CALIFORNIA CODES

CALIFORNIA FAMILY CODE

Division 10. PREVENTION OF DOMESTIC VIOLENCE

Part 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS

Chapter 2. ISSUANCE OF ORDERS

Article 2. Orders Issuable After Notice and Hearing

Current through 2012

§ 6340. [Effective 1/1/2011]

(a) The court may issue any of the orders described in Article 1 (commencing with Section 6320) after notice and a hearing.

When determining whether to make any orders under this subdivision, the court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner and the children for whom the custody or visitation orders are sought. If the court makes any order for custody, visitation, or support, that order shall survive the termination of any protective order. The Judicial Council shall provide notice of this provision on any Judicial Council forms related to this subdivision.

(b) The court may issue an order described in Section 6321 excluding a person from a dwelling if the court finds that physical or emotional harm would otherwise result to the other party, to a person under the care, custody, and control of the other party, or to a minor child of the parties or of the other party.

Note: This section is set out twice. See also Ca. Fam. Code § 6340, effective until 1/1/2011.