California Family Code 6320

California Family Code 6320 Attorney

Understanding and navigating domestic violence laws in California can be complex and overwhelming, especially if there are children involved in your case. Whether you are a victim of domestic violence or if you have been accused of such behavior, understanding the definitions and procedures associated with California Family Code 6320 – FAM § 6320 can help you form and implement an optimal legal strategy to protect your children and family.

At Quinn & Dworakowski, LLP, our family law attorneys have many years of experience in domestic violence cases. We’re prepared to offer you compassionate legal guidance.

Ex Parte Orders in California Domestic Violence Cases

An ex parte order is a legal decision implemented by a judge in response to the request of a certain individual without requiring the presence or giving notice to the other party in the case. In the broader framework of domestic violence prevention and the California Family Code, an ex parte order gives immediate protection to individuals who are facing threats of violence in a domestic setting. These orders can involve temporary requirements or restrictions against another party.

Under California Family Code 6320, a California court can order an ex parte order to prevent an individual from doing the following against the requesting party:

• Contacting the individual directly or indirectly by any means.
• Being within a certain distance of the individual.
• Striking, stalking, attacking, threatening, molesting, battering, or sexually assaulting the individual.
• Destroying the individual’s personal property.
• Harassing the individual, such as calling them repeatedly.

In cases that involve other family members who are subject to threats of such actions outlined in Section 6320, the order may be extended to include the protection of such household or family members as well. Notably, these protections can also be extended to animals. A skilled and experienced family lawyer from Quinn & Dworakowski, LLP, can help you understand and navigate the complex legal landscape associated with ex parte orders.

Disturbing the Peace

The court can also issue an ex parte order to keep an individual from disturbing the peace of the other party. However, in certain situations, it may be difficult to determine and define disturbing the peace. According to California Family Code 6320, disturbing the peace is any behavior that destroys the emotional or mental calm of another party and is based on the general circumstances involved.

Disturbing the peace can include indirect or direct actions, including behavior that uses means like online communication, text messages, phone calls, or interaction through social media. Third parties can also be involved in actions that are said to be disturbing the peace of another party.

Coercive control is also considered to be a type of behavior that contributes to disturbing the peace of another party. Examples of coercive control include keeping the party from basic necessities and requirements, isolating them from social support networks and groups, as well as coercing them through intimidation, force, or threat. Threats related to the party’s immigration status are also covered in this statute.

Furthermore, controlling and monitoring communications, daily conduct, economic resources, or access to services is considered to be coercive control. Any actions that involve reproductive coercion, such as pressuring the party to get pregnant, tampering or interfering with their contraception, or forcing certain pregnancy outcomes, are also clearly defined as coercive control.

Disturbing the peace includes the comprehensive and multidimensional nature of domestic violence, which not only can negatively influence physical outcomes but also mental health and general well-being. A dedicated and supportive family lawyer from Quinn & Dworakowski, LLP, can help you understand whether certain behaviors in your domestic case constitute actions that could permit the issuance of an ex parte order under Section 6320.

FAQs

Q: What Is the CA FAM Code for Child Support?

A: The California Family Code for child support defines the guidelines and subsequent regulations for creating and enforcing child support arrangements in the state. The statutes that primarily address child support obligations and family law cases are in Division 9, Part 2, and involve Sections 4000 through 4253. A skilled and experienced family lawyer can help you understand how the California Family Code for child support may apply to your particular case.

Q: What Is Section 6321 in the California Family Code?

A: Section 6321 of the California Family Code covers the ability of the court to implement temporary custody and visitation orders pertaining to a child under 18 in domestic violence cases. This section empowers the court to immediately act in order to protect the welfare of the child in advance of a full hearing for the child custody case.

Q: What Is a Presumed Father in the California Family Code?

A: In California Family Code, the presumed father is a male individual who is considered to be the legal father of a child due to certain conditions, such as carrying out certain procedures to hold the child as their own or being married to the mother during the time of the child’s birth. Sections 7540 through 7581 of the California Family Code outline certain provisions that can help determine who is known as a presumed father in a family law case.

Q: What Is the California Family Code for Child Preference?

A: Section 3042 of the California Family Code addresses the preference of a child regarding custody decisions. Section 3042 clearly states that the court should take into consideration the custody preference of a child who is old enough and of adequate capacity to reason and have a specific preference. To understand how child preference may impact your child custody case, it is important to work with an experienced family lawyer.

Understand and Navigate the Implications of California Family Code 6320 – FAM § 6320

If you are involved in a domestic violence case in California, this can have a serious impact on the child custody arrangement in your family. An experienced and knowledgeable family lawyer from Quinn & Dworakowski, LLP, can help you understand how Section 6320 and other domestic violence statutes may impact your case, working to implement a comprehensive legal strategy to pursue optimal outcomes for your child and family. Contact us today.