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Dismissal of domestic violence cases when the applicant waives the hearing on a denied temporary restraining order request (Family Code section 6320.5(c)): on a signed written request, where the temporary orders were denied entirely and no other family law matter is pending, the clerk cancels the hearing and dismisses the case without prejudice to refiling. In effect for 2026.
California > Fourth Appellate District > San Diego County > Superior Court of California, County of San Diego
[File stamp: FILED, Clerk of the Superior Court, DEC 31 2025, By: G. Arce-Barraza, Deputy] THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO IN RE DISMISSAL OF DOMESTIC VIOLENCE CASES WHEN APPLICANT WAIVES HEARING ON DENIED REQUEST FOR TEMPORARY RESTRAINING ORDER GENERAL ORDER OF THE PRESIDING DEPARTMENT ORDER NO. 010126-14 In accordance with the authority vested in the Presiding Judge under the California Rules of Court, rule 10.603, and pursuant to the provisions of Family Code section 6320.5(c), IT IS HEREBY ORDERED: Upon the denial of some or all of a request for temporary domestic violence restraining orders and the setting of a noticed hearing for permanent domestic violence restraining orders, the petitioner/applicant has the option of waiving his or her right to the noticed hearing pursuant to Family Code section 6320.5(c). Upon the exercise of this right and the written request by the petitioner/applicant, signed under penalty of perjury, to cancel the noticed hearing, only in those cases where the temporary domestic violence restraining orders have been denied in their entirety, the clerk of the Family Court shall both cancel the hearing and dismiss the case. The case will be dismissed only in those actions that are limited to the request for domestic violence restraining orders and there are no other family law matters before the court. Nothing in this order shall preclude a petitioner/applicant who waives their right to a noticed hearing from refiling a new petition, without prejudice, at a later time. This order shall become effective on January 1, 2026, and expire on December 31, 2026, unless otherwise ordered by this court. IT IS SO ORDERED. DATED: December 31, 2025 [signature] HONORABLE MAUREEN F. HALLAHAN PRESIDING JUDGE
[File stamp: FILED, Clerk of the Superior Court, DEC 31 2025, By: G. Arce-Barraza, Deputy] THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO IN RE DISMISSAL OF DOMESTIC VIOLENCE CASES WHEN APPLICANT WAIVES HEARING ON DENIED REQUEST FOR TEMPORARY RESTRAINING ORDER GENERAL ORDER OF THE PRESIDING DEPARTMENT ORDER NO. 010126-14 In accordance with the authority vested in the Presiding J
Reviewer note: Composed 2026-09-28 (California T3 San Diego build) from BenchPath custody ca/t3/ca-san-diego/go/general_order_010126-14.pdf (69172 bytes, sha256 15137dcd207fd1860617b41f1522d56e167e4f302ac01b965914d4196bd5d465; 2 pages) - the court's own posted PDF, a scan with no usable text layer: transcribed from the rendered page images, every page read against the image; a machine reading (RapidOCR) was used only as a second reader for a word-level diff; every quotation mark, apostrophe, dash and section sign checked in full-resolution crops; pleading line numbers and “///” fill marks omitted; the file stamp and signature bracketed. Printed irregularities are kept as printed.
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
6 verbatim requirements from 4th Circuit Administrative Order 1997-13.