Title
Title
Rules and Forms | Protective Orders: Implementation of Senate Bill 459 (Action Required)
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Summary
Summary
To implement Senate Bill 459 (Stats. 2023, ch. 874), the Family and Juvenile Law Advisory Committee recommends the adoption of a new series of domestic violence restraining order forms to allow either party to request to change or end a domestic violence restraining order. The proposal also recommends changes to existing family law forms and a family law rule of court to reflect the new proposed process. The recommended changes will help parties, attorneys, and court professionals understand the procedures to modify or terminate orders made in a domestic violence restraining order.
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Recommendation
Recommendation
To implement the requirements of SB 459, the Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective January 1, 2025:
1. Amend rule 5.92 of the California Rules of Court to reflect that new forms are to be used for requesting a modification of an existing domestic violence restraining order and to reflect other recent changes in law;
2. Adopt eight new domestic violence (DV) forms:
* Request to Change or End Restraining Order (form DV-300);
* Request to Change Child Custody and Visitation Orders (form DV-305);
* Notice of Court Hearing and Temporary Order to Change or End Restraining Order (form DV-310);
* Request to Reschedule Hearing to Change or End Restraining Order (form DV-315);
* Order to Reschedule Hearing to Change or End Restraining Order (form DV-316);
* Response to Request to Change or End Restraining Order (form DV-320);
* Response to Request to Change Child Custody and Visitation Orders (form DV-325); and
* Order on Request to Change or End Restraining Order (form DV-330);
3. Approve one new DV form, How Do I Ask to Change or End a Domestic Violence Restraining Order? (form DV-300-INFO);
4. Revise one DV form, City and State Where Children Lived (form DV-105(A));
5. Revise fou...
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