Solano — Rule 16 – Protective Orders

Source: https://solano.courts.ca.gov/system/files/general/rule_16_july_2026.pdf

Superior Court of California County of Solano

Rule 16 – Protective Orders

16.1 DOMESTIC VIOLENCE (FAMILY CODE § 6200 ET SEQ.)

a. DECLARATION REGARDING EX PARTE NOTICE GENERALLY NOT REQUIRED

An applicant for ex parte restraining orders made pursuant to the Act need not
submit a completed Declaration Re Notice Upon Ex Parte Application for Orders
or a declaration in substantial compliance therewith.

(Subd (a) relettered effective January 1, 2012; adopted as subsection (a) of Rule
5.8 effective July 1, 1988; previously amended effective January 1, 2008, and July
1, 2008.)

b. CONTENTS OF DECLARATIONS IN SUPPORT OF DOMESTIC VIOLENCE
RESTRAINING ORDERS

A mere expression in the declaration of violence or fear will not adequately support
the granting of an ex parte order. The declarations must expressly include (1) the
actual or approximate date(s) of the incidents alleged, (2) a detailed description of
the facts of each incident, and (3) the specific harm caused or threatened.

(Subd (b) relettered and amended effective January 1, 2012; adopted as subsection
(a) of Rule 5.8 effective July 1, 1988; previously amended effective January 1,
2008, and July 1, 2008.)

c. DELIVERY TO LAW ENFORCEMENT AGENCY

To obtain enforcement of temporary restraining orders, applicants or their counsel
shall deliver a copy of such orders to one or more designated law enforcement
agencies. The order shall have a file-endorsed stamp by the Clerk of the Superior
Court in the upper right hand corner and the expiration date of the order shall be
clearly marked on the face of the document. Temporary restraining orders and
orders issued at the order to show cause hearing for delivery to law enforcement
agencies shall include a specific expiration date.

(Subd (c) relettered effective January 1, 2012; previously adopted as subsection (a)
of Rule 5.8 effective July 1, 1988; previously amended effective January 1, 2008.)

d. NOTIFICATION DUTY ON TERMINATION, EXTENSION OR MODIFICATION

Where an order is issued restraining or enjoining domestic violence and that order
is terminated before the expiration date, extended beyond that date or otherwise

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Rule 16 – Protective Orders

modified, the party obtaining relief, or his or her attorney, shall immediately notify
the designated law enforcement agency in writing of such termination, extension or
modification.

(Subd (d) relettered effective January 1, 2012; adopted as subdivision (d) of Rule
5.8 effective July 1, 1988; previously amended effective January 1, 2008; relettered
as subd. (b) of Rule 5.8 effective July 1, 2008.)

e. NOTIFICATION DUTY ON EXTENSION OF TEMPORARY RESTRAINING ORDERS

Where a temporary restraining order is issued ex parte to be effective until the date
set for hearing, and thereafter the hearing date is continued to a subsequent date,
the temporary restraining order shall terminate unless ordered by the court to
remain in effect until a subsequent date. In the event the temporary order is
continued by court order to a subsequent hearing date, applicant shall deliver a copy
of such order to the designated law enforcement agency.

(Subd (e) amended effective January 1, 2008.)

(Rule 16.1 amended and renumbered effective January 1, 2012; adopted as Rule 5.8
effective July 1, 1988; previously amended effective August 1, 2002, January 1, 2008, and
July 1, 2008.)

16.2 CIVIL HARASSMENT (CCP § 527.6)

a. ELIGIBILITY FOR CIVIL HARASSMENT ORDER

Only natural persons may request a restraining order. Entities such as corporations,
partnerships, or companies may not seek a civil harassment order.

(Subd. (a) adopted effective January 1, 2012.)

b. REQUESTING OR RESPONDING TO CIVIL HARASSMENT ORDER ON BEHALF OF
INCAPACITATED ADULT

If a person seeks a civil harassment protective order on behalf of an incapacitated
adult plaintiff, or seeks to respond to a petition for civil harassment protective
orders on behalf of an incapacitated adult defendant, the representative must submit
an application for appointment of guardian ad litem prior to or concurrently with
the appropriate pleading. If the representative has already been appointed as the

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Rule 16 – Protective Orders

protected person’s guardian ad litem or has a power of attorney specifically
granting authority concerning litigation, the guardian ad litem application shall not
be required, but the representative shall provide the court with proof of his or her
authority to act on the incompetent person’s behalf.

(Subd. (b) adopted effective January 1, 2012.)

c. MUTUAL INJUNCTIVE ORDERS

Mutual injunctive orders shall not be granted absent the defendant filing a cross-
complaint and providing proof of sufficient notice of the cross-complaint to the
plaintiff.

(Subd. (c) adopted effective January 1, 2012.)

d. MINOR SUBJECT TO JUVENILE COURT JURISDICTION

If the plaintiff or defendant is a minor previously determined to be subject to
juvenile court jurisdiction, any party with knowledge of that fact shall inform the
court at the earliest opportunity so that the matter may be transferred for hearing to
the juvenile court per CCP section 374.5.

(Subd. (d) adopted effective January 1, 2012.)

e. ADDRESS OF PARENT OR GUARDIAN

In order to enable the court’s compliance with CCP section 372, subdivision (a)(2),
a minor seeking a protective order who appears without a guardian ad litem but
who lives with a parent or guardian shall provide the court with the address of at
least one parent to whom the court shall send the order once it is issued. This
address may be provided at the hearing, or in a confidential declaration filed with
the court.

(Subd. (e) adopted effective January 1, 2012.)

(Rule 16.2 adopted effective January 1, 2012.)

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Rule 16 – Protective Orders

16.3 WORKPLACE VIOLENCE (CCP § 527.8)

a. MINOR SUBJECT TO JUVENILE COURT JURISDICTION

If the plaintiff or defendant is a minor previously determined to be subject to
juvenile court jurisdiction, any party with knowledge of that fact shall inform the
court at the earliest opportunity so that the matter may be transferred for hearing to
the juvenile court per CCP section 374.5.

(Subd. (a) adopted effective January 1, 2012.)

b. ADDRESS OF PARENT OR GUARDIAN

In order to enable the court’s compliance with CCP section 372, subdivision (a)(2),
a minor seeking a protective order who appears without a guardian ad litem but
who lives with a parent or guardian shall provide the court with the address of at
least one parent to whom the court shall send the order once it is issued. This
address may be provided at the hearing, or in a confidential declaration filed with
the court.

(Subd. (b) adopted effective January 1, 2012.)

(Rule 16.3 adopted effective January 1, 2012.)

16.4 POSTSECONDARY SCHOOL VIOLENCE (CCP § 527.85)

a. STUDENT CONSENT TO FILING OF APPLICATION

Proof of a student’s consent to the filing of the application may be shown through
the student’s signature on the petition or the attachment of an original written
consent signed by the student.

(Subd. (a) adopted effective January 1, 2012.)

(Rule 16.4 adopted effective January 1, 2012.)

16.5 ELDER OR DEPENDENT ADULT ABUSE [Reserved]

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