SECTIONS 6340-6346 - California Statutes

FAMILY.CODE

SECTION 6340-6346

6340. (a) 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.
(b) 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.

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.

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.

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) 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.

6344. (a) After notice and a hearing, the court may issue an order
for the payment of attorney's fees and costs of the prevailing party.
(b) In any action in which the petitioner is the prevailing party
and cannot afford to pay for the attorney's fees and costs, the court
shall, if appropriate based on the parties' respective abilities to
pay, order that the respondent pay petitioner's attorney's fees and
costs for commencing and maintaining the proceeding. Whether the
respondent shall be ordered to pay attorney's fees and costs for the
prevailing petitioner, and what amount shall be paid, shall be
determined based upon (1) the respective incomes and needs of the
parties, and (2) any factors affecting the parties' respective
abilities to pay.

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
years or permanently, without a showing of any further abuse since
the issuance of the original order, 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.
(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.

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
years or permanently, without a showing of any further abuse since
the issuance of the original order, 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. 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.

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.