in Sec. 2) and added by Stats. 2023, Ch. 338, Sec. 3. (AB 665) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
6925.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor may consent to medical care for preventing or treating pregnancy, but may not be sterilized without a parent’s or guardian’s consent.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6925. (a) A minor may consent to medical care related to the prevention or treatment of pregnancy. (b) This section does not authorize a minor to be sterilized without the consent of the minor’s parent or guardian. (Amended by Stats. 2025, Ch. 136, Sec. 12. (AB 260) Effective September 26, 2025.)
6926.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor who is 12 or older may consent to certain medical care for infectious, contagious, or communicable diseases, and may also consent to care to prevent a sexually transmitted disease. Parents or guardians are not liable for payment for care provided under this section.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6926. (a) A minor who is 12 years of age or older and who may have come into contact with an infectious, contagious, or communicable disease may consent to medical care related to the diagnosis or treatment of the disease, if the disease or condition is one that is required by law or regulation adopted pursuant to law to be reported to the local health officer, or is a related sexually transmitted disease, as may be determined by the State Public Health Officer. (b) A minor who is 12 years of age or older may consent to medical care related to the prevention of a sexually transmitted disease. (c) The minor’s parents or guardian are not liable for payment for medical care provided pursuant to this section. (Amended by Stats. 2011, Ch. 652, Sec. 1. (AB 499) Effective January 1, 2012.)
6927.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor aged 12 or older who is alleged to have been raped may consent to related medical care and the collection of medical evidence.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6927. A minor who is 12 years of age or older and who is alleged to have been raped may consent to medical care related to the diagnosis or treatment of the condition and the collection of medical evidence with regard to the alleged rape. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
6928.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor alleged to have been sexually assaulted may consent to related medical care and evidence collection. The treating professional must try to contact a parent or guardian and record the attempt, unless the professional reasonably believes the parent or guardian committed the assault.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6928. (a) “Sexually assaulted” as used in this section includes, but is not limited to, conduct coming within Section 261, 286, or 287 of the Penal Code. (b) A minor who is alleged to have been sexually assaulted may consent to medical care related to the diagnosis and treatment of the condition, and the collection of medical evidence with regard to the alleged sexual assault. (c) The professional person providing medical treatment shall attempt to contact the minor’s parent or guardian and shall note in the minor’s treatment record the date and time the professional person attempted to contact the parent or guardian and whether the attempt was successful or unsuccessful. This subdivision does not apply if the professional person reasonably believes that the minor’s parent or guardian committed the sexual assault on the minor. (Amended by Stats. 2018, Ch. 423, Sec. 25. (SB 1494) Effective January 1, 2019.)
6929.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor age 12 or older may consent to drug- or alcohol-related medical care and counseling, and a minor age 16 or older may consent to certain opioid-use-disorder medication treatment only if federal law allows it.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6929. (a) As used in this section: (1) “Counseling” means the provision of counseling services by a provider under a contract with the state or a county to provide alcohol or drug abuse counseling services pursuant to Part 2 (commencing with Section 5600) of Division 5 of the Welfare and Institutions Code or pursuant to Division 10.5 (commencing with Section 11750) of the Health and Safety Code. (2) “Drug or alcohol” includes, but is not limited to, any substance listed in any of the following: (A) Section 380 or 381 of the Penal Code. (B) Division 10 (commencing with Section 11000) of the Health and Safety Code. (C) Subdivision (f) of Section 647 of the Penal Code. (3) “LAAM” means levoalphacetylmethadol as specified in paragraph (10) of subdivision (c) of Section 11055 of the Health and Safety Code. (4) “Professional person” means a physician and surgeon, registered nurse, psychologist, clinical social worker, professional clinical counselor, marriage and family therapist, registered marriage and family therapist intern when appropriately employed and supervised pursuant to Section 4980.43 of the Business and Professions Code, psychological assistant when appropriately employed and supervised pursuant to Section 2913 of the Business and Professions Code, associate clinical social worker when appropriately employed and supervised pursuant to Section 4996.18 of the Business and Professions Code, or registered clinical counselor intern when appropriately employed and supervised pursuant to Section 4999.42 of the Business and Professions Code. (b) A minor who is 12 years of age or older may consent to medical care and counseling relating to the diagnosis and treatment of a drug- or alcohol-related problem. (c) The treatment plan of a minor authorized by this section shall include the involvement of the minor’s parent or guardian, if appropriate, as determined by the professional person or treatment facility treating the minor. The professional person providing medical care or counseling to a minor shall state in the minor’s treatment record whether and when the professional person attempted to contact the minor’s parent or guardian, and whether the attempt to contact the parent or guardian was successful or unsuccessful, or the reason why, in the opinion of the professional person, it would not be appropriate to contact the minor’s parent or guardian. (d) The minor’s parent or guardian is not liable for payment for care provided to a minor pursuant to this section, except that if the minor’s parent or guardian participates in a counseling program pursuant to this section, the parent or guardian is liable for the cost of the services provided to the minor and the parent or guardian. (e) (1) This section does not authorize a minor to receive replacement narcotic therapy, in a program licensed pursuant to Article 1 (commencing with Section 11839) of Chapter 10 of Part 2 of Division 10.5 of the Health and Safety Code, without the consent of the minor’s parent or guardian. (2) Notwithstanding paragraph (1), a minor 16 years of age or older may consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of the minor’s parent or guardian only if, and to the extent, expressly permitted by federal law. (f) It is the intent of the Legislature that the state shall respect the right of a parent or legal guardian to seek medical care and counseling for a drug- or alcohol-related problem of a minor child when the child does not consent to the medical care and counseling, and nothing in this section shall be construed to restrict or eliminate this right. (g) Notwithstanding any other law, when a parent or legal guardian has sought the medical care and counseling for a drug- or alcohol-related problem of a minor child, the physician and surgeon shall disclose medical information concerning the care to the minor’s parent or legal guardian upon the parent’s or guardian’s request, even if the minor child does not consent to disclosure, without liability for the disclosure. (Amended by Stats. 2023, Ch. 456, Sec. 1. (AB 816) Effective January 1, 2024.)
6929.1.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor age 16 or older may consent to buprenorphine-based opioid use disorder treatment under the stated conditions.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6929.1. Notwithstanding any other law, a minor 16 years of age or older may consent to opioid use disorder treatment that uses buprenorphine at a physician’s office, clinic, or health facility, by a licensed physician and surgeon or other health care provider acting within the scope of their practice, whether or not the minor also has the consent of their parent or guardian. (Added by Stats. 2023, Ch. 456, Sec. 2. (AB 816) Effective January 1, 2024.)
6930.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor age 12 or older who says they were injured by intimate partner violence may consent to related medical care and evidence collection. A treating health practitioner must inform the minor, try to contact a parent or guardian, and record the contact attempt if the injuries require a report, unless the parent or guardian is reasonably believed to have committed the violence.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. MEDICAL TREATMENT [6900 - 6930] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Consent by Minor [6920 - 6930] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6930. (a) A minor who is 12 years of age or older and who states that the minor is injured as a result of intimate partner violence may consent to medical care related to the diagnosis or treatment of the injury and the collection of medical evidence with regard to the alleged intimate partner violence. (b) (1) For purposes of this section, “intimate partner violence” means an intentional or reckless infliction of bodily harm that is perpetrated by a person with whom the minor has or has had a sexual, dating, or spousal relationship. (2) This section does not apply when a minor is an alleged victim of rape, as defined in Section 261 of the Penal Code, in which case Section 6927 shall apply, and does not apply when a minor is alleged to have been sexually assaulted, as described in Section 6928, in which case that section shall apply. (c) If the health practitioner providing treatment believes that the injuries described in subdivision (a) require a report pursuant to Section 11160 of the Penal Code, the health practitioner shall do both of the following: (1) Inform the minor that the report will be made. (2) Attempt to contact the minor’s parent or guardian and inform them of the report. The health practitioner shall note in the minor’s treatment record the date and time of the attempt to contact the parent or guardian and whether the attempt was successful or unsuccessful. This paragraph does not apply if the health practitioner reasonably believes that the minor’s parent or guardian committed the intimate partner violence on the minor. (Amended by Stats. 2021, Ch. 626, Sec. 11. (AB 1171) Effective January 1, 2022.)
6950.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ENLISTMENT IN ARMED FORCES [6950- 6950.] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor may ask the court to consent to enlistment in the U.S. armed forces, and the court may grant consent if the minor is at least 16, lives in the state, and lacks a parent or guardian who can give the needed consent.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ENLISTMENT IN ARMED FORCES [6950- 6950.] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 6950. (a) Upon application by a minor, the court may summarily grant consent for enlistment by the minor in the armed forces of the United States if the court determines all of the following: (1) The minor is 16 years of age or older and resides in this state. (2) The consent of a parent or guardian is necessary to permit the enlistment, and the minor has no parent or guardian available to give the consent. (b) No fee may be charged for proceedings under this section. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
7.
## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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When this code or another law is cited, the reference includes all amendments and additions made at any time.

## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7. Whenever a reference is made to a portion of this code or to another law, the reference applies to all amendments and additions regardless of when made. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
70.
## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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This section defines “date of separation” as the point when the marital relationship has completely and finally ended, shown by the spouse’s intent to end the marriage and conduct consistent with that intent.

## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 70. (a) “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following: (1) The spouse has expressed to the other spouse the intent to end the marriage. (2) The conduct of the spouse is consistent with the intent to end the marriage. (b) In determining the date of separation, the court shall take into consideration all relevant evidence. (c) It is the intent of the Legislature in enacting this section to abrogate the decisions in In re Marriage of Davis (2015) 61 Cal.4th 846 and In re Marriage of Norviel (2002) 102 Cal.App.4th 1152. (Amended by Stats. 2019, Ch. 115, Sec. 1. (AB 1817) Effective January 1, 2020.)
700.
## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [700- 700.] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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For this division, a leasehold interest in real property is treated as real property, not personal property.

## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [700 - 755] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [700- 700.] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 700. For the purposes of this division, a leasehold interest in real property is real property, not personal property. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
7000.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7000 - 7002] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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This section says the part may be cited as the Emancipation of Minors Law.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7000 - 7002] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7000. This part may be cited as the Emancipation of Minors Law. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
7001.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7000 - 7002] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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This section says the part is meant to define emancipation and its consequences, and to allow an emancipated minor to get a court declaration of status.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7000 - 7002] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7001. It is the purpose of this part to provide a clear statement defining emancipation and its consequences and to permit an emancipated minor to obtain a court declaration of the minor’s status. This part is not intended to affect the status of minors who may become emancipated under the decisional case law that was in effect before the enactment of Chapter 1059 of the Statutes of 1978. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
7002.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7000 - 7002] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A person under 18 is treated as an emancipated minor if one of the listed conditions is met.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [7000 - 7002] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7002. A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied: (a) The person has entered into a valid marriage, or has established a valid domestic partnership, regardless of whether the marriage or the domestic partnership has been dissolved. (b) The person is on active duty with the Armed Forces of the United States. (c) The person has received a declaration of emancipation pursuant to Section 7122. (Amended by Stats. 2018, Ch. 660, Sec. 9. (SB 273) Effective January 1, 2019.)
7050.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Effect of Emancipation [7050 - 7052] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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An emancipated minor is treated as an adult for several listed purposes, including medical consent, contracts, property transactions, lawsuits, and work permits.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Effect of Emancipation [7050 - 7052] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7050. An emancipated minor shall be considered as being an adult for the following purposes: (a) The minor’s right to support by the minor’s parents. (b) The right of the minor’s parents to the minor’s earnings and to control the minor. (c) The application of Sections 300 and 601 of the Welfare and Institutions Code. (d) Ending all vicarious or imputed liability of the minor’s parents or guardian for the minor’s torts. Nothing in this section affects any liability of a parent, guardian, spouse, or employer imposed by the Vehicle Code, or any vicarious liability that arises from an agency relationship. (e) The minor’s capacity to do any of the following: (1) Consent to medical, dental, or psychiatric care, without parental consent, knowledge, or liability. (2) Enter into a binding contract or give a delegation of power. (3) Buy, sell, lease, encumber, exchange, or transfer an interest in real or personal property, including, but not limited to, shares of stock in a domestic or foreign corporation or a membership in a nonprofit corporation. (4) Sue or be sued in the minor’s own name. (5) Compromise, settle, arbitrate, or otherwise adjust a claim, action, or proceeding by or against the minor. (6) Make or revoke a will. (7) Make a gift, outright or in trust. (8) Convey or release contingent or expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy, and consent to a transfer, encumbrance, or gift of marital property. (9) Exercise or release the minor’s powers as donee of a power of appointment unless the creating instrument otherwise provides. (10) Create for the minor’s own benefit or for the benefit of others a revocable or irrevocable trust. (11) Revoke a revocable trust. (12) Elect to take under or against a will. (13) Renounce or disclaim any interest acquired by testate or intestate succession or by inter vivos transfer, including exercise of the right to surrender the right to revoke a revocable trust. (14) Make an election referred to in Section 13502 of, or an election and agreement referred to in Section 13503 of, the Probate Code. (15) Establish the minor’s own residence. (16) Apply for a work permit pursuant to Section 49110 of the Education Code without the request of the minor’s parents. (17) Enroll in a school or college. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
7051.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Effect of Emancipation [7050 - 7052] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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An insurance contract made by an emancipated minor is treated the same as if an adult made it.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Effect of Emancipation [7050 - 7052] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7051. An insurance contract entered into by an emancipated minor has the same effect as if it were entered into by an adult and, with respect to that contract, the minor has the same rights, duties, and liabilities as an adult. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
7052.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Effect of Emancipation [7050 - 7052] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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An emancipated minor may vote, use proxies, waive notice or consent to meetings, and approve actions for certain shares, memberships, or other property the minor holds.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Effect of Emancipation [7050 - 7052] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7052. With respect to shares of stock in a domestic or foreign corporation held by an emancipated minor, a membership in a nonprofit corporation held by an emancipated minor, or other property held by an emancipated minor, the minor may do all of the following: (a) Vote in person, and give proxies to exercise any voting rights, with respect to the shares, membership, or property. (b) Waive notice of any meeting or give consent to the holding of any meeting. (c) Authorize, ratify, approve, or confirm any action that could be taken by shareholders, members, or property owners. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
7110.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [7110 - 7111] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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The Legislature wants emancipation proceedings to be simple and inexpensive, and asks the Judicial Council to prepare and distribute suitable forms for minors who represent themselves.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [7110 - 7111] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7110. It is the intent of the Legislature that proceedings under this part be as simple and inexpensive as possible. To that end, the Judicial Council is requested to prepare and distribute to the clerks of the superior courts appropriate forms for the proceedings that are suitable for use by minors acting as their own counsel. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
7111.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [7110 - 7111] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A declaration of emancipation does not, by itself, give the minor benefits under Division 9 of the Welfare and Institutions Code unless those benefits would otherwise apply to an emancipated minor.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. General Provisions [7110 - 7111] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7111. The issuance of a declaration of emancipation does not entitle the minor to any benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code which would not otherwise accrue to an emancipated minor. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
7120.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Procedure for Declaration [7120 - 7123] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A minor may petition the superior court for emancipation if the minor lives or is temporarily domiciled in the county.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Procedure for Declaration [7120 - 7123] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7120. (a) A minor may petition the superior court of the county in which the minor resides or is temporarily domiciled for a declaration of emancipation. (b) The petition shall set forth with specificity all of the following facts: (1) The minor is at least 14 years of age. (2) The minor willingly lives separate and apart from the minor’s parents or guardian with the consent or acquiescence of the minor’s parents or guardian. (3) The minor is managing their own financial affairs. As evidence of this, the minor shall complete and attach a declaration of income and expenses as provided in Judicial Council form FL-150. (4) The source of the minor’s income is not derived from any activity declared to be a crime by the laws of this state or the laws of the United States. (Amended by Stats. 2019, Ch. 115, Sec. 79. (AB 1817) Effective January 1, 2020.)
7121.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Procedure for Declaration [7120 - 7123] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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Before an emancipation petition is heard, reasonable notice must be given to the minor’s parents, guardian, or other custodian, or the court must be told why notice cannot be given. The court clerk must also notify certain agencies, and the notice must include a consent form and a warning about possible rescission and parental support obligations.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Procedure for Declaration [7120 - 7123] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7121. (a) Before the petition for a declaration of emancipation is heard, notice the court determines is reasonable shall be given to the minor’s parents, guardian, or other person entitled to the custody of the minor, or proof shall be made to the court that their addresses are unknown or that for other reasons the notice cannot be given. (b) The clerk of the court shall also notify the local child support agency of the county in which the matter is to be heard of the proceeding. If the minor is a ward of the court, notice shall be given to the probation department. If the child is a dependent child of the court, notice shall be given to the county welfare department. (c) The notice shall include a form whereby the minor’s parents, guardian, or other person entitled to the custody of the minor may give their written consent to the petitioner’s emancipation. The notice shall include a warning that a court may void or rescind the declaration of emancipation and the parents may become liable for support and medical insurance coverage pursuant to Chapter 2 (commencing with Section 4000) of Part 2 of Division 9 and Sections 17400, 17402, 17404, and 17422. (Amended by Stats. 2003, Ch. 365, Sec. 1. Effective January 1, 2004.)
7122.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Procedure for Declaration [7120 - 7123] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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The court must sustain an emancipation petition if the minor meets Section 7120 and emancipation is not against the minor’s best interest.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Procedure for Declaration [7120 - 7123] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7122. (a) The court shall sustain the petition if it finds that the minor is a person described by Section 7120 and that emancipation would not be contrary to the minor’s best interest. (b) If the petition is sustained, the court shall forthwith issue a declaration of emancipation, which shall be filed by the clerk of the court. (c) A declaration is conclusive evidence that the minor is emancipated. (Amended by Stats. 2002, Ch. 784, Sec. 107. Effective January 1, 2003.)
7123.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Procedure for Declaration [7120 - 7123] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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If a petition is denied, the minor may file a petition for a writ of mandate. If the petition is sustained, parents or a guardian may file if they appeared in the proceeding and opposed the petition.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Procedure for Declaration [7120 - 7123] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7123. (a) If the petition is denied, the minor has a right to file a petition for a writ of mandate. (b) If the petition is sustained, the parents or guardian have a right to file a petition for a writ of mandate if they have appeared in the proceeding and opposed the granting of the petition. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
7130.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Voiding or Rescinding Declaration [7130 - 7135] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A declaration of emancipation can be voided if it was obtained by fraud or by withholding material information, and it can be rescinded if the minor is indigent and has no means of support.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Voiding or Rescinding Declaration [7130 - 7135] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7130. (a) A declaration of emancipation obtained by fraud or by the withholding of material information is voidable. (b) A declaration of emancipation of a minor who is indigent and has no means of support is subject to rescission. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
7131.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Voiding or Rescinding Declaration [7130 - 7135] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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A petition to void an emancipation declaration may be filed for fraud or withholding material information, and it must be filed in the court that made the declaration.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Voiding or Rescinding Declaration [7130 - 7135] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7131. A petition to void a declaration of emancipation on the ground that the declaration was obtained by fraud or by the withholding of material information may be filed by any person or by any public or private agency. The petition shall be filed in the court that made the declaration. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
7132.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Voiding or Rescinding Declaration [7130 - 7135] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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Certain people may file a petition to rescind an emancipation declaration, and the court must review the minor’s situation before granting rescission.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Voiding or Rescinding Declaration [7130 - 7135] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7132. (a) A petition to rescind a declaration of emancipation on the ground that the minor is indigent and has no means of support may be filed by the minor declared emancipated, by the minor’s conservator, or by the district attorney of the county in which the minor resides. The petition shall be filed in the county in which the minor or the conservator resides. (b) The minor may be considered indigent if the minor’s only source of income is from public assistance benefits. The court shall consider the impact of the rescission of the declaration of emancipation on the minor and shall find the rescission of the declaration of emancipation will not be contrary to the best interest of the minor before granting the order to rescind. (Amended by Stats. 1993, Ch. 219, Sec. 158. Effective January 1, 1994.)
7133.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Voiding or Rescinding Declaration [7130 - 7135] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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Before a petition is heard, the court must see that reasonable notice is given to the minor’s parents or guardian, unless their addresses are unknown or notice cannot otherwise be given. If emancipation is voided or rescinded, parents may have to provide support and medical insurance coverage, and no liability starts until actual notice is given.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Voiding or Rescinding Declaration [7130 - 7135] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7133. (a) Before a petition under this article is heard, notice the court determines is reasonable shall be given to the minor’s parents or guardian, or proof shall be made to the court that their addresses are unknown or that for other reasons the notice cannot be given. (b) The notice to parents shall state that if the declaration of emancipation is voided or rescinded, the parents may be liable to provide support and medical insurance coverage for the child pursuant to Chapter 2 (commencing with Section 4000) of Part 2 of Division 9 of this code and Sections 11350, 11350.1, 11475.1, and 11490 of the Welfare and Institutions Code. (c) No liability accrues to a parent or guardian not given actual notice, as a result of voiding or rescinding the declaration of emancipation, until that parent or guardian is given actual notice. (Amended by Stats. 1993, Ch. 219, Sec. 159. Effective January 1, 1994.)
7134.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Voiding or Rescinding Declaration [7130 - 7135] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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If the petition is sustained, the court must promptly issue an order voiding or rescinding the emancipation declaration, and the clerk of the court must file it.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Voiding or Rescinding Declaration [7130 - 7135] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7134. If the petition is sustained, the court shall forthwith issue an order voiding or rescinding the declaration of emancipation, which shall be filed by the clerk of the court. (Amended by Stats. 2002, Ch. 784, Sec. 108. Effective January 1, 2003.)
7135.
## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Voiding or Rescinding Declaration [7130 - 7135] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )
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Voiding or rescinding an emancipation declaration does not change obligations, rights, or property interests that arose while it was in effect.

## Family Code - FAM ## DIVISION 11. MINORS [6500 - 7143] ( Division 11 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. EMANCIPATION OF MINORS LAW [7000 - 7143] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Court Declaration of Emancipation [7110 - 7143] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 3. Voiding or Rescinding Declaration [7130 - 7135] ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 7135. Voiding or rescission of the declaration of emancipation does not alter any contractual obligation or right or any property right or interest that arose during the period that the declaration was in effect. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

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