California Family Code 6309

Family Code 6309 Attorney in California

Domestic violence is an unfortunately pervasive problem throughout California, impacting thousands of lives every year. In 2023, California law enforcement agencies handled more than 160,000 domestic violence calls — roughly 18 calls per hour (Source: Public Policy Institute of California, Feb. 2026). More than half of California women experience intimate partner violence in their lifetime (Source: 2023 CalVEX Survey, Tulane/UCSD, 2024).

There are many legal mechanisms in place intended to deter domestic violence and assist domestic abuse survivors in various ways, but many of these victims have been subjected to litigation abuse. California Family Code 6309 intends to prevent this, ensuring abuse survivors can get the restraining orders they need to feel safe again.

Objectives of California Family Code 6309

Domestic violence victims who enter the family court system and/or civil court system seeking help and protection from further abuse are often targeted with malicious litigation from their abusers. “Litigation abuse” is a broad term that can apply to any use of the legal process from a domestic abuser to intimidate, harass, coercively control, or simply maintain contact with an abused victim.

One tactic that abusers have employed to cause economic hardship and psychological distress to their victims in the family court system is petitioning for a discovery process prior to the court issuing a domestic violence restraining order. Discovery is a time-consuming process that requires the parties involved in a case to submit their evidence to the court. Abusers have used this tactic to delay being subject to restraining orders.

California Family Code 6309 took effect on January 1, 2024.. Prior to its enactment, this tactic petitioning for a discovery process before the court issues a restraining order was used to delay the implementation of restraining orders, preventing abuse survivors from securing the legal protection they need in a timely manner. Abusers could continue to contact and otherwise harass their victims during the interim, and they would also inflict additional economic hardship on their victims through these tactics.

California Family Code 6309 still allows for pretrial discovery to occur, but it provides the judge the discretionary power to effectively streamline the process and ensures the abuse victim can secure their restraining order as quickly as possible. This Code section intends to work in conjunction with the Domestic Violence Prevention Act and does not take away any rights afforded by the Act.

How Courts Decide: The Good Cause Standard

Under Family Code 6309(c), discovery is not permitted as a matter of right in domestic violence restraining order proceedings. A party seeking discovery must show “good cause” at the evidentiary hearing. The court weighs six statutory factors before granting any discovery request:

• The legal relevance and importance of the information sought
• The likelihood that the information exists
• The burden and expense of producing the requested information
• The potential for trauma or harm to the parties
• Whether the information can be obtained through less intrusive means
• Whether one or more persons are subject to existing restraining or protective orders

Even when a court grants a discovery request, it must limit discovery to the least intrusive methods and the minimum number of items reasonably necessary to secure the requested information. Discovery requests may be made orally or in writing at the evidentiary hearing. The law authorizes the court to commence the hearing, receive a portion of the evidence, and then continue the hearing to allow for limited discovery.

Securing a Restraining Order

If you have experienced any form of domestic violence and the police respond to your call for help, they can guide you through the process of securing a temporary restraining order against your abuser. This temporary order will prevent the abuser from contacting you or coming near you until your preliminary hearing in court. Many victims of domestic abuse are able to secure these temporary orders the very same days they request them.

Any violation of a domestic violence restraining order is a criminal offense under California Penal Code 273.6 and could impact family court proceedings. Their violation of the restraining order could also impact related family court proceedings in various ways.

After obtaining your temporary order, you will need to prepare for a formal hearing at which a family court judge will determine whether the order should be rescinded or made permanent. This can also kick off a series of additional family court proceedings involving you and the abuser. If you have questions about how California Family Code 6309 could apply to your situation, it is vital for you to speak with an experienced domestic violence attorney.

If you need help with a domestic violence restraining order in Orange County, call Quinn & Dworakowski, LLP at (949) 660-1400 or contact us online to schedule a confidential consultation.

Frequently Asked Questions

Q: What Is California Family Code 6309?

A: California Family Code 6309 is a law pertaining to pretrial discovery in domestic violence cases. This law seeks to limit litigation abuse that many people experience when they attempt to resolve a domestic violence case in court and secure a restraining order. This section of the Code states that civil discovery in restraining order cases is only permitted with good cause. This is meant to deter abusers from making victims suffer litigation abuse.

Q: How Fast Can You Get a Restraining Order?

A: You can get a restraining order very quickly in California. Police are required to respond to domestic violence and remove alleged abusers from these situations immediately, and it is possible for the victim of domestic violence to secure a temporary restraining order the very same day they request it from the court. The police who respond to a call for domestic violence may assist the victim in arranging for a temporary restraining order.

Q: Does California Family Code 6309 Interfere with the Domestic Violence Prevention Act?

A: Nothing in California Family Code 6309 is intended to take away one’s rights provided by the Domestic Violence Prevention Act (DVPA). Abuse survivors are still permitted to secure police reports, arrest records, medical records, and all other evidence pertinent to their cases. The objective of California Family Code 6309 is to prevent abuse survivors from facing litigation abuse in their domestic violence restraining order hearings.

Q: What Are the Penalties for Violating a Restraining Order?

A: Under California Penal Code 273.6, an intentional violation of a protective order is a misdemeanor punishable by up to one year in county jail and/or a fine of up to $1,000. If the violation causes physical injury, the fine can increase to $2,000. If the offender has a prior conviction for violating a protective order and the current violation involved violence or threats of violence, the offense becomes a wobbler — meaning it can be charged as a felony punishable by up to three years in state prison.

Q: Do I Need a Lawyer to Secure a Restraining Order?

A: You do not need a lawyer to secure a temporary restraining order if you have experienced domestic violence. However, securing your temporary order is likely just the first step in resolving your case. You will need an experienced attorney’s help to ensure that you can secure fuller protection than the temporary order provides, and you can also count on your attorney to provide counsel through related family law matters such as divorce or custody determination.

The attorneys at Quinn & Dworakowski, LLP, excel at resolving complex family law cases, and we aim to help domestic abuse survivors secure the legal protections they need to avoid further abuse. If you have questions about California Family Code 6309 or any other legal questions related to domestic violence or restraining orders, we can help. Contact us today to schedule a consultation with our team and learn more about the legal services we offer.