Loading…
Rule 19 (Rules 19.0 to 19.5): the protocol for domestic violence and child custody orders - its principles, including the Family Code § 3044 presumption (Rule 19.0); the Criminal Court's referral to the Unified Family Court, which may modify a criminal protective order as to minor children only when the criminal judge authorizes it (Rule 19.1); the procedure in the Unified Family Court - the Domestic Violence Calendar, cross-referenced orders registered on CLETS, Family Court Services orientation and mediation, and the Unified Family Court Case Manager (Rule 19.2); and protective order searches in juvenile dependency, juvenile justice and probate guardianship proceedings (Rules 19.3 to 19.5).
California > First Appellate District > San Francisco County > Superior Court of California, County of San Francisco
19 Court Communication Protocol for Domestic Violence and Child Custody Orders; Modifications of Criminal Protective Orders; Referrals from Criminal to Unified Family Court; Procedures in Juvenile and Probate Courts 19.0 Statement of Principles and Goals. A. This protocol is adopted to reflect the joint goals of protecting all victims of domestic violence and promoting the best interests of children. Exposure to violence within the home and between parents can result in long term emotional and behavioral damage to minor children. Severing all contact between an offending parent and the children may exacerbate the harm and not be in the best interests of the children or family unit. The Unified Family Court has programs and services, such as supervised visitation and parenting education programs, that enable children to have visitation with an offending parent in a safe and constructive setting. At the discretion of the Judge presiding over a domestic violence criminal case, a referral can be made to the Unified Family Court giving the latter Court the authority to modify a criminal protective order as to minor children. B. This protocol recognizes the statutory preference given to criminal protective orders. Such orders will not be modified by the Unified Family Court unless specifically authorized by the Judge in the criminal proceeding. C. A plea or conviction of domestic violence in the Criminal Division triggers the presumption regarding physical and legal custody set forth in Family Code § 3044. D. Services and programs are available through the Unified Family Court to provide and facilitate safe parent-child contact and assist people in providing violence free parenting to their children. E. Courts hearing cases involving child custody and visitation will take every action practicable to ensure that they are aware of the existence of any protective orders involving the parties to the action currently before them. 19.1 Procedure in Criminal Court. A. When the Criminal Court does or has issued a protective order from the minor children of the defendant: 1) The Court may, at the Judge’s discretion: a. Allow the protective order, as to the minor children, to be modified by the Unified Family Court; b. Mail a copy of its order to the Unified Family Court Case Manager. A copy of the order shall be given to the defendant and the victim by the Criminal Court; c. Advise the defendant and victim that the Unified Family Court may be able to provide services that will assist them in meeting the needs of their children in a safe and supportive way and advise the defendant and victim of the right to seek visitation through the Unified Family Court; and d. Provide the defendant with the Judicial/Information letter which shall inform the defendant the protective order, with respect to the minor children, will not be modified unless he or she files a motion and participates in all programs required by the Unified Family Court. The Information letter will also advise defendant that the Unified Family Court will be informed of all court dates in the criminal department and any violations of the protective order or other conditions. 2) The District Attorney’s Office will: a. Provide the victim with the Information letter; and b. Advise the victim of the right to seek a restraining order, child support and supervised visitation through the Unified Family Court. 3) Upon receipt of the Unified Family Court orders, the Criminal Court shall either give the order to the appropriate department (if there is a future date) or place the order in the case file (if the case has been adjudicated). B. At Other Hearings: The Criminal Court will inform the Unified Family Court of any changes in Court orders, violations of probation. 19.2 Procedure in Unified Family Court. A. The Court will: 1) Set all cases referred from the Criminal Court on the Domestic Violence Calendar; 2) Include the criminal case number as a cross-reference on all orders that result in a modification of the criminal protective order; 3) Specify the fact, on any Visitation Order, that the criminal protective order is being modified and have the order registered on the CLETS network; 4) Schedule periodic appearances for progress reports. B. Family Court Services will: 1) Provide a parent orientation program specific to domestic violence issues; 2) Provide mediation services to the parents in conformance with safe practices in domestic violence cases; and 3) Provide a referral to Parenting Without Violence education program that highlights the effects of domestic violence on children, if appropriate. C. The Unified Family Court Case Manager will: 1) Track Unified Family Court hearings involving custody and visitation issues and cross-reference orders from both the Criminal Court and Unified Family Court; 2) Send a copy of Unified Family Court orders to the Adult Probation Department and to the Criminal Court; and; 3) Assist both parents in accessing the following services when ordered by the Court: a. Parent Orientation b. Mediation c. Supervised Visitation. d. Parent Education e. Child Trauma Project f. SafeStart g. Family Law Facilitator (when there are child support issues). D. Self-Help Center will: 1) Provide legal assistance to both Defendant and or Victim, to properly place the matter on calendar. 2) Include a copy of the protective order in Criminal Proceedings in the motion with all requests to modify a criminal protective order. 19.3 Procedure in Juvenile Dependency Court. The San Francisco HSA will: A. Perform a search for criminal and civil court protective orders involving a prospective custodian when filing a dependency petition and recommending a minor’s change of custody to that person; B. The HSA must not place a minor with a prospective custodian who is restrained by a protective order, but must inform the Dependency Court of the existence and terms of the protective order. 19.4 Procedure in Juvenile Justice Court. The San Francisco Juvenile Probation Department will: A. Perform a search for criminal and civil court protective orders involving a prospective custodian other than the minor’s regular legal custodian before releasing a minor to that person. B. The Juvenile Probation Department must not release a minor to a prospective custodian who is restrained by a protective order, but must inform the Juvenile Justice Court of the existence and terms of the protective order. 19.5 Procedure in Probate Court. The Probate Court will cross check petitions for probate guardianship for cases in juvenile and family court. The Probate Court will also search for criminal and civil protective orders involving the proposed guardian and other adults living in the proposed guardian’s household. Adopted: January 1, 2005 Last Revised: January 1, 2023
19 Court Communication Protocol for Domestic Violence and Child Custody Orders; Modifications of Criminal Protective Orders; Referrals from Criminal to Unified Family Court; Procedures in Juvenile and Probate Courts 19.0 Statement of Principles and Goals. A. This protocol is adopted to reflect the joint goals of protecting all victims of domestic violence and promoting the best interests of childr
Reviewer note: Composed 2026-10-08 (California T4 San Francisco build 2026-10-08) from BenchPath custody ca/t4/ca-san-francisco/docs/local-rules/final-proposed-changes-lrsf-effective-july-1-2026-submitted.pdf (the court's rule book, “Uniform Local Rules of Court, Superior Court of California, County of San Francisco, Effective: July 1, 1998, Revised: July 1, 2026”, as fetched 2026-10-08; 2706376 bytes, sha256 82645c96954e6d459832c1ee68c5a042ff7f90ebc58fceb9a82fc7c5575631ad; 251 pages) with the shared verbatim composer (v2 reflow) over the rule body (PDF pages 3 to 235): each page's running header (“Local Rules of Court San Francisco Superior Court” and “Rule N”) and footer (“Effective: ...; Revised ...” and the printed page number) removed as chrome; lines reflowed into the rules' paragraphs; the one struck letter in the book (the final “s” of “means” in Rule 2.11(A)(5), read on the page image) set aside as chrome with the composer's strike_out, so the card reads the rule as amended; four rule headings set on their own lines and 23 paragraph breaks the reflow made inside sentences rejoined (whitespace-only fixes); the body's one soft hyphen (Rule 12.15's “JV-” at a line end) read as the hyphen it prints and the reflow's space after it removed; Rule 11's two tables (the timeshare percentages and their definitions) set row by row (the same characters); the body cut at the rule headings, which reassemble it; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents and the index belong to no rule.
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.