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FAMILY CODE SECTION 6340-6347

6340. (a) The court may issue any of the orders described in
Article 1 (commencing with Section 6320) after notice and a hearing.
When determining whether to make any orders under this subdivision,
the court shall consider whether failure to make any of these orders
may jeopardize the safety of the petitioner and the children for whom
the custody or visitation orders are sought. If the court makes any
order for custody, visitation, or support, that order shall survive
the termination of any protective order. The Judicial Council shall
provide notice of this provision on any Judicial Council forms
related to this subdivision.
(b) The court shall, upon denying a petition under this part,
provide a brief statement of the reasons for the decision in writing
or on the record. A decision stating “denied” is insufficient.
(c) The court may issue an order described in Section 6321
excluding a person from a dwelling if the court finds that physical
or emotional harm would otherwise result to the other party, to a
person under the care, custody, and control of the other party, or to
a minor child of the parties or of the other party.

6341. (a) If the parties are married to each other and no other
child support order exists or if there is a presumption under Section
7611 that the respondent is the natural father of a minor child and
the child is in the custody of the petitioner, after notice and a
hearing, the court may, if requested by the petitioner, order a party
to pay an amount necessary for the support and maintenance of the
child if the order would otherwise be authorized in an action brought
pursuant to Division 9 (commencing with Section 3500) or the Uniform
Parentage Act (Part 3 (commencing with Section 7600) of Division
12). When determining whether to make any orders under this
subdivision, the court shall consider whether failure to make any of
these orders may jeopardize the safety of the petitioner and the
children for whom child support is requested, including safety
concerns related to the financial needs of the petitioner and the
children. The Judicial Council shall provide notice of this provision
on any Judicial Council forms related to this subdivision.
(b) An order issued pursuant to subdivision (a) of this section
shall be without prejudice in an action brought pursuant to the
Uniform Parentage Act (Part 3 (commencing with Section 7600) of
Division 12).
(c) If the parties are married to each other and no spousal
support order exists, after notice and a hearing, the court may order
the respondent to pay spousal support in an amount, if any, that
would otherwise be authorized in an action pursuant to Part 1
(commencing with Section 3500) or Part 3 (commencing with Section
4300) of Division 9. When determining whether to make any orders
under this subdivision, the court shall consider whether failure to
make any of these orders may jeopardize the safety of the petitioner,
including safety concerns related to the financial needs of the
petitioner. The Judicial Council shall provide notice of this
provision on any Judicial Council forms related to this subdivision.
(d) An order issued pursuant to subdivision (c) shall be without
prejudice in a proceeding for dissolution of marriage, nullity of
marriage, or legal separation of the parties.

6342. (a) After notice and a hearing, the court may issue any of
the following orders:
(1) An order that restitution be paid to the petitioner for loss
of earnings and out-of-pocket expenses, including, but not limited
to, expenses for medical care and temporary housing, incurred as a
direct result of the abuse inflicted by the respondent or any actual
physical injuries sustained from the abuse.
(2) An order that restitution be paid by the petitioner for
out-of-pocket expenses incurred by a party as a result of an ex parte
order that is found by the court to have been issued on facts shown
at a noticed hearing to be insufficient to support the order.
(3) An order that restitution be paid by the respondent to any
public or private agency for the reasonable cost of providing
services to the petitioner required as a direct result of the abuse
inflicted by the respondent or any actual injuries sustained
therefrom.
(b) An order for restitution under this section shall not include
damages for pain and suffering.

6343. (a) After notice and a hearing, the court may issue an order
requiring the restrained party to participate in a batterer’s program
approved by the probation department as provided in Section 1203.097
of the Penal Code.
(b) (1) Commencing July 1, 2016, if the court orders a restrained
party to participate in a batterer’s program pursuant to subdivision
(a), the restrained party shall do all of the following:
(A) Register for the program by the deadline ordered by the court.
If no deadline is ordered by the court, the restrained party shall
register no later than 30 days from the date the order was issued.
(B) At the time of enrollment, sign all necessary program consent
forms for the program to release proof of enrollment, attendance
records, and completion or termination reports to the court and the
protected party, or his or her attorney. The court and the protected
party may provide to the program a fax number or mailing address for
purposes of receiving proof of enrollment, attendance records, and
completion or termination reports.
(C) Provide the court and the protected party with the name,
address, and telephone number of the program.
(2) By July 1, 2016, the Judicial Council shall revise or
promulgate forms as necessary to effectuate this subdivision.
(c) The courts shall, in consultation with local domestic violence
shelters and programs, develop a resource list of referrals to
appropriate community domestic violence programs and services to be
provided to each applicant for an order under this section.

6344. (a) After notice and a hearing, the court may issue an order
for the payment of attorney’s fees and costs of the prevailing party.
(b) In any action in which the petitioner is the prevailing party
and cannot afford to pay for the attorney’s fees and costs, the court
shall, if appropriate based on the parties’ respective abilities to
pay, order that the respondent pay petitioner’s attorney’s fees and
costs for commencing and maintaining the proceeding. Whether the
respondent shall be ordered to pay attorney’s fees and costs for the
prevailing petitioner, and what amount shall be paid, shall be
determined based upon (1) the respective incomes and needs of the
parties, and (2) any factors affecting the parties’ respective
abilities to pay.

6345. (a) In the discretion of the court, the personal conduct,
stay-away, and residence exclusion orders contained in a court order
issued after notice and a hearing under this article may have a
duration of not more than five years, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party. These
orders may be renewed, upon the request of a party, either for five
years or permanently, without a showing of any further abuse since
the issuance of the original order, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party. The
request for renewal may be brought at any time within the three
months before the expiration of the orders.
(b) Notwithstanding subdivision (a), the duration of any orders,
other than the protective orders described in subdivision (a), that
are also contained in a court order issued after notice and a hearing
under this article, including, but not limited to, orders for
custody, visitation, support, and disposition of property, shall be
governed by the law relating to those specific subjects.
(c) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
(d) If an action is filed for the purpose of terminating or
modifying a protective order prior to the expiration date specified
in the order by a party other than the protected party, the party who
is protected by the order shall be given notice, pursuant to
subdivision (b) of Section 1005 of the Code of Civil Procedure, of
the proceeding by personal service or, if the protected party has
satisfied the requirements of Chapter 3.1 (commencing with Section
6205) of Division 7 of Title 1 of the Government Code, by service on
the Secretary of State. If the party who is protected by the order
cannot be notified prior to the hearing for modification or
termination of the protective order, the court shall deny the motion
to modify or terminate the order without prejudice or continue the
hearing until the party who is protected can be properly noticed and
may, upon a showing of good cause, specify another method for service
of process that is reasonably designed to afford actual notice to
the protected party. The protected party may waive his or her right
to notice if he or she is physically present in court and does not
challenge the sufficiency of the notice.

6346. The court may make appropriate custody and visitation orders
pursuant to the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12) after notice and a hearing under this
section when the party who has requested custody or visitation has
not established a parent and child relationship under subparagraph
(B) of paragraph (2) of subdivision (a) of Section 6323, but has
taken steps to establish that relationship by filing an action under
the Uniform Parentage Act.

6347. (a) Commencing July 1, 2016, in order to ensure that the
requesting party can maintain an existing wireless telephone number,
and the wireless numbers of any minor children in the care of the
requesting party, the court may issue an order, after notice and a
hearing, directing a wireless telephone service provider to transfer
the billing responsibility for and rights to the wireless telephone
number or numbers to the requesting party, if the requesting party is
not the accountholder.
(b) (1) The order transferring billing responsibility for and
rights to the wireless telephone number or numbers to a requesting
party shall be a separate order that is directed to the wireless
telephone service provider. The order shall list the name and billing
telephone number of the accountholder, the name and contact
information of the person to whom the telephone number or numbers
will be transferred, and each telephone number to be transferred to
that person. The court shall ensure that the contact information of
the requesting party is not provided to the accountholder in
proceedings held pursuant to Division 10 (commencing with Section
6200).
(2) The order shall be served on the wireless service provider’s
agent for service of process listed with the Secretary of State.
(3) Where the wireless service provider cannot operationally or
technically effectuate the order due to certain circumstances,
including, but not limited to, any of the following, the wireless
service provider shall notify the requesting party within 72 hours of
receipt of the order:
(A) When the accountholder has already terminated the account.
(B) When differences in network technology prevent the
functionality of a device on the network.
(C) When there are geographic or other limitations on network or
service availability.
(c) (1) Upon transfer of billing responsibility for and rights to
a wireless telephone number or numbers to a requesting party pursuant
to subdivision (b) by a wireless telephone service provider, the
requesting party shall assume all financial responsibility for the
transferred wireless telephone number or numbers, monthly service
costs, and costs for any mobile device associated with the wireless
telephone number or numbers.
(2) This section shall not preclude a wireless service provider
from applying any routine and customary requirements for account
establishment to the requesting party as part of this transfer of
billing responsibility for a wireless telephone number or numbers and
any devices attached to that number or numbers, including, but not
limited to, identification, financial information, and customer
preferences.
(d) This section shall not affect the ability of the court to
apportion the assets and debts of the parties as provided for in law,
or the ability to determine the temporary use, possession, and
control of personal property pursuant to Sections 6324 and 6340.
(e) No cause of action shall lie against any wireless telephone
service provider, its officers, employees, or agents, for actions
taken in accordance with the terms of a court order issued pursuant
to this section.
(f) The Judicial Council shall, on or before July 1, 2016, develop
any forms or rules necessary to effectuate this section.