California Protective Orders

Code Section
Family Code 6240, et seq.; 6320, et seq.; Penal 273.6

Activity Addressed by Order
Enjoining contact; excluding from dwelling; enjoining specific behavior; regarding minor child: custody, visitations. Penal code: any person who has domestic abuse perpetrated against him/her as shown by affidavit of reasonable proof

Duration
Emergency order: the earlier of the close of the 5th business day after issue or 7 calendar days. Others: 3 year maximum unless extended by office or parties stipulate to permanent order

Penalty for a Violation of Order
1 year and/or $1,000; with physical injury: $2,000 or 30 days to 1 yr. in jail or both; subsequent conviction: $2,000, 6 mos.-1 yr. jail, or both, or state imprisonment

Who May Apply for Order
Spouse, cohabitant, fiancĂ©/fiancĂ©e, parent of one’s child, blood relations.

Fees Waived
N/A

Transmission to Law Enforcement
By the close of business on day of issuance; local law enforcement agency must notify Department of Justice for domestic violence protective order registry

Civil Liability
N/A


Inside California Protective Orders