The Ca Fam § 6218 protective orders may include any or
all of the following (Ca Fam § 6218):
Temporary Custody: During the pendency of
a proceeding where the custody of a minor child is in issue
(including domestic relations status actions, Ca Fam §
3120 actions for exclusive custody, DVPA actions provided
a parent-child relationship has been established, UPA actions
and Ca Fam § 17404 county agency support enforcement
actions), the court may make whatever temporary custody order
"seems necessary or proper." [Ca Fam §§
2045(b), 2047, 3021, 3022, 3060 et seq., 6323(a)]
Temporary Child Visitation: The court may
also issue a temporary order determining the right of a party
to visit a minor child "on the conditions the court determines."
[Ca Fam §§ 2045(b), 2047, 6323(a)(1)]
Child Abduction Prevention Orders: The Family
Code identifies several factors that may signal a risk one
parent might "abduct" the minor children to another
county, state or country. If it becomes aware of facts indicating
such a risk, the court has a duty to determine whether orders
should be entered to prevent the threatened abduction (move-away
or travel restrictions, posting a bond, even turning in passports,
etc.). [See Ca Fam § 3048(b)]
Protective Orders Where Child Sexual Abuse Is Alleged:
If child sexual abuse is alleged during a custody proceeding
and the court is concerned about the child's safety, the court
has discretion to take "any reasonable temporary steps"
deemed appropriate under the circumstances to protect the
child's safety until an investigation can be completed. [Ca
Fam § 3027(a)] In such cases, the court may request an
investigation by the local child welfare services agency pursuant
to Ca Wel & Inst § 328; and may be required to order
a custody evaluation pursuant to Ca Fam § 3118. See Ca
Fam §§ 3027(b), 3118)
Assaultive Conduct & Property Destruction:
An 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." [Ca Fam
§§ 6218(a), 6320, 6340(a)]
Dwelling Exclusion: An 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 whatever
period and on whatever conditions the court determines, "regardless
of which party holds legal or equitable title or is the lessee
of the dwelling." [Ca Fam §§ 6218(b), 6321(a),
6340(a)]
"Effectuating" Order: An order
enjoining a party from any other specified behavior that the
court deems necessary "to effectuate" § 6320
(assaultive conduct/harassment) or § 6321 (dwelling exclusion)
orders. [Ca Fam §§ 6218(c), 6322, 6340(a)]
Firearms Restraining Order: A broad restraining
order concerning the possession and acquisition of firearms
automatically takes effect by operation of law when the court
issues a Ca Fam § 6218 domestic violence protective order:
A person subject to a Ca Fam § 6218 protective order
is prohibited from owning, possessing, purchasing, receiving,
or attempting to own, possess, purchase or receive, any firearms
for so long as the protective order remains in effect.
Wiretap Order: A judge issuing a domestic
violence restraining order may, upon the victim's request,
also include a provision permitting the victim to record any
prohibited communication made to him or her by the perpetrator.
Absent such an order, the surreptitious recording, although
made to document evidence of a crime, could run afoul of state
and federal wiretap and invasion of privacy laws. [Ca Penal
§ 633.6(a)]
Restitution Orders: In domestic violence
situations, after notice and hearing, the court may issue
the following compensatory monetary orders--but not including
"damages for pain and suffering" (Ca Fam §
6342(a),(b)):
Payment Of Victim's Damages: The Court
may make an order requiring the respondent perpetrator to
pay restitution to the applicant party for loss of earnings
and out-of-pocket expenses--including, but not limited to,
medical care and temporary housing expenses--incurred as
a direct result of the abuse inflicted by the respondent
or any actual physical injuries sustained from the abuse.
[Ca Fam § 6342(a)(1)]
Damages To The State: The Court may make
an order requiring the respondent perpetrator to pay restitution
to any public or private agency for its reasonable cost
of providing protective services to the other party as a
direct result of the abuse inflicted by the respondent or
any actual injuries sustained therefrom. [Ca Fam §
6342(a)(3)]
Payment Of Damages Caused By Unwarranged Application:
If the court finds at a noticed hearing that the ex parte
protective or domestic violence prevention order issued
on "insufficient" supporting facts, an order requiring
the party who obtained the order to pay restitution for
out-of-pocket expenses incurred by the other party (respondent)
as a result thereof. [Ca Fam § 6342(a)(2)]
Batterer's Program: Also, in domestic violence
situations, and after a noticed hearing, the court may order
the restrained person to participate in a batterer's program
approved by the probation department, which may include lectures,
classes, group discussions and counseling directed at stopping
domestic violence (see Ca Penal § 1203.097(c)--batterer's
program standards). [Ca Fam § 6343(a)]
Additional Emergency Protective Orders:
Protective orders may be obtained ex parte on an emergency
basis (so-called "emergency protective orders")
in cases of imminently threatened domestic violence, child
abuse and/or child abduction, stalking, or elder or dependent
adult abuse. [Ca Fam § 6240 et seq.; Ca Penal §
646.91; see Ca Fam § 6241. These include
Harassmant/Stalking Orders: The Court
may issue a harassment protective order (as described in
Ca Civ Pro § 527.6) or a workplace violence protective
order (as described in Ca Civ Pro § 527.8) as necessary
to prevent the occurrence or reoccurrence of "stalking"
(defined to mean willfully, maliciously and repeatedly following
or harassing another and making a "credible threat"
with intent to place that person in reasonable fear for
his or her safety or the safety of his or her immediate
family; see Ca Penal § 646.9) (Ca Fam § 6274;
Ca Penal § 646.91)
Temporary Care Of Children: An order determining
the temporary care and control of any minor child of the
endangered person and the person against whom the order
is sought (Ca Fam § 6252(b))
