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Chapter IX, Rules 9.1 to 9.6: a protocol adopted in conformity with California Rules of Court, rule 5.445 and Penal Code section 136.2 for criminal protective orders and custody and visitation orders (Heading); reasonable efforts to determine overlapping cases (9.1); the civil courts' inquiry and data base review before issuing custody or visitation orders, Family Court Services, orders issued subject to a CPO, and the transmittal of restraining orders (9.2 to 9.2.5); the criminal courts' inquiry, data base review, contact for court-ordered visitation and transmittal of CPOs (9.3 to 9.3.4); the restrained person's procedure to request modification of the CPO (9.4 to 9.4.2); a civil court order coexisting with a CPO under Penal Code Section 136.2(f)(1) and (2) (9.5); and motions to modify or terminate protective orders and their entry in CLETS (9.6).
California > Fifth Appellate District > Kern County > Superior Court of California, County of Kern
Chapter IX. Court Communication Protocol for Domestic Violence and Child Custody Orders (Effective 1/1/06; rev. 1/1/20; rev. 7/1/20) This rule provides for a protocol that is adopted in conformity with California Rules of Court, rule 5.445 and Penal Code section 136.2. For the purposes of this rule, the following definitions apply: (a) “Criminal court protective order” (hereafter CPO) means any court order issued under California Penal Code section 136.2 arising from a complaint, an information, or an indictment in which the victim or witness and the defendant have a relationship as defined in California Family Code section 6211. (Effective 1/1/06; rev. 1/1/20) (b) “Court” means all divisions of the Superior Court of the County of Kern. (c) “Civil court” means any court that issues custody and visitation orders, specifically including but not limited to Juvenile, Family Law, and Probate. (d) “Cases involving child custody and visitation” include Family Law (dissolutions, legal separations, nullities, Domestic Violence Prevention Act, parentage, petitions for custody and support, domestic partnership actions, child support matters where custody or visitation is an issue, and any other Family Law matters related to custody or visitation), Juvenile, and Probate guardianship proceedings. (e) This rule is intended to protect the rights of all parties and enhance the ability of law enforcement to enforce orders. (Effective 1/1/20; rev. 7/1/20) The purpose of this rule is to set forth a protocol to accomplish the following: (Effective 1/1/06; renum. 7/1/20) 1. For the courts to share information about the existence and terms of CPOs and other orders regarding child custody and visitation that involve the defendant and the victim or witness named in the CPO. (Effective 1/1/06; renum. 7/1/20) 2. For courts hearing cases involving child custody and visitation to take every action practicable to ensure that they are aware of the existence of any CPO involving the parties to the action currently before them. (Effective 1/1/06; renum. 7/1/20) 3. For criminal courts to take every action practicable to ensure that they are aware of the existence of any child custody or visitation court orders involving the defendant in the action currently before them. (Effective 1/1/06; renum. 7/1/20) 4. For the courts to permit appropriate visitation between a criminal defendant and his or her children pursuant to civil court orders, but at the same time provide for the safety of the protected person by ensuring that a CPO is not violated. (Effective 1/1/06; renum. 7/1/20) This rule is not intended to change the procedures set forth in Family Code section 6380 for the electronic entry of domestic violence restraining orders into the Domestic Violence Restraining Order System. (Effective 1/1/20; renum. 7/1/20) Rule 9.1 Court Communication – Notification of Overlapping Cases (Effective 1/1/06) The courts shall make reasonable efforts, subject to available resources, to determine the existence of any other cases involving a CPO or custody and/or visitation orders regarding a child or party who is involved in an action before the court. If the court becomes aware of the existence of any other case involving the same child or party before the court, subject to available resources, the court clerk in the case before the court shall inform the court in the other overlapping case of the existence of the case before the court. Rule 9.2 Requirements of Civil Courts Issuing Custody and Visitation Orders (Effective 1/1/06) Rule 9.2.1 Inquiry by the Court (Effective 1/1/06) Prior to issuing custody or visitation orders, the Civil Courts should inquire whether there are any CPOs in any court that involve the parties or the children of the parties. Rule 9.2.2 Data Base Review (Effective 1/1/06) The Civil Courts, prior to issuing any order involving custody or visitation, shall make reasonable efforts, subject to available resources, through use of national, state, or local databases or by any other means legally available, to determine if a civil restraining order or CPO exists for any party to the action. If such orders exist, the court should make reasonable efforts, subject to available resources, to obtain those orders prior to making any custody and visitation orders in the case before the Kern County Court. Rule 9.2.3 Family Court Services (Effective 1/1/06) Family Court Services shall make reasonable efforts, subject to available resources, to determine if a CPO exists involving any of the parties in cases where the Civil Court has ordered that a child custody or guardianship investigation be performed by Family Court Services. The result of such searches shall be conveyed to the Court in the Family Court Services’ report. Although the Court may exclude criminal background checks from investigation orders, Family Court Services will report to the Court any CPO it discovers through the process of the investigation. Rule 9.2.4 Custody and Visitation Orders Issued Subject to a CPO (Effective 1/1/06) If a Criminal Court that has issued a CPO authorizes the Civil Court to issue an order that permits contact between a restrained person subject to a CPO and a protected person, for the purpose of permitting custody and visitation between the restrained person and his or her children, such Civil Court order shall be specific. It shall contain language setting forth the specific schedule for the contact and the safe exchange of the children, including the time, day, place, and manner of the transfer of the child. Such an order shall not contain language that conflicts with a CPO that provides for no contact with, or limits access to, the other parent. Rule 9.2.5 Civil Courts Transmitting Temporary and Permanent Restraining Orders and Modifications (Effective 1/1/06) Subject to available resources, when a Civil Court issues custody and visitation orders for a minor child of the parties, and the Civil Court is aware that one of the parties has a criminal case involving a CPO, the court’s clerk shall inform the Criminal Court of the custody and visitation order issued. Rule 9.3 Requirements of Criminal Courts Issuing CPOs (Effective 1/1/06) Rule 9.3.1 Inquiry by the Court (Effective 1/1/06) When the Criminal Court intends to issue a CPO protecting the victim(s), the Criminal Court may inquire, for the purpose stated in this rule, whether there are any children of the relationship between the defendant and the protected person. Rule 9.3.2 Data Base Review (Effective 1/1/06) If there are any minor children of the parties, the Criminal Court may make reasonable efforts, subject to available resources, to determine if a CPO exists for any party to the action, or whether there exists any custody and/or visitation orders for the children of the parties. A data base review to determine this information may be conducted through use of national, state, or local databases, or by any other means legally available. Rule 9.3.3 Custody and Visitation Orders Issued Subject to a CPO (Effective 1/1/06; rev. 7/1/20) A Criminal Court that issues a CPO may permit appropriate contact between a criminal defendant subject to a CPO and the protected person in order to allow Family or Juvenile Court-ordered visitation between a criminal defendant and his or her children. If the Criminal Court permits such contact between the restrained and protected persons, the order for contact shall be indicated on the Judicial Council form entitled Protective Order in Criminal Proceeding (CLETS) and shall comply with the requirements of Penal Code section 136.2(f)(1) and (2). A CPO takes precedence over any civil, family, or juvenile order that has been issued at any time. Rule 9.3.4 Criminal Courts Transmitting CPOs and Modifications (Effective 1/1/06) When the Criminal Court issues or modifies a CPO in cases where there are minor children of the parties, the issuing court’s clerk shall inform any other court that has issued orders for custody and visitation of the existence of the CPO or modification. Rule 9.4 Modification of Criminal Protective Orders (Effective 1/1/06) Rule 9.4.1 Intended Use of This Rule (Effective 1/1/06) This rule is intended to apply to situations in which a custody or visitation order has been issued in the Civil Court which creates a conflict with an existing CPO or where a party wishes to seek from a Civil Court an order for custody and/or visitation which would create a conflict with an existing CPO. Rule 9.4.2 Restrained Person’s Procedure to Request Modification of the CPO (Effective 1/1/06) If a person restrained by a CPO has obtained or intends to obtain an order from the Civil Court for custody of or visitation with a minor child of the parties, in conflict with the CPO, the restrained person must first seek a modification of the CPO from the Criminal Court. The Criminal and Civil Courts may consult regarding any modification. After the hearing, if any modifications of the CPO are made by the Criminal Court, the issuing Criminal Court’s clerk shall inform any other court that has issued orders for custody and visitation or that has jurisdiction over custody and visitation of the children. Rule 9.5 Requirements of Penal Code Section 136.2(f)(1) and (2) (Effective 1/1/06; rev. 1/1/20) A Civil Court order may coexist with a CPO subject to the following conditions: (a) Any order that permits contact between the restrained person and his or her children shall provide for the safe exchange of the children and shall not contain language either printed or handwritten that violates a “no contact order” issued by the Criminal Court. (b) Safety of all parties shall be the court’s paramount concern. The Civil Court shall specify the time, date, place, and manner of transfer of the child as provided in Family Code section 3100. Rule 9.6 Protective Orders; Transmittal/Entry in CLETS; Modifications; Terminations (Effective 7/1/12; rev. 7/1/20) (a) Notwithstanding other statutory requirements, any motion or request submitted for filing for the purpose of modifying or terminating a protective order issued pursuant to Sections 6221 or 6401 of the Family Code; sections 527.6, 527.8, 527.85 of the Code of Civil Procedure; or sections 213.5, 304, 362.4 , or 15657.03 of the Welfare and Institutions Code, or Penal Code section 136.2 must include the at time of submission, the appropriate completed “proposed” Restraining Order After Hearing form adopted by the Judicial Council of California and approved by the Department of Justice. (b) The Court shall, upon granting a motion to modify or terminate the protective order, expedite the filing and entry of Restraining Order After Hearing form for transmittal and/or entering into CLETS in accordance with statutory authority and timelines.
Chapter IX. Court Communication Protocol for Domestic Violence and Child Custody Orders (Effective 1/1/06; rev. 1/1/20; rev. 7/1/20) This rule provides for a protocol that is adopted in conformity with California Rules of Court, rule 5.445 and Penal Code section 136.2. For the purposes of this rule, the following definitions apply: (a) “Criminal court protective order” (hereafter CPO) means any co
Reviewer note: Composed 2026-10-14 (California T4 Kern build 2026-10-14) from BenchPath custody ca/t4/ca-kern/docs/general/local-rules-court-effective-7126.pdf (the court's rule book, its cover “LOCAL RULES OF COURT SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN July 1, 2026”, as fetched 2026-10-14; 1712899 bytes, sha256 374bf0cba1a66f90bd6bea59ca9523d5149362ef14f0d1edc454e76ac5738a83; 138 pages; this part PDF pages 125 to 128, printed pages 124 to 127) with the shared verbatim composer (v2 reflow): the rules (PDF pages 14 to 128) composed as one text and cut at the chapter headings (“Chapter I. General Rules” to “Chapter IX. Court Communication Protocol for Domestic Violence and Child Custody Orders”) and, in Chapters I, III, VI, VII and VIII, at rule or section headings (“Rule 1.8”, “Rule 1.12”, “Rule 3.14”, “Rule 6.10”, “Rule 7.4”, “Section Three – Proceedings”, “Section Six – Attorney Competency Standards”, “Rule 8.10”), each matched once as a whole line; every page's running header (“SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN”, named) and printed page number (“13” to “127”) removed as chrome - 230 chrome lines; lines reflowed into the rules' paragraphs, each chapter heading, rule heading, Preamble, section heading and lettered or numbered subdivision starting a line; Rules 1.17 and 1.21's ruled tables (PDF pages 32 and 33, 38 and 39) set a row a line, its cells left to right (the composer's table rows); the strike report (review/strike-report-2026-10-14.txt) finds no struck run; 27 whitespace-only fixes (build/book-fixes.json: 7 line breaks the reflow left before a reference or an inline list item at the paragraph's own margin, rejoined; 19 runs of rows the reflow ran together, split - Rule 1.8.1's two fee tables and the court's mailing address, Rule 3.3.1's regional courts and their telephone numbers, Rule 3.6(a)'s scale of fees, and the side heading “Preamble” of Chapters VI and VII; 1 word the page break split at its hyphen, closed up - “20-calendar-day”); the vertical-gap, short-line, page-break, false-break, structural-break and row-join audits (review/book-gap-audit-2026-10-14.txt, review/book-short-lines-2026-10-14.txt and its run after the fixes, review/book-extra-audits-2026-10-14.txt) list candidates read one by one (build/book_fixes.py) - the rest kept as printed; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover (PDF page 1), the table of contents (2 to 13) and the index (129 to 138) belong to no card; Appendix A, a separate document, is decided in the document catalog (held for the table lane, with a review task).
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.