Loading…
Domestic violence under Family Code § 6200 et seq. - a declaration regarding ex parte notice generally not required, the contents of supporting declarations, delivery to the law enforcement agency and the notification duties on termination, extension or modification (16.1); civil harassment under CCP § 527.6 (16.2); workplace violence under CCP § 527.8 (16.3); and postsecondary school violence under CCP § 527.85 (16.4). Rule 16.5 (elder or dependent adult abuse) is reserved.
California > First Appellate District > Solano County > Superior Court of California, County of Solano
Rule 16 – Protective Orders 16.1 DOMESTIC VIOLENCE (FAMILY CODE § 6200 ET SEQ.) a. DECLARATION REGARDING EX PARTE NOTICE GENERALLY NOT REQUIRED An applicant for ex parte restraining orders made pursuant to the Act need not submit a completed Declaration Re Notice Upon Ex Parte Application for Orders or a declaration in substantial compliance therewith. (Subd (a) relettered effective January 1, 2012; adopted as subsection (a) of Rule 5.8 effective July 1, 1988; previously amended effective January 1, 2008, and July 1, 2008.) b. CONTENTS OF DECLARATIONS IN SUPPORT OF DOMESTIC VIOLENCE RESTRAINING ORDERS A mere expression in the declaration of violence or fear will not adequately support the granting of an ex parte order. The declarations must expressly include (1) the actual or approximate date(s) of the incidents alleged, (2) a detailed description of the facts of each incident, and (3) the specific harm caused or threatened. (Subd (b) relettered and amended effective January 1, 2012; adopted as subsection (a) of Rule 5.8 effective July 1, 1988; previously amended effective January 1, 2008, and July 1, 2008.) c. DELIVERY TO LAW ENFORCEMENT AGENCY To obtain enforcement of temporary restraining orders, applicants or their counsel shall deliver a copy of such orders to one or more designated law enforcement agencies. The order shall have a file-endorsed stamp by the Clerk of the Superior Court in the upper right hand corner and the expiration date of the order shall be clearly marked on the face of the document. Temporary restraining orders and orders issued at the order to show cause hearing for delivery to law enforcement agencies shall include a specific expiration date. (Subd (c) relettered effective January 1, 2012; previously adopted as subsection (a) of Rule 5.8 effective July 1, 1988; previously amended effective January 1, 2008.) d. NOTIFICATION DUTY ON TERMINATION, EXTENSION OR MODIFICATION Where an order is issued restraining or enjoining domestic violence and that order is terminated before the expiration date, extended beyond that date or otherwise modified, the party obtaining relief, or his or her attorney, shall immediately notify the designated law enforcement agency in writing of such termination, extension or modification. (Subd (d) relettered effective January 1, 2012; adopted as subdivision (d) of Rule 5.8 effective July 1, 1988; previously amended effective January 1, 2008; relettered as subd. (b) of Rule 5.8 effective July 1, 2008.) e. NOTIFICATION DUTY ON EXTENSION OF TEMPORARY RESTRAINING ORDERS Where a temporary restraining order is issued ex parte to be effective until the date set for hearing, and thereafter the hearing date is continued to a subsequent date, the temporary restraining order shall terminate unless ordered by the court to remain in effect until a subsequent date. In the event the temporary order is continued by court order to a subsequent hearing date, applicant shall deliver a copy of such order to the designated law enforcement agency. (Subd (e) amended effective January 1, 2008.) (Rule 16.1 amended and renumbered effective January 1, 2012; adopted as Rule 5.8 effective July 1, 1988; previously amended effective August 1, 2002, January 1, 2008, and July 1, 2008.) 16.2 CIVIL HARASSMENT (CCP § 527.6) a. ELIGIBILITY FOR CIVIL HARASSMENT ORDER Only natural persons may request a restraining order. Entities such as corporations, partnerships, or companies may not seek a civil harassment order. (Subd. (a) adopted effective January 1, 2012.) b. REQUESTING OR RESPONDING TO CIVIL HARASSMENT ORDER ON BEHALF OF INCAPACITATED ADULT If a person seeks a civil harassment protective order on behalf of an incapacitated adult plaintiff, or seeks to respond to a petition for civil harassment protective orders on behalf of an incapacitated adult defendant, the representative must submit an application for appointment of guardian ad litem prior to or concurrently with the appropriate pleading. If the representative has already been appointed as the protected person’s guardian ad litem or has a power of attorney specifically granting authority concerning litigation, the guardian ad litem application shall not be required, but the representative shall provide the court with proof of his or her authority to act on the incompetent person’s behalf. (Subd. (b) adopted effective January 1, 2012.) c. MUTUAL INJUNCTIVE ORDERS Mutual injunctive orders shall not be granted absent the defendant filing a cross-complaint and providing proof of sufficient notice of the cross-complaint to the plaintiff. (Subd. (c) adopted effective January 1, 2012.) d. MINOR SUBJECT TO JUVENILE COURT JURISDICTION If the plaintiff or defendant is a minor previously determined to be subject to juvenile court jurisdiction, any party with knowledge of that fact shall inform the court at the earliest opportunity so that the matter may be transferred for hearing to the juvenile court per CCP section 374.5. (Subd. (d) adopted effective January 1, 2012.) e. ADDRESS OF PARENT OR GUARDIAN In order to enable the court’s compliance with CCP section 372, subdivision (a)(2), a minor seeking a protective order who appears without a guardian ad litem but who lives with a parent or guardian shall provide the court with the address of at least one parent to whom the court shall send the order once it is issued. This address may be provided at the hearing, or in a confidential declaration filed with the court. (Subd. (e) adopted effective January 1, 2012.) (Rule 16.2 adopted effective January 1, 2012.) 16.3 WORKPLACE VIOLENCE (CCP § 527.8) a. MINOR SUBJECT TO JUVENILE COURT JURISDICTION If the plaintiff or defendant is a minor previously determined to be subject to juvenile court jurisdiction, any party with knowledge of that fact shall inform the court at the earliest opportunity so that the matter may be transferred for hearing to the juvenile court per CCP section 374.5. (Subd. (a) adopted effective January 1, 2012.) b. ADDRESS OF PARENT OR GUARDIAN In order to enable the court’s compliance with CCP section 372, subdivision (a)(2), a minor seeking a protective order who appears without a guardian ad litem but who lives with a parent or guardian shall provide the court with the address of at least one parent to whom the court shall send the order once it is issued. This address may be provided at the hearing, or in a confidential declaration filed with the court. (Subd. (b) adopted effective January 1, 2012.) (Rule 16.3 adopted effective January 1, 2012.) 16.4 POSTSECONDARY SCHOOL VIOLENCE (CCP § 527.85) a. STUDENT CONSENT TO FILING OF APPLICATION Proof of a student’s consent to the filing of the application may be shown through the student’s signature on the petition or the attachment of an original written consent signed by the student. (Subd. (a) adopted effective January 1, 2012.) (Rule 16.4 adopted effective January 1, 2012.) 16.5 ELDER OR DEPENDENT ADULT ABUSE [Reserved]
Rule 16 – Protective Orders 16.1 DOMESTIC VIOLENCE (FAMILY CODE § 6200 ET SEQ.) a. DECLARATION REGARDING EX PARTE NOTICE GENERALLY NOT REQUIRED An applicant for ex parte restraining orders made pursuant to the Act need not submit a completed Declaration Re Notice Upon Ex Parte Application for Orders or a declaration in substantial compliance therewith. (Subd (a) relettered effective January 1, 201
Reviewer note: Composed 2026-10-09 (California T4 Solano build 2026-10-09) from BenchPath custody ca/t4/ca-solano/docs/general/complete_set_of_local_rules_july_2026.pdf (the court's rule book, “Local Court Rules”, revised July 1, 2026, as fetched 2026-10-09; 7347859 bytes, sha256 f235df4f2c4c47b9c4e290445ffa2be1b5ad4302da615570c85a49e5138357e7; 350 pages) with the shared verbatim composer (v2 reflow) over Rules 1 to 20 (their pages between PDF pages 15 and 323), each rule composed alone from its first page to its last, in segments that start where a part's or an appendix's heading first prints: each page's running header (“Superior Court of California” and “County of Solano”, then the rule's title and the current part or appendix, kept where each first prints) and footer (the page number, the court's website address and “July 2026”) removed as chrome; lines reflowed into the rules' paragraphs; 44 whitespace-only fixes (build/book-fixes.json: thirteen breaks the reflow made before a wrapped “Rule N.N” citation rejoined, two form numbers broken after their hyphen rejoined, and twenty-nine heading, history note, paragraph, list, table row and address breaks it ran together set back; the short-line and vertical-gap audits find no joined break left); the scanned appendices (the standing orders printed in the appendices of Rules 5, 6 and 17, and the weapons order printed again after the forms index) left out and decided as documents - the strike report's 14 struck runs all lie on those scanned pages; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the revision history, the table of contents, the dividers and the indexes 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.