SDSC D-326 (New 12/25) ATTACHMENT TO STIPULATION AND ORDER FOR APPOINTMENT OF

Cal. Form D-326

California Superior Local Rules

S) RESPONDENT(

S) JUDGE/DEPT ATTACHMENT TO STIPULATION AND ORDER FOR APPOINTMENT OF PRIVATELY COMPENSATED TEMPORARY JUDGE WITH OATH OF OFFICE – DOMESTIC VIOLENCE RESTRAINING ORDERS CASE NUMBER The following procedure applies to all Domestic Violence Restraining Order (DVRO) matters being heard by a Privately Compensated Temporary Judge (PCTJ). This form must be attached to any Stipulation and Order for Appointment of Privately Compensated Temporary Judge with Oath of Office (SDSC Form #D-008) involving DVRO matters.

Temporary Restraining Orders An initial Request for Domestic Violence Restraining Order must be submitted to and filed with the Superior Court, not to a PCTJ. The Superior Court will preside over the initial request and will either grant or deny the Temporary Restraining Order (TRO).

Thereafter, a PCTJ may be appointed to hear all subsequent proceedings related to the DVRO, including requests to modify the TRO, extensions of the TRO, the hearing on the Request for DVRO, issuance of the Restraining Order After Hearing (ROAH) if granted, and all hearings/requirements regarding firearms and ammunition relinquishment . All initial requests to modify, terminate, or renew a ROAH must be submitted to the Superior Court, not to a PCTJ. If emergency modifications of the ROAH are requested, the Superior Court will preside over the request.

Thereafter, a PCTJ may be appointed to hear all subsequent proceedings related to the modification, termination, or renewal. Hearing Procedure The parties must appear at the first hearing before the assigned Superior Court judicial officer . After notice that the parties have agreed to a PCTJ, the assigned Superior Court judicial officer will set a control date on the supervising judge’s calendar. The control date will always be set at least five court days after a scheduled PCTJ hearing.

Immediately following the completion of a PCTJ hearing, the PCTJ must electronically transmit the restraining order, amended restraining order, or termination order to the supervising judge’s department for processing into CLETS.

The parties are advised of the following: • If the PCTJ dismisses or denies a restraining order, the TRO (if currently in place) remains in full force and effect until its natural expiration on the next control date in the supervising judge’s department. • If the PCTJ modifies a restraining order, the former restraining order remains in full force and effect until the amended restraining order is entered into CLETS on the next control date in the supervising judge’s department. • If the PCTJ terminates a restraining order, the restraining order remains in full force and effect until the termination order is entered into CLETS on the next control date in the supervising judge’s department.

SDSC D-326 (New 12/25) ATTACHMENT TO STIPULATION AND ORDER FOR APPOINTMENT OF Mandatory Form PRIVATELY COMPENSATED TEMPORARY JUDGE WITH OATH OF OFFICE – DOMESTIC VIOLENCE RESTRAINING ORDERS CASE TITLE CASE NUMBER Criminal History Search Pursuant to Family Code

section 6306, the Superior Court will conduct a criminal history, restraining order history, and firearm registration search prior to a restraining order hearing. The Background Investigation Unit (BIU) performs these searches and prepares a report. The BIU report will be electronically transmitted to the PCTJ from the Superior Court. A BIU status conference will be set in the supervising judge’s department at least five court days prior to the first PCTJ hearing. No appearances are required at this hearing.

On the hearing date, the clerk will transmit the BIU report to the PCTJ and will note as such in the minutes. The BIU report must remain confidential. The PCTJ may only use the report in connection with this case and must not disseminate or use the report, or the contents thereof, for any other purpose. Refer to Family Code

section for additional rules and regulations. Firearms and Ammunition Relinquishment If a restrained party is found in noncompliance with relinquishment of their firearms and ammunition (as defined in Family Code

section 6389), the PCTJ must complete the Noncompliance With Firearms and Ammunition Order, or Warrant form (JC Form #DV-830) and must timely transmit the form to the District Attorney’s office, as required by Family Code

section 6389. WARNING: Failure to comply with these procedures may result in a restraining order not being timely entered into the CLETS system, which could significantly impact law enforcement’s ability to enforce the restraining order. Strict and timely compliance is of the utmost importance. I knowingly acknowledge and accept this warning by initialing below: Petitioner Attorney for Petitioner Respondent Attorney for Respondent IT IS SO STIPULATED. Date: Signature of Petitioner Date: Signature of Attorney for Petitioner Date: Signature of Respondent Date: Signature of Attorney for Respondent Date: Signature of PCTJ

Document details

Collection	California Superior Local Rules
Citation	Cal. Form D-326
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	0f1aa82973fd15f72181e7e4f04f42daaa98a87b

Source file is stored in the law ingest library (pdf).