Legal Statutes: California

UPDATED October 22, 2012

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• California Codes (select sections)
  • Civil Code
    • Division 3. Obligations
      • Part 3. Obligations Imposed by Law
        • 1708.7. Stalking; tort action; damages and equitable remedies
      • Part 4. Obligations Arising from Particular Transactions
        • Title 5. Hiring
          • Chapter 2. Hiring of Real Property
            • 1946. Renewable hiring; notice of termination
            • 1946.7. Victims of domestic violence, sexual assault, or stalking; written notice to terminate tenancy; requirements of notice
  • Code of Civil Procedure
    • Part 2. Of Civil Actions
      • Title 3. Of the Parties to Civil Actions
        • Chapter 3. Disability of Party
          • 372. Minors, incompetent persons or persons for whom conservator appointed; appearance by guardian, conservator or guardian ad litem; powers; disposition of moneys recovered; waiver of juvenile law rights
      • Title 5. Jurisdiction and Service of Process
        • Chapter 4. Service of Summons
          • Article 2. Persons Who May Serve Summons
            • 414.10. Authorized persons
      • Title 7. Other Provisional Remedies in Civil Actions
        • Chapter 3. Injunction
          • 525. Definition; grant; enforcement
          • 526. Cases in which authorized; restrictions on grant
          • 527. Grants before judgment upon verified complaint or affidavits; service; notice; procedures; application; fees
          • 527.6. Harassment; temporary restraining order and injunction; procedure; domestic violence; support person; costs and attorney fees; punishment
          • 527.8. Employees subject to unlawful violence or threat of violence at the workplace; temporary restraining order; injunction; constitutional protections for speech and activities
    • Part 3. Of Special Proceedings of a Civil Nature
      • Title 5. Of Contempts
        • 1218 Determination of guilt; punishment; restrictions on enforcement of orders by party in contempt; action for contempt of domestic violence prevention order
      • Title 11.6. Civil Action Mediation
        • 1775.1. Definitions
        • 1775.2 Application of title
  • Family Code
    • Division 6. Nullity, Dissolution, and Legal Separation
      • Part 3. Dissolution of Marriage and Legal Separation
        • Chapter 2. Grounds for Dissolution or Legal Separation
          • 2310. Grounds for dissolution or legal separation
          • 2311. Irreconcilable differences defined
          • 2312. Incurable insanity
        • Chapter 3. Residence Requirements
          • § 2320. Entry of judgment of dissolution; entry of judgment for dissolution, nullity, or legal separation of a marriage between persons of the same sex
    • Division 8. Custody of Children
      • Part 1. Definitions and General Provisions
        • Chapter 1. Definitions
          • 3000. Construction of division
          • 3002. Joint custody
          • 3003. Joint legal custody
          • 3004. Joint physical custody
          • 3006. Sole legal custody
          • 3007. Sole physical custody
        • Chapter 2. General Provisions
          • 3010. Custody of unemancipated minor children
          • 3011. Best interest of child; considerations
      • Part 2. Right to Custody of a Minor Child
        • Chapter 1. General Provisions
          • 3020. Legislative findings and declarations; health, safety, and welfare of children; continuing contact with parents
          • 3021. Application of part
          • 3022. Order for custody
          • 3022.3. Statement of decision
          • 3022.5. Motion by parent for reconsideration of child custody order after conviction of spouse for false accusation of child abuse against parent
          • 3023. Sole contested issue or order for separate trial on issue; preference for trial date
          • 3024. Notice to other parent of change of residence of child
          • 3025. Parental access to records
          • 3025.5. Psychological evaluations of children; confidentiality; exceptions
          • 3026. Family reunification services
          • 3027. Allegations of child abuse or child sexual abuse
          • 3027.1. False accusations of child abuse or neglect during child custody proceedings; knowledge; penalties
          • 3027.5. Sexual abuse of child; report or treatment; limitations on custody or visitation
          • 3028. Compensation; failure to assume caretaker responsibility; thwarting of other parent's visitation or custody rights; attorney's fees
          • 3029. Noncustodial parent's liability for support if custodial parent is receiving AFDC assistance; order
          • 3030. Sex offenders; murderers; custody and visitation; child support; disclosure of information relating to custodial parent
          • 3030.5. Modification or termination of order for physical or legal custody or unsupervised visitation order; sex offenders required to be registered
          • 3031. Protective or restraining orders; findings; transfer of children; detail specific custody or visitation orders; required presence of third party
          • 3032. Pilot program to provide interpreter in child custody or protective order cases; lack of English proficiency and financial ability of party; report to legislature
        • CHAPTER 2 Matters to be Considered in Granting Custody
          • 3040. Order of preference
          • 3041. Custody award to nonparent; findings of court; hearing
          • 3041.5. Controlled substances or alcohol abuse testing of persons seeking custody or visitation; grounds for testing; confidentiality of results; penalties for unauthorized disclosure
          • 3042. Preference of child; custody or visitation; examination of child witnesses; addressing the court; means other than direct testimony; determination of wish to express preference; rule of court
          • 3043. Nomination of guardian by parent
          • 3044. Presumption against persons perpetrating domestic violence
          • 3046. Party absence or relocation from residence; consideration; interference with contact; application
          • 3047. Modification of custody or visitation orders; military duty, temporary duty, mobilization, or deployment as justification; temporary custody orders; ability to appear at hearing; legislative intent
          • 3048. Required contents for custody or visitation orders; risk of child abduction; risk factors and preventative measures; notation of preventative conditions on minute order of court proceedings; Child Abduction Unit; child custody order forms
        • CHAPTER 3 Temporary Custody Order During Pendency of Proceedings
          • 3060. Petition for temporary custody order
          • 3061. Agreement or understanding on custody; temporary custody order
          • 3062. Ex parte temporary custody orders; hearing; extension of order if responding party avoiding jurisdiction
          • 3063. Order restraining removal of child from state
          • 3064. Restrictions on ex parte orders granting or modifying custody order
        • CHAPTER 4 Joint Custody
          • 3080. Presumption of joint custody
          • 3081. Application by parents; custody investigation
          • 3082. Statement of reasons for grant or denial
          • 3083. Contents and construction of joint legal custody order
          • 3084. Rights of parents to physical control of child
          • 3085. Grant of joint legal custody without joint physical custody
          • 3086. Orders of joint physical custody or joint legal custody; designation of primary caretaker and primary home of child
          • 3087. Modification or termination of joint custody order; statement of reasons
          • 3088. Modification of custody order to joint custody order
          • 3089. Conciliation court; consultation by court or parties
        • CHAPTER 5 Visitation Rights
          • 3100. Joint custody orders; visitation rights; domestic violence prevention orders; transfer of children; detail specific orders; confidentiality of shelter locations
          • 3101. Stepparent's visitation rights
          • 3102. Deceased parent; visitation rights of close relatives; adoption of child
          • 3103. Grandparent's rights; custody proceeding
          • 3104. Grandparent's rights; petition by grandparent
          • 3105. Former legal guardians; visitation rights
        • CHAPTER 7 Action for Exclusive Custody
          • 3120. Action for exclusive custody; order
          • 3121. Attorney’s fees and costs; findings; temporary order; default; statewide rule of court
        • CHAPTER 11 Mediation of Custody and Visitation Issues
          • Article 1. General Provisions
            • 3160. Mediators; availability; duties of court
            • 3161. Purpose of mediation proceedings
            • 3162. Uniform standards of practice; contents; adoption by judicial council
            • 3163. Local rules; development
            • 3164. Qualifications of mediators
            • 3165. Continuing education; clinical supervisors of evaluators, investigators, and mediators
          • Article 2. Availability of Mediation
            • 3170. Setting matters for mediation; guidelines for handling domestic violence cases
            • 3171. Stepparent or grandparent visitation; setting matter for mediation; waiver of parental right to object or require a hearing
            • 3172. Paternity disputes; availability of mediation proceedings
            • 3173. Mediation of disputes relating to existing custody or visitation orders; filing of petition
          • Article 3. Mediation Proceedings
            • 3175. Setting matter before or concurrent with hearing
            • 3176. Notice of mediation and hearing
            • 3177. Confidentiality of proceedings
            • 3178. Restrictions on mediation agreements
            • 3179. Modification of agreements
            • 3180. Duties of mediators
            • 3181. Domestic violence history between the parties; separate meetings; intake forms
            • 3182. Authority of mediators; exclusion of counsel; exclusion of domestic violence support person
            • 3183. Child custody recommending counseling; written report provided to parties and counsel; investigation when agreement not reached; restraining order to protect child well-being
            • 3184. Appointment of counsel to represent minor child; recommendations
            • 3185. Failure to reach mediation agreement; visitation rights hearing
            • 3186. Report of agreement; confirmation or incorporation of agreement in order
            • 3188. Confidential mediation program
        • CHAPTER 12 Counseling of Parents and Child
          • 3190. Court order to participate in counseling; costs
          • 3191. Goals of outpatient counseling
          • 3192. Separate counseling sessions; history of abuse in family relationship
      • Part 3. Uniform Child Custody Jurisdiction and Enforcement
        • CHAPTER 1 General Provisions, Sec 3402-3405
        • CHAPTER 2 Jurisdiction, Sec 3421- 3426
        • CHAPTER 3 Enforcement, Sec 3443 - 3453
    • Division 9. Support
      • Part 2. Child Support
        • Chapter 2. Court-Ordered Child Support
          • Article 1. General Provisions
            • 4001. Order for support
            • 4002. Enforcement of right of support; reimbursement of county
            • 4003. Separate trial; calendar preference; joinder with custody
          • Article 2. Statewide Uniform Guideline
            • 4055. Statewide uniform guidelines for determining child support
    • Division 10. Prevention of Domestic Violence
      • Part 1. Short Title and Definitions, Secs 6200-6219
      • Part 2. General Provisions, Secs. 6220-6228
      • Part 3. Emergency Protective Orders
        • CHAPTER 1. General Provisions, Secs. 6240-6241
        • CHAPTER 2. Issuance and Effect of Emergency Protective Order, Secs. 6250-6257
        • CHAPTER 3. Duties of Law Enforcement Officer, Secs. 6270-6275
      • Part 4. Protective Orders and Other Domestic Violence Prevention Orders
        • CHAPTER 1. General Provisions, Secs. 6300-6306
        • CHAPTER 2. Issuance of Orders
          • Article 1. Ex Parte Orders, Secs. 6320-6327
          • Article 2. Orders Issuable After Notice and Hearing, Secs. 6340-6346
          • Article 3. Orders Included in Judgment, Secs. 6360-6361
        • CHAPTER 3. Registration and Enforcement of Orders, Secs. 6380-6389
      • PART 5. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, Secs., 6400-6409
  • Welfare and Institutions Code (incl. elder abuse)
    • Division 9. Public Social Services
      • Part 3. Aid and Medical Assistance
        • CHAPTER 11 Elder Abuse and Dependent Adult Civil Protection Act
          • Article 8.5. CIVIL ACTIONS FOR ABUSE OF ELDERLY OR DEPENDENT ADULTS
            • Sec. 15657.03 Protective orders
  • Penal Code
    • Preliminary Provisions
      • 17. Felony; misdemeanor; infraction; classification of offenses
    • Part 1 Of Crimes and Punishments
      • Title 7 Of Crimes Against Public Justice
        • Chapter 6 Falsifying Evidence, and Bribing, Influencing, Intimidating, or Threatening Witnesses
          • 136.2. Court orders available in response to good cause belief of harm to, intimidation of, or dissuasion of victim or witness; precedence of emergency protective orders for enforcement purposes; violation of orders; firearms; protocol promulgated by Judicial Co
      • Title 8 Of Crimes Against the Person
        • Chapter 3. Kidnapping
          • 207. Kidnapping defined
        • Chapter 8. False Imprisonment
          • 236. Definition
        • Chapter 9. Assault and Battery Assault and Battery
          • 240. Assault defined
          • 241. Assault; punishment
          • 242. Battery defined
          • 243. Battery; punishment
          • 243.4. Sexual battery
      • Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals
        • Chapter 1. Rape, Abduction, Carnal Abuse of Children, and Seduction
          • 261. Rape defined
          • 261.5. Unlawful sexual intercourse with person under 18; age of perpetrator; civil penalties
          • 261.6. Consent; current or previous dating or marital relationship; admissibility of evidence or burden of proof
          • 261.7. Evidence that victim requested that defendant use condom or other birth control device; consent
          • 262. Rape of a spouse; elements; conditions of probation; fines, payments, or restitution
          • 266c. Unlawful sexual intercourse, sexual penetration, oral copulation, or sodomy; consent procured by false or fraudulent representation with intent to create fear; punishment
        • Chapter 2 Abandonment and Neglect of Children
          • 273.6 Intentional and knowing violation of court order to prevent harassment, disturbing the peace, or threats or acts of violence; penalties
        • Chapter 5. Bigamy, Incest, and the Crime Against Nature
          • 286. Sodomy; punishment
          • 288a. Oral copulation; punishment
          • 289. Forcible acts of sexual penetration; punishment
      • Title 15. Miscellaneous Crimes
        • Chapter 2. Of Other and Miscellaneous Offenses
          • 646.9. Stalking
          • 653m. Telephone calls or contact by electronic communication device with intent to annoy
    • Part 6. Control of Deadly Weapons
      • Title 4. Firearms
        • Division 9. Special Firearm Rules Relating to Particular Persons
          • Chapter 2. Person Convicted of Specified Offense, Addicted to Narcotic, or Subject to Court Order
            • Article 1. Prohibitions on Firearm Access
              • 29825. Persons restricted from purchasing, receiving, owning, or possessing firearm by temporary restraining order, injunction, or protective order; punishment for violation; probation; notice of restriction on protective order
  • Labor Code
    • Division 2. Employment Regulation and Supervision
      • Part 1. Compensation
        • Chapter 1. Payment of Wages
          • Article 1. General Occupations
            • 230. Jury duty; legal actions by domestic violence and sexual assault victims; right to time off; reinstatement and reimbursement; misdemeanor; right to file complaint with Division of Labor Standards Enforcement
            • 230.1. Employers with 25 or more employees; domestic violence and sexual assault victims; right to time off

CHAPTER 2 Matters to be Considered in Granting Custody

back to top3046. Party absence or relocation from residence; consideration; interference with contact; application

(a) If a party is absent or relocates from the family residence, the court shall not consider the absence or relocation as a factor in determining custody or visitation in either of the following circumstances:

(1) The absence or relocation is of short duration and the court finds that, during the period of absence or relocation, the party has demonstrated an interest in maintaining custody or visitation, the party maintains, or makes reasonable efforts to maintain, regular contact with the child, and the party's behavior demonstrates no intent to abandon the child.

(2) The party is absent or relocates because of an act or acts of actual or threatened domestic or family violence by the other party.

(b) The court may consider attempts by one party to interfere with the other party's regular contact with the child in determining if the party has satisfied the requirements of subdivision (a).

(c) This section does not apply to either of the following:

(1) A party against whom a protective or restraining order has been issued excluding the party from the dwelling of the other party or the child, or otherwise enjoining the party from assault or harassment against the other party or the child, including, but not limited to, orders issued under Part 4 (commencing with Section 6300) of Division 10, orders preventing civil harassment or workplace violence issued pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, and criminal protective orders issued pursuant to Section 136.2 of the Penal Code.

(2) A party who abandons a child as provided in Section 7822.