California Family Code 6306.5 – (a) (1) Petitions seeking domestic violence restraining …
(a) (1) Petitions seeking domestic violence restraining orders under Chapter 2 (commencing with Section 6320) and domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 may be submitted electronically in every trial court. Courts shall accept these filings consistent with the timeframe in Section 246.
(2) The notice of court date, copies of the request to mail on respondent, and the temporary restraining order, if granted, shall be remitted to the petitioner electronically.
Terms Used In California Family Code 6306.5
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Petitioner: includes plaintiff, where appropriate. See California Family Code 126
- Respondent: includes defendant, where appropriate. See California Family Code 127
- Statute: A law passed by a legislature.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) Notwithstanding paragraph (2), the petitioner may elect to receive documents by regular mail or to retrieve documents from the court.
(b) The Judicial Council shall develop or amend rules and forms as necessary to implement this section.
(c) There shall be no fee for any filings related to a petition submitted electronically in accordance with this section.
(d) This section shall become operative only upon an appropriation of funds for this purpose in the annual Budget Act or other statute.
(Added by Stats. 2021, Ch. 681, Sec. 1. (AB 887) Effective January 1, 2022.)