**[DRAFT] SUPERIOR COURT OF CALIFORNIA
COUNTY OF [COUNTY]**
DOMESTIC VIOLENCE PROTECTION ORDER
(Cal. Fam. Code §§ 6200 – 6409)
TABLE OF CONTENTS
- Document Header
- Definitions
- Findings of Fact & Legal Conclusions
- Protective Orders (Operative Provisions)
- Child Custody & Visitation Orders (If Applicable)
- Firearms & Ammunition Surrender
- Service, Notice, & Proof of Service
- Duration, Renewal, & Termination
- Enforcement & Violation Penalties
- Continuing Jurisdiction & Dispute Resolution
- General Provisions
- Execution Block
[// GUIDANCE: Delete any inapplicable bracketed sections before filing. Ensure all blanks are completed and all required attachments (e.g., CLETS information sheet, Judicial Council forms DV-100, DV-110, DV-130) accompany this Order.]
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1. DOCUMENT HEADER
Case No.: [CASE_NUMBER]
Petitioner/Protected Party: [PETITIONER_FULL_NAME]
Respondent/Restrained Party: [RESPONDENT_FULL_NAME]
Related Minors (if any): [MINOR_CHILD_NAMES_AND_DOBs]
This Domestic Violence Protection Order (“Order”) is issued on [EFFECTIVE_DATE] by the Superior Court of California, County of [COUNTY], pursuant to the Domestic Violence Prevention Act, Cal. Fam. Code §§ 6200 – 6409. Jurisdiction, venue, and subject-matter authority are proper in this Court.
2. DEFINITIONS
For purposes of this Order:
“Protected Party(ies)” means the individual(s) identified in the caption as Petitioner and any minor child or other household member expressly listed in Section 1.
“Respondent” means [RESPONDENT_FULL_NAME] and any alias or sobriquet by which Respondent is known.
“Residence” means any dwelling, temporary or permanent, in which a Protected Party resides or is located, including but not limited to vehicles and place of employment or school.
“Contact” includes in-person, telephonic, electronic, social-media, and third-party initiated communication.
“Firearm” and “Ammunition” have the meanings set forth in Cal. Fam. Code § 6215 and Cal. Penal Code § 16150, respectively.
[// GUIDANCE: Add additional defined terms if specialized relief (e.g., animal custody) is requested.]
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3. FINDINGS OF FACT & LEGAL CONCLUSIONS
- The Court finds that Respondent and Protected Party(ies) have or had a qualifying relationship under Cal. Fam. Code § 6211.
- The Court finds by a preponderance of the evidence that Respondent has perpetrated acts constituting “abuse” as defined in Cal. Fam. Code § 6203.
- Good cause exists to issue the relief set forth herein to prevent further abuse, harassment, or intimidation.
- The relief granted is the least restrictive means reasonably necessary to protect the Protected Party(ies) and is narrowly tailored to serve that purpose.
[// GUIDANCE: If the Order is issued ex parte, include specific immediacy findings required by Cal. Fam. Code § 6320.]
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4. PROTECTIVE ORDERS (OPERATIVE PROVISIONS)
Unless modified by subsequent Court order, Respondent SHALL comply with each of the following:
4.1 No Contact
Respondent shall not engage in any Contact with any Protected Party, directly or indirectly, except as explicitly permitted by Section 5 (Child Custody & Visitation) or further Court order.
4.2 Stay-Away
Respondent shall stay at least [DISTANCE_IN_YARDS] yards away from the Residence, place of employment, school, and any other location where a Protected Party is present.
4.3 Residence Exclusion (Move-Out)
Respondent shall immediately and peacefully vacate the shared Residence located at [ADDRESS] and shall not return except for one law-enforcement-supervised retrieval of personal effects within [NUMBER] days of service.
4.4 Property Protection
Respondent shall not take, conceal, or damage any property, documents, identification, or electronic data belonging to a Protected Party.
4.5 Animals
Respondent shall not harm, threaten, or take possession of any animal owned or kept by a Protected Party. Temporary possession and care of the following animals is awarded to the Protected Party: [ANIMAL_DESCRIPTION].
4.6 [Optional] Financial Restraints
Pending further order, Respondent shall not cancel, transfer, encumber, or dispose of any insurance, real property, or financial account held jointly with or solely in the name of a Protected Party.
4.7 [Optional] Peaceful Brief Contact for Court-Scheduled Alternative Dispute Resolution
Limited, court-monitored contact is permitted solely for purposes of attending mandatory mediation on [DATE], provided that a bailiff or mediator is physically present at all times.
[// GUIDANCE: Tailor the above subsections to the specific relief requested in the pleadings.]
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5. CHILD CUSTODY & VISITATION ORDERS (IF APPLICABLE)
5.1 Legal Custody
Sole temporary legal custody of the minor child(ren) identified in Section 1 is awarded to the Petitioner.
5.2 Physical Custody & Visitation
a. Respondent shall have [SUPERVISED/UNSUPERVISED] visitation as follows: [VISITATION_SCHEDULE].
b. All exchanges shall occur at [EXCHANGE_LOCATION] and be supervised by [NAME/AGENCY].
c. Any visitation supervisor must be a Court-approved provider meeting the standards of Cal. Fam. Code § 3200.5.
5.3 Travel & Passport Restrictions
Respondent shall not remove the minor child(ren) from the State of California without prior written Court approval. Petitioner is authorized to hold all passports.
[// GUIDANCE: Omit Section 5 if no minor children are involved.]
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6. FIREARMS & AMMUNITION SURRENDER
6.1 Mandatory Relinquishment
Pursuant to Cal. Fam. Code § 6389, Respondent shall within 24 hours of service:
a. Surrender all Firearms and Ammunition to the custody of local law enforcement or a licensed firearms dealer; and
b. File with the Court a completed “Proof of Firearms Turned In or Sold” form.
6.2 Prohibition
Respondent is prohibited from owning, possessing, purchasing, or receiving any Firearm or Ammunition for the duration of this Order.
[// GUIDANCE: Attach Form DV-800 (Proof of Firearms Turned In or Sold) to facilitate compliance.]
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7. SERVICE, NOTICE, & PROOF OF SERVICE
7.1 Method of Service
Personal service on Respondent shall be effected by any law-enforcement agency or a person at least 18 years of age who is not a party to this action.
7.2 CLETS Entry
Upon issuance, the clerk shall transmit this Order within 1 court day to the California Law Enforcement Telecommunications System (CLETS).
7.3 Proof of Service
Petitioner (or Petitioner’s counsel) shall file the completed Proof of Personal Service (Form DV-200) no later than [DEADLINE_DATE].
[// GUIDANCE: Failure to file timely proof may delay enforcement.]
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8. DURATION, RENEWAL, & TERMINATION
8.1 Term
This Order shall remain in effect until [EXPIRATION_DATE] unless extended, modified, or terminated by further Court order.
8.2 Renewal
A request to renew without a further showing of abuse may be filed pursuant to Cal. Fam. Code § 6345 within the three-month period preceding expiration.
8.3 Early Termination / Modification
Either party may seek modification or dissolution on noticed motion demonstrating good cause. The Court retains discretion to modify any provision consistent with Cal. Fam. Code §§ 6320, 6340.
8.4 Automatic Supersession
This Order is automatically superseded by any later-issued criminal protective order (Cal. Penal Code § 136.2) that is broader in scope but remains concurrently enforceable to the extent it does not conflict.
9. ENFORCEMENT & VIOLATION PENALTIES
9.1 Criminal Liability
Willful violation of this Order is punishable under Cal. Penal Code § 273.6 and may constitute a misdemeanor or felony, carrying possible jail time, fines, and/or probation.
9.2 Civil Contempt
The Court may impose civil contempt sanctions, including coercive incarceration and monetary fines, for non-criminal violations.
9.3 Arrest Authority
Any peace officer with probable cause to believe Respondent violated any provision herein shall arrest Respondent per Cal. Fam. Code § 6384.
9.4 Additional Remedies
Protected Party retains the right to pursue any and all other civil or criminal remedies available at law, including but not limited to tort claims for assault, battery, or intentional infliction of emotional distress.
[// GUIDANCE: Provide Respondent with Judicial Council Form DV-140 “Info on Restraining Order After Hearing” regarding consequences.]
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10. CONTINUING JURISDICTION & DISPUTE RESOLUTION
10.1 Governing Law
This Order is governed by California law, including the Domestic Violence Prevention Act and related provisions of the Family Code and Penal Code.
10.2 Forum
Exclusive jurisdiction and venue for all proceedings arising under or related to this Order lie in the Superior Court of California, County of [COUNTY].
10.3 No Arbitration / No Jury
Matters concerning enforcement or modification of this Order are not subject to arbitration and shall be heard by the Court; jury trial is unavailable in family law proceedings of this nature.
10.4 Injunctive Relief
The equitable injunctions contained herein are primary and continuing remedies. The Court expressly retains jurisdiction to enforce, extend, or modify any injunctive relief as justice requires.
11. GENERAL PROVISIONS
11.1 Severability
If any provision of this Order is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.2 Integration
This writing constitutes the complete and exclusive statement of the Court’s Orders on the matters addressed and supersedes any prior oral or written orders to the extent they conflict.
11.3 Copies
A certified copy of this Order shall have the same force and effect as the original.
11.4 Electronic Signatures
Pursuant to Cal. Civ. Proc. Code § 1010.6 and Superior Court local rules, electronic signatures and electronically-filed copies of this Order are deemed originals.
11.5 Interpreter Services
Either party may request interpreter services in compliance with Gov’t Code § 68560 et seq.
12. EXECUTION BLOCK
IT IS SO ORDERED.
DATED: ________
JUDGE OF THE SUPERIOR COURT
Name: [PRINT_OR_TYPE_JUDGE_NAME]
Department: [DEPARTMENT_NUMBER]
ACKNOWLEDGMENT OF RESPONDENT
(Required only if Respondent was personally present in Court)
I, [RESPONDENT_FULL_NAME], have received a copy of this Order, have read and understand its terms, and agree to comply.
Signature of Respondent Date
PROOF OF SERVICE
(Attach Judicial Council Form DV-200)
[// GUIDANCE:
1. Verify local rules regarding mandatory cover sheets and filing fees (fee waivers generally available under Fam. Code § 6222).
2. Ensure copies are provided to law enforcement, custody mediator, and all counsel of record.
3. For federal enforcement (18 U.S.C. § 2265), ensure Order meets full faith and credit requirements: names, specific terms, and Respondent notice/opportunity to be heard.]
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