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Cal. Fam. Code § 6301 : CALIFORNIA FAMILY CODE — PREVENTION OF DOMESTIC VIOLENCE — PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS — GENERAL PROVISIONS — [Effective 1/1/2025] Persons granted order; household vacated to avoid abuse; length of time since most recent act
(a) An individual need not be a resident of the state to file a petition for an order under this part. A petition for an order under this part may be filed in any superior court in this state, consistent with Section
410.10 of the Code of Civil Procedure, which may include, but is not limited to:
(1) The county in which the petitioner resides or is temporarily located.
(2) The county in which the defendant resides.
(3) The county in which the offense occurred.
(4) Any other court that may have jurisdiction over the parties or the subject matter of the case.
(b) An order under this part may be granted to any person described in Section 6211, including a minor pursuant to subdivision (b) of Section
372 of the Code of Civil Procedure.
(c) The right to petition for relief shall not be denied because the petitioner has vacated the household to avoid abuse, and in the case of a marital relationship, notwithstanding that a petition for dissolution of marriage, for nullity of marriage, or for legal separation of the parties has not been filed.
(d) The length of time since the most recent act of abuse is not, by itself, determinative. The court shall consider the totality of the circumstances in determining whether to grant or deny a petition for relief.
Ca. Fam. Code § 6301
Amended by Stats 2024 ch 652 (SB 554),s 2, eff. 1/1/2025.
Amended by Stats 2015 ch 303 (AB 731),s 150, eff. 1/1/2016.
Amended by Stats 2014 ch 635 (AB 2089),s 5, eff. 1/1/2015.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
