CALIFORNIA FAMILY CODE
PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS
Family Code Section 6340
a) (1) 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.
(2) (A) If at the time of a hearing with respect to an order issued pursuant
to this part based on an ex parte temporary restraining order, the court
determines that, after diligent effort, the petitioner has been unable
to accomplish personal service, and that there is reason to believe that
the restrained party is evading service, the court may permit an alternative
method of service designed to give reasonable notice of the action to
the respondent. Alternative methods of service include, but are not limited
to, the following:
(i) Service by publication pursuant to the standards set forth in Section
415.50 of the Code of Civil Procedure.
(ii) Service by first-class mail sent to the respondent at the most current
address for the respondent that is available to the court or delivering
a copy of the pleadings and orders at the respondent's home or place
of employment, pursuant to the standards set forth in Sections 415.20
to 415.40, inclusive, of the Code of Civil Procedure.
(B) If the court permits an alternative method of service under this paragraph,
the court shall grant a continuance to allow for the alternative service
pursuant to Section 245.
(b) The court shall, upon denying a petition under this part, provide a
brief statement of the reasons for the decision in writing or on the record.
A decision stating "denied" is insufficient.
(c) 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.