CALIFORNIA FAMILY CODE
DOMESTIC VIOLENCE PREVENTION ORDERS
Ex Parte Orders
Family Code Section 6323
(a) Subject to
(1) The court may issue an ex parte order determining the temporary custody
and visitation of a minor child on the conditions the court determines
to a party who has established a parent and child relationship pursuant
to paragraph (2). The parties shall inform the court if any custody or
visitation orders have already been issued in any other proceeding.
(2) (A) In making a determination of the best interests of the child and
in order to limit the child's exposure to potential domestic violence
and to ensure the safety of all family members, if the party who has obtained
the restraining order has established a parent and child relationship
and the other party has not established that relationship, the court may
award temporary sole legal and physical custody to the party to whom the
restraining order was issued and may make an order of no visitation to
the other party pending the establishment of a parent and child relationship
between the child and the other party.
(B) A party may establish a parent and child relationship for purposes
of subparagraph (A) only by offering proof of any of the following:
(i) The party gave birth to the child.
(ii) The child is conclusively presumed to be a child of the marriage between
the parties, pursuant to Section 7540
, or the party has been determined by a court to be a parent of the child,
(iii) Legal adoption or pending legal adoption of the child by the party.
(iv) The party has signed a valid voluntary declaration of paternity, which
has been in effect more than 60 days prior to the issuance of the restraining
order, and that declaration has not been rescinded or set aside.
(v) A determination made by the juvenile court that there is a parent and
child relationship between the party offering the proof and the child.
(vi) A determination of paternity made in a proceeding to determine custody
or visitation in a case brought by the district attorney pursuant to Section
11350.1 of the Welfare and Institutions Code.
(vii) The party has been determined to be the parent of the child through
a proceeding under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12).
(viii) Both parties stipulate, in writing or on the record, for purposes
of this proceeding, that they are the parents of the child.
(b) (1) Except as provided in paragraph (2), the court shall not make a
finding of paternity in this proceeding, and any order issued pursuant
to this section shall be without prejudice in any other action brought
to establish a parent and child relationship.
(2) The court may accept a stipulation of paternity by the parties and,
if paternity is uncontested, enter a judgment establishing paternity,
subject to the set-aside provisions in
(c) When making any order for custody or visitation pursuant to this section,
the court's order shall specify the time, day, place, and manner of
transfer of the child for custody or visitation to limit the child's
exposure to potential domestic conflict or violence and to ensure the
safety of all family members. Where the court finds a party is staying
in a place designated as a shelter for victims of domestic violence or
other confidential location, the court's order for time, day, place,
and manner of transfer of the child for custody or visitation shall be
designed to prevent disclosure of the location of the shelter or other
(d) When making an order for custody or visitation pursuant to this section,
the court shall consider whether the best interest of the child, based
upon the circumstances of the case, requires that any visitation or custody
arrangement shall be limited to situations in which a third person, specified
by the court, is present, or whether visitation or custody shall be suspended