California Family Code 6320

Family Code 6320 Attorney in California

If someone in your household is threatening you, controlling your daily life, or monitoring you through your phone or connected devices, California law provides a path to immediate protection.

California Family Code 6320 — FAM § 6320 — authorizes courts to issue emergency ex parte restraining orders that can stop abusive conduct before a full hearing takes place. Understanding how this statute works, including its expanded protections under a 2026 amendment addressing technology-facilitated abuse, can help you take the right legal steps to protect yourself and your family.

At Quinn & Dworakowski, LLP, our Orange County family law attorneys are Certified Family Law Specialists with decades of combined trial and appellate experience in domestic violence cases. We are here to offer compassionate, knowledgeable legal guidance.

Ex Parte Orders in California Domestic Violence Cases

An ex parte order is a court order issued at the request of one party without requiring advance notice to the other side. In California domestic violence cases, an ex parte order provides immediate protection to someone facing threats of abuse at home. These orders impose temporary restrictions on the other party until a full hearing can take place.

Under California Family Code § 6320, a court may issue an ex parte order to prevent an individual from doing any of the following against the requesting party:

• Molesting, attacking, striking, stalking, threatening, sexually assaulting, or battering the individual.
• Credibly impersonating the individual online, as described in Penal Code Section § 528.5, or falsely personating the individual, as described in Penal Code Section § 529.
• Harassing the individual, including making repeated annoying telephone calls as described in Penal Code Section § 653m.
• Destroying the individual’s personal property.
• Contacting the individual, directly or indirectly, by mail or otherwise.
• Coming within a specified distance of the individual.
• Disturbing the peace of the individual.

In cases that involve other family or household members who face similar threats, the court may, on a showing of good cause, extend the protective order to include those individuals as well. These protections may also be extended to cover animals owned or kept by either party.

A skilled domestic violence attorney from Quinn & Dworakowski, LLP can help you understand and navigate the process of obtaining an ex parte order under Section § 6320.

Disturbing the Peace

The court may also issue an ex parte order to prevent an individual from disturbing the peace of the other party. Under California Family Code § 6320, subdivision (c), “disturbing the peace” refers to conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party.

This conduct may be committed directly or indirectly, including through the use of a third party, and by any method or means. The statute specifically identifies telephone calls, online accounts, text messages, internet-connected devices — including connected devices as defined in Business and Professions Code § 22948.30 — and other electronic technologies as potential means of disturbing the peace.

Coercive Control Under § 6320

Disturbing the peace under § 6320 also includes coercive control, which the statute defines as a pattern of behavior that, in purpose or effect, unreasonably interferes with a person’s free will and personal liberty. Examples of coercive control recognized by the statute include, but are not limited to:

• Isolating the other party from friends, relatives, or other sources of support.
• Depriving the other party of basic necessities.
• Controlling, regulating, or monitoring the other party’s movements, communications, daily behavior, finances, economic resources, or access to services.
• Using force, threats, or intimidation — including threats based on actual or suspected immigration status — to make the other party do something they have a right to refuse, or to stop them from doing something they have a right to do.
• Engaging in reproductive coercion, which may include unreasonably pressuring the other party to become pregnant, deliberately interfering with contraception use or access to reproductive health information, or using coercive tactics to control pregnancy outcomes.

The breadth of the “disturbing the peace” definition reflects the multidimensional nature of domestic violence, which can affect not only physical safety but also mental health and overall well-being.

A dedicated family lawyer from Quinn & Dworakowski, LLP can help you determine whether certain behaviors in your case may support an ex parte order under § 6320.

Connected Devices and Technology-Facilitated Abuse (2026 Update)

Effective January 1, 2026, California Senate Bill 50 (Stats. 2025, Ch. 676) amended Family Code § 6320 to explicitly address abuse carried out through internet-connected devices. The amendment added a reference to “connected devices as defined in Section 22948.30 of the Business and Professions Code” to subdivision (c)’s list of means through which a party may disturb the peace of another.

This change recognizes that abusers may use smart home systems, security cameras, smart locks, shared streaming accounts, location-tracking devices, and other IoT technology to monitor, control, or intimidate a domestic partner. Under the companion provisions in Business and Professions Code §§ 22948.30 through 22948.33, a survivor or their representative may now submit a device protection request to an account manager, who must terminate or disable the perpetrator’s access within two business days.

If you believe a current or former partner is using connected devices to monitor or control you, an experienced Orange County restraining order attorney can help you seek both the protective orders available under Family Code 6320 and the device protection remedies created by SB 50.

FAQs

Q: What Is the CA FAM Code for Child Support?

A: The California Family Code provisions governing child support are found primarily in Division 9, Part 2, §§ 4000 through 4253. These statutes establish the guidelines and regulations for calculating, establishing, and enforcing child support obligations. A skilled family lawyer can help you understand how these provisions may apply to your particular situation.

Q: What Is Section 6321 of the California Family Code?

A: Section 6321 of the California Family Code authorizes the court to issue temporary ex parte custody and visitation orders for a child under 18 in domestic violence cases. This provision allows the court to act immediately to protect the welfare of a child in advance of a full custody hearing.

Q: What Is a Presumed Father in the California Family Code?

A: Under the California Family Code, a presumed father is a male individual who is legally recognized as the father of a child based on certain conditions, such as being married to the mother at the time of the child’s birth or openly receiving the child into his home and holding the child out as his own. Sections 7540 through 7581 of the California Family Code outline the provisions that determine presumed-father status in California family law cases.

Q: What Is the California Family Code for Child Preference?

A: Section 3042 of the California Family Code addresses a child’s preference regarding custody decisions. The statute provides that the court shall consider and give due weight to the wishes of a child who is of sufficient age and capacity to reason and form an intelligent preference. Working with an experienced family lawyer can help you understand how child preference may factor into your custody case.

Protect Your Family Under California Family Code § 6320

If you are involved in a domestic violence situation in California, the legal protections available under Family Code § 6320 may directly affect your safety and your family’s well-being.

At Quinn & Dworakowski, LLP, our attorneys are Certified Family Law Specialists and Certified Appellate Specialists with extensive experience in restraining orders, domestic violence cases, and complex custody disputes in Orange County courts. We can help you understand how § 6320 and related statutes apply to your case and work to implement a legal strategy that prioritizes the safety and stability of your family.

Contact us today to schedule a consultation.