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.
Part 2GENERAL PROVISIONS
Section § 6220
This law is designed to stop domestic violence, abuse, and sexual abuse. It allows for separating the people involved long enough for them to work out the reasons behind the violence.
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Section § 6221
This law section applies to orders related to family issues like parentage, marriage dissolution, or legal separation, and makes clear that these orders must usually use specific forms approved by the Judicial Council and the Department of Justice. However, if the right form isn’t used, it doesn't mean the order can't be enforced. Also, this law doesn’t change anything about juvenile court cases.
(a)CA Family Law Code § 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)CA Family Law Code § 6221(b) Nothing in this division affects the jurisdiction of the juvenile court.
(c)CA Family Law Code § 6221(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.
family court orders parentage action marriage dissolution legal separation juvenile court jurisdiction Judicial Council forms Department of Justice approval form enforceability Uniform Parentage Act order issuance
Section § 6222
This law states that no one has to pay a filing fee if they are asking for, changing, or enforcing a protective order, which is a court order meant to protect someone from harm. The same applies to any subpoenas related to such requests and any filings associated with certain petitions under this division.
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.
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Section § 6223
A custody or visitation order made under this specific set of laws has to follow the rules and standards outlined in another section that deals specifically with child custody.
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).
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Section § 6224
This law section says that when an order is issued, it must clearly show its expiration date and specific enforcement instructions. The order is valid as soon as it's made, and police officers must enforce it right away once they receive it. It's enforceable anywhere in California by any police force that has either received or been shown the order. If the person being ordered hasn't gotten a copy yet, police must inform them of what the order means before enforcing it.
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.”
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Section § 6225
If you’re filing for a protective order, your petition is still valid even if you don’t include your home address, work address, your child's school, or any related locations. This helps protect your privacy and safety.
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.
protective order petition validity privacy protection petitioner's address child's school place of residence domestic violence safety concerns employment address confidential information child care location
Section § 6226
This law mandates that the Judicial Council is responsible for creating the forms and instructions needed to apply for certain orders, as outlined in this legal division.
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.
Judicial Council forms instructions orders document preparation application process legal orders form creation document requirements legal instructions
Section § 6226.5
By January 1, 2023, the Judicial Council needs to update the form titled 'Can a Domestic Violence Restraining Order Help Me?' to explain about a program that keeps victims' addresses confidential. They need to describe the program's benefits and give a web link for more information. This form must be available in English and other key languages, with the option to add more languages later.
(a)CA Family Law Code § 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)CA Family Law Code § 6226.5(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.
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Section § 6227
This law section explains that the legal options available in this part of the law do not limit or replace other legal actions someone might take, whether in civil or criminal court.
The remedies provided in this division are in addition to any other civil or criminal remedies that may be available to the petitioner.
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Section § 6228
This law mandates that victims of certain crimes, like domestic violence or sexual assault, can request and receive free copies of relevant police reports, photos, and 911 recordings. Law enforcement must provide these documents within specific timeframes unless there's a valid reason for delay. Victims or their representatives must show proper ID to request these materials. "Victim" covers minors aged 12 and older, and representatives can include various family members or legal entities. If the crime report is over five years old, this law doesn't apply. People involved in the crime, like suspects, cannot act as representatives.
(a)CA Family Law Code § 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)CA Family Law Code § 6228(a)(1) Domestic violence, as defined in Section 6211.
(2)CA Family Law Code § 6228(a)(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)CA Family Law Code § 6228(a)(3) Stalking, as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code.
(4)CA Family Law Code § 6228(a)(4) Human trafficking, as defined in Section 236.1 of the Penal Code.
(5)CA Family Law Code § 6228(a)(5) Abuse of an elder or a dependent adult, as defined in Section 15610.07 of the Welfare and Institutions Code.
(b)Copy CA Family Law Code § 6228(b)
(1)Copy CA Family Law Code § 6228(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)CA Family Law Code § 6228(b)(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)CA Family Law Code § 6228(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)CA Family Law Code § 6228(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)CA Family Law Code § 6228(e) This section
shall be known and may be cited as the Access to Domestic Violence Reports Act of 1999.
(f)CA Family Law Code § 6228(f) For purposes of this section, “victim” includes a minor who is 12 years of age or older.
(g)Copy CA Family Law Code § 6228(g)
(1)Copy CA Family Law Code § 6228(g)(1) For purposes of this section, if the victim is deceased, a “representative of the victim” means any of the following:
(A)CA Family Law Code § 6228(g)(1)(A) The surviving spouse.
(B)CA Family Law Code § 6228(g)(1)(B) A surviving child of the decedent who has attained 18 years of age.
(C)CA Family Law Code § 6228(g)(1)(C) A domestic partner, as defined in subdivision (a) of Section 297.
(D)CA Family Law Code § 6228(g)(1)(D) A surviving parent of the decedent.
(E)CA Family Law Code § 6228(g)(1)(E) A surviving adult
relative.
(F)CA Family Law Code § 6228(g)(1)(F) The personal representative of the victim, as defined in Section 58 of the Probate Code, if one is appointed.
(G)CA Family Law Code § 6228(g)(1)(G) The public administrator if one has been appointed.
(2)CA Family Law Code § 6228(g)(2) For purposes of this section, if the victim is not deceased, a “representative of the victim” means any of the following:
(A)CA Family Law Code § 6228(g)(2)(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)CA Family Law Code § 6228(g)(2)(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)CA Family Law Code § 6228(g)(2)(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)CA Family Law Code § 6228(g)(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.
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Section § 6229
A child under 12 who has a special guardian to help them can go to court without a lawyer to ask for or fight against a temporary restraining order or injunction.
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.
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