Title FAM, California Fam. Code

“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.)

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.)

This division may be cited as the Domestic Violence Prevention Act. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)

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.)

(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) T…

“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.)

“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.)

“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.)

“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 p…

“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.)

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 Stat…

“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 …

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 s…

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. (Amen…

(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 wit…

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 prote…

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.)

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 enforcea…

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 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.)

(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 …

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.)

(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 ot…

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 div…

“Community estate” includes both community property and quasi-community property. (Added by Stats. 1993, Ch. 219, Sec. 79.3. Effective January 1, 1994.)

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.)

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 provisio…

(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 …

(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 …

(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 …

(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 …

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.)

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.…

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 t…

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 …

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.)

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 doi…

(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 prote…

(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) 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 establis…

(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 enforceme…

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.)

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 ord…

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 …

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…

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 th…