(a)An order may be issued under this part to restrain any person for the purpose specified in Section 6220, if an affidavit or testimony and any additional information provided to the court pursuant to Section 6306, shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse. The court may issue an order under this part based solely on the affidavit or testimony of the person requesting the restraining order.
(b)An ex parte restraining order issued pursuant to Article 1 (commencing with Section 6320) shall not be denied solely because the other party was not provided with notice.
(c)An ex parte request
for a protective order, as defined in Section 6218, shall not be rejected for filing by the court clerk if it is submitted on mandatory Judicial Council forms, includes all of the forms required to issue an order, and identifies the party submitting the request and the party who is the subject of the requested order.
Notes of Decisions
Cited in
61
cases (
32 in the last 5 years), 2000–2026 · leading case:
Gdowski v. Gdowski, 175 Cal. App. 4th 128 (Cal. Ct. App. 2009).
Gdowski v. Gdowski, 175 Cal. App. 4th 128 (Cal. Ct. App. 2009).
· cites it 2× “*137 Family Code section 6300, part of the Domestic Violence Prevention Act (Fam.”
Alanis-Alvarado v. Holder, 558 F.3d 833 (9th Cir. 2009).
· cites it 2× “Cal. Fam. Code § 6300 . When a court has enjoined a person from, for example, telephoning his domestic partner in the context of a domestic violence protective order, the injunction involves protection against threats and harassment.”
Priscila N. v. Leonardo G., 226 Cal. Rptr. 3d 221 (Cal. Ct. App. 5th 2017).
· cites it 2× “" The family court invited appellate review of its decision because such review "would give some clarity to the existing statutory regime.”
Bookout v. Nielsen, 67 Cal. Rptr. 3d 2 (Cal. Ct. App. 2007).
“” (Fam. Code, § 6300.) 3 “ ‘Burden of proof’ means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.”
Herriott v. Herriott, 244 Cal. Rptr. 3d 755 (Cal. Ct. App. 5th 2019).
“) Under the DVPA, a court is authorized to issue a protective order enjoining a party from engaging in specific acts of harassment or abuse against a cohabitant or former cohabitant.”
Annette F. v. Sharon S., 2004 Cal. Daily Op. Serv. 5744 (Cal. Ct. App. 2004).
“…there is evidence that “shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse.” (Fam. Code, § 6300.)”
Szalai v. Holder, 572 F.3d 975 (9th Cir. 2009).
“at 838 , quoting Cal. Fam.Code § 6300. However, a FAPA restraining order imposes a similar threshold requirement and more.”
Alanis-Alvarado v. Mukasey, 541 F.3d 966 (9th Cir. 2008).
· cites it 2× “Cal. Fam. Code § 6300 . When a court has 12136 ALANIS-ALVARADO v.”
Oriola v. Thaler, 2000 Cal. Daily Op. Serv. 8598 (Cal. Ct. App. 2000).
“” (Fam. Code, § 6300.) “Domestic violence” is defined in section 6211 of the DVPA as “abuse perpetrated against any of the following persons: “(a) A spouse or former spouse.”
San Diego Police Dep't v. Geoffrey S. (Cal. Ct. App. 2022).
· cites it 3× “Family Code section 6300, subdivision (a) states that a DVRO may be issued “based solely on the affidavit or testimony of the person requesting the restraining order.”
Marriage of M.P. & M.C. (Cal. Ct. App. 2025).
· cites it 3× “” (Fam. Code, § 6300.) Because the DVPA defines abuse and domestic violence to include acts of abuse committed against a child of the abuser (id.”
Priscila N. v. Leonardo G. (Cal. Ct. App. 2017).
· cites it 2× “” The family court invited appellate review of its decision because such review “would give some clarity to the existing statutory regime.”
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