California Family Code

§ 6340

FAM § 6340 Effective Jan 1, 2019Div. 10 · Part 4 · Ch. 2 · Art. 2

Statute text

(a)(1) The court may issue any of the orders described in Article 1 (commencing with Section 6320) after notice and a hearing. When determining whether to make any orders under this subdivision, the court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner and the children for whom the custody or visitation orders are sought. If the court makes any order for custody, visitation, or support, that order shall survive the termination of any protective order. The Judicial Council shall provide notice of this provision on any Judicial Council forms related to this subdivision.

(2)(A) If at the time of a hearing with respect to an order issued pursuant to this part based on an ex parte temporary restraining order, the court determines that, after diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the restrained party is evading service, the court may permit an alternative method of service designed to give reasonable notice of the action to the respondent. Alternative methods of service include, but are not limited to, the following:

(i)Service by publication pursuant to the standards set forth in Section 415.50 of the Code of Civil Procedure.

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Legislative history

Amended by Stats. 2018, Ch. 219, Sec. 3. (AB 2694) Effective January 1, 2019.