SECTIONS 6320-6327 - California Statutes

FAMILY.CODE

SECTION 6320-6327

6320. (a) The court may issue an ex parte order enjoining a party
from molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, 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) On or before July 1, 2009, the Judicial Council shall modify
the criminal and civil court forms consistent with this section.

6320. (a) The court may issue an ex parte order enjoining a party
from molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, 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.

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 20 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 5 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 his or her right to a noticed hearing. However,
nothing in this section shall preclude a petitioner who waives his or
her right to a noticed hearing from refiling a new petition, without
prejudice, at a later time.
(d) The Judicial Council, on or before January 1, 2010, shall
develop a form to implement this section.

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 5 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 his or her right to a noticed hearing. However,
nothing in this section shall preclude a petitioner who waives his or
her right to a noticed hearing from refiling a new petition, without
prejudice, at a later time.

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.

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.

6322.5. Pursuant to Sections 4926 and 4977, the court may issue an
ex parte order prohibiting disclosure of the address or other
identifying information of a party, child, parent, guardian or other
caretaker of a child.

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 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.

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.

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 any custody or visitation orders have already
been issued in any other proceeding.
(2) (A) In making a determination of the best interests of the
child and 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 paternity made in a proceeding to
determine custody or visitation in a case brought by the district
attorney pursuant to Section 11350.1 of the Welfare and Institutions
Code.
(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 any 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 any 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. Where 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
any 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.

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.

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.

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.

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.