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Chapter 19 (Rules 19.1 to 19.6, each number printed with a closing period): communication among courts on Criminal Protective Orders and child custody and visitation orders, as CRC, 5.445 requires (19.1); orders under Penal Code Section 136.2 between parties in a Family Code Section 6211 relationship (19.2); the inquiries of the District Attorney and the criminal court about minor children and existing orders, and the clerk's check of the court database (19.3); the inquiries of the court issuing child custody or visitation orders and of the Juvenile Court (19.4); orders that do not conflict, contact with the children permitted while the protected party is protected, and safe exchanges under Family Code Section 3100 (19.5); and modification of a Criminal Protective Order only in the criminal proceeding, by written motion with a proposed modified order (JC-Form CR-160), set for hearing at least 10 days from filing on at least 5 days notice (19.6).
California > First Appellate District > Lake County > Superior Court of California, County of Lake
CHAPTER 19. DOMESTIC VIOLENCE CASES (NEW 01/01/2020) 19.1. Purpose (new 1/1/2020) This rule is intended to establish process for communication among courts regarding the existence of Criminal Protective Orders and the existence of child custody and visitation orders so that each Court has knowledge of any such orders to avoid issuance of conflicting orders and so as to permit contact between the restrained party and his or her children, as appropriate, in compliance with the Criminal Protective Order. Further, this rule is intended to set procedures for the modification of Criminal Protective Orders, to allow or to restrict, contact between the restrained person and his or her children, as provided by a custody/visitation order. [Rule required by CRC, 5.445]. (new 1/1/2020) 19.2. Application (new 1/1/2020) This rule applies to any Criminal Protective Order issued pursuant to Penal Code Section 136.2 in which the defendant/restrained party and the victim/protected party in the criminal case have a relationship as defined in Family Code Section 6211. (new 1/1/2020) 19.3. Requirements Of Court Issuing Criminal Protective Orders (new 1/1/2020) A. Upon the application by the District Attorney, or on the motion of the Court, for the issuance of a Criminal Protective Order, the District Attorney shall inquire of the victim/protected party as to whether there are any minor children of the relationship between the defendant/restrained party and the victim/protected party and whether there are any court orders for custody or visitation, or, existing protective/restraining orders involving the defendant/restrained person, the victim/protected person and/or the minor children. B. Upon the application for issuance of a Criminal Protective Order, the criminal Court shall inquire of the defendant/restrained person whether there are any minor children of the relationship between the defendant/restrained person and the victim/protected person and whether there are any court orders for custody or visitation, or, existing protective/restraining orders involving the defendant/restrained person, the victim/protected person and/or the children. C. In the event that there are minor children of the relationship, and it is unknown whether there are current court orders regarding those minor children issued in this County, the criminal Court shall have the clerk of the court check the court database for the existence of orders issued in this County. D. If it is represented that child custody or visitation orders have been or, may have been, issued in another County, the Court shall direct the defendant/restrained party to obtain a copy of any and all such court orders and the Court shall then advise the defendant/restrained party of the process for a request for modification of the Criminal Protective Order to be issued by the court. (new 1/1/2020) 19.4. Requirements Of Court Issuing Child Custody/Visitation Orders (new 1/1/2020) A. Upon the application to the court for the issuance of an order for child custody or visitation in any action, the court shall inquire of the parties whether there has been issued any Criminal Protective Orders, by any court, protecting/restraining any party to the action or the minor children. In the absence of conflicting information, the review of the information set forth in a current Uniform Child Custody Jurisdiction and Enforcement Act Declaration shall be sufficient. B. In the event that there is information, or it is represented, that a Criminal Protective Order has been issued in this County, the Court shall direct the clerk to check the court database for the existence of a Criminal Protective Order and to lodge a copy of the Criminal Protective Order in the file of the action. C. In the event it is represented that a Criminal Protective Order has been issued by a Court in another County or State, the Court shall direct the parties to the action to obtain and provide to the Court a copy of the Criminal Protective Order. The Court may also direct the clerk of the court to make reasonable efforts to determine the existence of a Criminal Protective Order, obtain a copy of the order and lodge the order in the file of the action. D. The Juvenile Court, prior to issuing any order involving custody/visitation or a parenting plan in a juvenile action, shall make a reasonable effort to determine if a Criminal Protective Order is in existence regarding either parent in the action. (new 1/1/2020) 19.5. Issuance Of Orders (new 1/1/2020) A. Criminal Protective Orders. In the issuance of a Criminal Protective Order the Court shall consider whether peaceful contact with the victim/protected person should be allowed for the purpose of allowing defendant/restrained person to have contact with the children pursuant to an existing order for child custody/visitation or pursuant to any order to be issued for child custody/visitation. The Court may act to permit appropriate contact between defendant/restrained party and his or her children while providing for the safety of the protected parties by ensuring the Criminal Protective Order is not violated. B. Child Custody/Visitation Order. In the issuance of a child custody/visitation order, the Court shall consider the existence of a Criminal Protective Order, and, if appropriate, the domestic violence allegations and/or findings, as required by the Family Code, in issuing a child custody/visitation order. The Court shall not act to issue a child custody/visitation order that conflicts, in any manner, with the Criminal Protective Order. The Court may issue a child custody and visitation order that is expressly conditioned upon the modification, as directed by the criminal Court, of the Criminal Protective Order to make the child custody and visitation order effective. Any child custody/visitation order that permits contact between the restrained party and his or her minor children shall provide for the safe exchange of the children and shall specify the time, day and manner of transfer of the child pursuant to Family Code Section 3100. (new 1/1/2020) 19.6. Modification Of Criminal Protective Order (new 1/1/2020) A. An existing Criminal Protective Order issued by the Court may be modified only in the criminal proceeding, by the criminal Court, unless the criminal Court directs the matter be transferred and set on the domestic violence restraining order calendar of the court for modification proceedings regarding the criminal protective order and a child custody/visitation order issued or to be issued by the other Court. B. At the request of defendant/restrained party, the victim/protected party, or on the motion of the Court, the Court may set a hearing on the criminal court calendar, and notice the parties, on the issue of whether an existing criminal protective order should be modified in view of an existing or proposed child custody/visitation orders. The criminal Court shall be provided with the pleadings and orders relevant to the issue of modification of the Criminal Protective Order. C. Unless good cause is shown to be present, a request for modification of a Criminal Protective Order shall be made by a written motion, and supporting application and declaration, showing grounds for the requested modification and the submission of a completed proposed modified Criminal Protective Order (JC-Form CR-160). The motion shall be filed in the criminal action and set for hearing at least 10 days from the date of filing and on at least 5 days notice to all parties. (new 1/1/2020)
CHAPTER 19. DOMESTIC VIOLENCE CASES (NEW 01/01/2020) 19.1. Purpose (new 1/1/2020) This rule is intended to establish process for communication among courts regarding the existence of Criminal Protective Orders and the existence of child custody and visitation orders so that each Court has knowledge of any such orders to avoid issuance of conflicting orders and so as to permit contact between the r
Reviewer note: Composed 2026-10-10 (California T4 Lake build 2026-10-10) from BenchPath custody ca/t4/ca-lake/docs/local-rules/local-rules-january-2026_v2.pdf (the court's rule book, its cover “SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF LAKE LOCAL RULES Effective 1/1/2026”, as fetched 2026-10-10; 852364 bytes, sha256 060a39793172b99fb99a1f839efb8fee0755a6d5c8c03d52d407d1d536399e9d; 69 pages) with the shared verbatim composer (v2 reflow): the rule body (PDF pages 9 to 68; the chapters run on without page breaks) composed once and cut at the twenty chapter headings (“CHAPTER 1 ADOPTION AND APPLICABILITY OF RULES” to “CHAPTER 20 ELECTRONIC FILING”), the chapters reassembling the body exactly: each page's running header (“Superior Court, County of Lake”) and footer (the page number) removed as chrome; lines reflowed into the rules' paragraphs; Rule 5.8's ruled table (Case Plan Disposition Time Standards and Court Events, pages 29 and 30) read cell by cell by the table finder; no struck run on any of the 69 pages (review/strike-report-2026-10-10.txt); 22 whitespace-only fixes (build/book-fixes.json: Rule 5.8's table cells' lettered items and paragraphs set on their own lines (10); Rule 8.6's plans and its item 3 (3); Rule 3.13's history note (1); Rule 11.5's default fee schedule set row by row (1); the subheadings of Rules 3.5 (at a page break) and 4.10(c) set on their own lines (2); Rule 5.9's form number FL-105 and the word “denial” its Rule 5.9(E) prints across three lines set whole (2); and the sentences of Rules 9.4, 10.3 and 5.4(B) rejoined where the composition broke them before an inline item, a dash and a capitalized word (3)) and 1 same-character fix (build/book-captions.json: Rule 16.3(B)'s list of remote proceeding calendars, printed in two columns, set group by group); the vertical-gap, short-line, page-break, bold-line, row and false-break audits find no other; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, the three local forms the book prints (LK-108, LKSC-420 and LK-117) and the index belong to no card.
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.