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HomeFamily CodeDiv. 10Pt. 4Ch. 1§ 6300 Restraining Order Issuance Rules

§ 6300 Restraining Order Issuance Rules

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 6300 Restraining Order Issuance Rules

This law lets a court issue a restraining order if someone shows proof of past abuse. The court can do this even if the abuser wasn't told beforehand.

Key Takeaways

  • •A restraining order can be issued if there's proof of past abuse.
  • •The court can make this order without telling the abuser first.
  • •You can ask for a restraining order using the right court forms.

Example

A woman goes to court because her ex-boyfriend hit her last week.

She can ask for a restraining order right away, even if her ex doesn't know about it yet. The court can grant it if they believe her story.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 6300 Restraining Order Issuance Rules

(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.)

Last verified: January 9, 2026

Key Terms

restraining orderex parteprotective orderaffidavittestimonyreasonable proofpast act or acts of abuseJudicial Council forms

Related Statutes

  • § 17212 Support Enforcement Confidentiality
  • § 502 Confidential Marriage License Exceptions
  • § 505 Confidential Marriage License Form
  • § 510 Confidential Marriage License Replacement
  • § 6303 Domestic Violence Support Persons

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 6300.
View Official Source