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Criminal background searches in domestic violence restraining order matters (Family Code section 6306): the court's Background Investigation Unit conducts the searches and its clerks notify law enforcement when the restrained party has an outstanding warrant or is on parole or probation. 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 SEARCH OF CRIMINAL BACKGROUND INFORMATION AND NOTIFICATION TO LAW ENFORCEMENT IN DOMESTIC VIOLENCE RESTRAINING ORDER MATTERS GENERAL ORDER OF THE PRESIDING DEPARTMENT ORDER NO. 010126-28 THIS COURT FINDS AND ORDERS AS FOLLOWS: Pursuant to Family Code section 6306, prior to a hearing on the issuance, renewal, or denial of a request for a Domestic Violence Prevention Act restraining order, or when determining temporary custody and visitation orders, courts are required to ensure that a search is conducted to determine if the person to be restrained has any: prior criminal convictions for a violent felony specified in Penal Code section 667.5 or a serious felony specified in Penal Code section 1192.7; prior misdemeanor convictions involving domestic violence, weapons, or other violence; outstanding warrants; registered firearms; prior restraining orders; violations of prior restraining orders; or is currently on parole or probation. (Fam. Code, § 6306 (a).) If the results of the search reveal that the person to be restrained has an outstanding warrant, is currently on parole or probation, and/or owns a registered firearm or ammunition and the court makes a finding that the firearm/ammunition has not been relinquished as required, the court must order the clerk to immediately notify, by the most effective means available, the appropriate law enforcement officials, including the appropriate parole or probation officer, of the issuance and contents of any protective order and of any other information obtained through the search that the court determines appropriate. (Fam. Code, § 6306 (e), (f).) The court’s Background Investigation Unit (“BIU”) is the authorized department conducting the requisite criminal background searches for domestic violence restraining order matters. To ensure prompt notification to law enforcement, the court orders the clerks of the BIU to immediately notify the appropriate law enforcement officials, as provided in Family Code section 6306, if the results of a search reveal that the restrained party has an outstanding warrant or is currently on parole or probation. Nothing in this order precludes additional notification to law enforcement as ordered by the judicial officer assigned to the domestic violence matter. 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 SEARCH OF CRIMINAL BACKGROUND INFORMATION AND NOTIFICATION TO LAW ENFORCEMENT IN DOMESTIC VIOLENCE RESTRAINING ORDER MATTERS GENERAL ORDER OF THE PRESIDING DEPARTMENT ORDER NO. 010126-28 THIS COURT FINDS AND ORDERS AS FOLLOWS: Pursuant t
Reviewer note: Composed 2026-09-28 (California T3 San Diego build) from BenchPath custody ca/t3/ca-san-diego/go/general_order_010126-28.pdf (94484 bytes, sha256 50e3ebeebf8d2a5101c95fe80cad064028b0da6bbea55056ae0a8c1812dc1dad; 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.