CALIFORNIA FAMILY CODE SECTIONS
 

PREVIOUS CODE SECTIONS

Division 9. Support

                 Part 1. Enforcement of Support Orders

                                 Chapter 8: Earnings Assignment Order

                                          Article 1. Definitions

Section 5200

Construction of chapter. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.
Section 5201 Arrearage; arrearages. "Arrearage" or "arrearages" is the amount necessary to satisfy a support judgment or order pursuant to Section 695.210 of the Code of Civil Procedure.
Section 5202 Assignment order; earnings assignment order for support.  "Assignment order" has the same meaning as "earnings assignment order for support."
Section 5204 Due date of support payments. "Due date of support payments" is the date specifically stated in the order of support or, if no date is stated in the support order, the last day of the month in which the support payment is to be paid.
Section 5206 Earnings. "Earnings," to the extent that they are subject to an earnings assignment order for support under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, include:
   (a) Wages, salary, bonus, money, and benefits described in Sections 704.110, 704.113, and 704.115 of the Code of Civil Procedure.
   (b) Payments due for services of independent contractors, interest, dividends, rents, royalties, residuals, patent rights, or mineral or other natural resource rights.
   (c) Payments or credits due or becoming due as a result of written or oral contracts for services or sales whether denominated as wages, salary, commission, bonus, or otherwise.
   (d) Payments due for workers' compensation temporary disability benefits.
   (e) Payments due as a result of disability from benefits described in Section 704.130 of the Code of Civil Procedure.
   (f) Any other payments or credits due or becoming due, regardless of source.
Section 5208 Earnings assignment order for support. (a) "Earnings assignment order for support" means an order that assigns to an obligee a portion of the earnings of a support obligor due or to become due in the future.
   (b) Commencing January 1, 2000, all earnings assignment orders for support in any action in which child support or family support is ordered shall be issued on an "order/notice to withhold income for child support" mandated by Section 666 of Title 42 of the United States Code.
Section 5210 Employer. "Employer" includes all of the following:
   (a) A person for whom an individual performs services as an employee, as defined in Section 706.011 of the Code of Civil Procedure.
   (b) The United States government and any public entity as defined in Section 811.2 of the Government Code.
   (c) Any person or entity paying earnings as defined under Section 5206.
Section 5212 IV-D Case.  "IV-D Case" means any case being established, modified, or enforced by the local child support agency pursuant to Section 654 of Title 42 of the United States Code (Section 454 of the Social Security Act).
Section 5214 Obligee; assigned obligee. "Obligee" or "assigned obligee" means either the person to whom support has been ordered to be paid, the local child support agency, or other person designated by the court to receive the payment.  The local child support agency is the obligee for all Title IV-D cases as defined under Section 5212 or in which an application for services has been filed under Part D (commencing with Section 651) and Part E (commencing with Section 670) of Subchapter IV of Chapter 7 of Title 42 of the United States Code (Title IV-D or IV-E of the Social Security Act).
Section 5216 Obligor. "Obligor" means a person owing a duty of support.
Section 5220 Timely payment. "Timely payment" means receipt of support payments by the obligee or assigned obligee within five days of the due date.

                                          Article 2. General Provisions

Section 5230

Support orders; inclusion of earnings assignment order. (a) When the court orders a party to pay an amount for support or orders a modification of the amount of support to be paid, the court shall include in its order an earnings assignment order for support that orders the employer of the obligor to pay to the obligee that portion of the obligor's earnings due or to become due in the future as will be sufficient to pay an amount to cover both of the following:
   (1) The amount ordered by the court for support.
   (2) An amount which shall be ordered by the court to be paid toward the liquidation of any arrearage.
   (b) An earnings assignment order for support shall be issued, and shall be effective and enforceable pursuant to Section 5231, notwithstanding the absence of the name, address, or other identifying information regarding the obligor's employer.
Section 5230.1 Earning assignment or income withholding order of another state; enforceability; applicable law. (a) An earnings assignment or income withholding order for support issued by a court or administrative agency of another state is binding upon an employer of the obligor to the same extent as an
earnings assignment order made by a court of this state.
   (b) When an employer receives an earnings assignment order or an income withholding order for support from a court or administrative agency in another state, all of the provisions of this chapter shall apply.
Section 5230.5 Allegation of child support arrearage amount; perjury. Any obligee alleging arrearages in child support shall specify the amount thereof under penalty of perjury. 
Section 5231 Binding effect of assignment order upon employers. Unless stayed pursuant to Article 4 (commencing with Section 5260), an assignment order is effective and binding upon any existing or future employer of the obligor upon whom a copy of the order is served in compliance with Sections 5232 and 5233, notwithstanding the absence of the name, address, or other identifying information regarding the obligor's employer, or the inclusion of incorrect information regarding the support obligor's employer.
Section 5232 Service of order on employer.  Service on an employer of an assignment order may be made by first-class mail in the manner prescribed in Section 1013 of the Code of Civil Procedure.  The obligee shall serve the documents specified
in Section 5234.
Section 5233 Commencement of withholding. Unless the order states a later date, beginning as soon as possible after service of the order on the employer but not later than 10 days after service of the order on the employer, the employer shall commence withholding pursuant to the assignment order from all earnings payable to the employee.
Section 5234 Delivery to obligor by employer; copy of order; statements of rights.  Within 10 days of service of an assignment order or an order/notice to withhold income for child support on an employer, the employer shall deliver both of the following to the obligor:
   (a) A copy of the assignment order or the order/notice to withhold income for child support.
   (b) A written statement of the obligor's rights under the law to seek to quash, modify, or stay service of the earnings assignment order, together with a blank form that the obligor can file with the court to request a hearing to quash, modify, or stay service of the earnings assignment order with instructions on how to file the form and obtain a hearing date.
Section 5235 Duties of employer; withholding and forwarding of support; liability.  (a) The employer shall continue to withhold and forward support as required by the assignment order until served with notice terminating the assignment order.  If an employer withholds support as required by the assignment order, the obligor shall not be held in contempt or subject to criminal prosecution for nonpayment of the support that was withheld by the employer but not received by the obligee.  If the employer withheld the support but failed to forward the payments to the obligee, the employer shall be liable for the payments, including interest, as provided in Section 5241.
   (b) Within 10 days of service of a substitution of payee on the employer, the employer shall forward all subsequent support to the governmental entity or other payee that sent the substitution.
   (c) The employer shall send the amounts withheld to the obligee within the timeframe specified in federal law and shall report to the obligee the date on which the amount was withheld from the obligor's wages.
   (d) The employer may deduct from the earnings of the employee the sum of one dollar and fifty cents ($1.50) for each payment made pursuant to the order.
   (e) Once the State Disbursement Unit as required by Section 17309 is operational, the employer shall send all earnings withheld pursuant to this chapter to the State Disbursement Unit instead of the obligee.
Section 5236 Simplification of wage withholding. The state agency or the local agency, designated to enforce support obligations as required by federal law, shall allow employers to simplify the process of assignment order withholding by forwarding, as ordered by the court, the amounts of support withheld under more than one order in a consolidated check, accompanied by an itemized accounting providing names, social security number or other identifying number, and the amount attributable to each obligor.
Section 5237 Notice of obligee of change of address; effect of failure to notify.  a) Except as provided in subdivisions (b) and (c), the obligee shall notify the employer of the obligor, by first-class mail, postage prepaid, of any change of address within a reasonable period of time after the change.
   (b) Where payments have been ordered to be made to a county officer designated by the court, the obligee who is the parent, guardian, or other person entitled to receive payment through the designated county officer shall notify the designated county officer by first-class mail, postage prepaid, of any address change within a reasonable period of time after the change.
   (c) If the obligee is receiving support payments from the State Disbursement Unit as required by Section 17309, the obligee shall notify the State Disbursement Unit instead of the employer of the obligor as provided in subdivision (a).
   (d) (1) Except as set forth in paragraph (2), if the employer, designated county officer, or the State Disbursement Unit is unable  to deliver payments under the assignment order for a period of six months due to the failure of the obligee to notify the employer, designated county officer, or State Disbursement Unit, of a change of address, the employer, designated county officer, or State Disbursement Unit shall not make any further payments under the assignment order and shall return all undeliverable payments to the obligor.
   (2) If payments are being directed to the State Disbursement Unit pursuant to subdivision (e) of Section 5235, but the case is not otherwise receiving services from the Title IV-D agency, and the State Disbursement Unit is unable to deliver payments under the assignment order for a period of 45 days due to the failure of the obligee to notify the employer, designated county officer, or State Disbursement Unit of a change of address, the Title IV-D agency shall take the following actions:
   (A) Immediately return the undeliverable payments to the obligor if the obligee cannot be located.
   (B) Notify the employer to suspend withholding pursuant to the wage assignment until the employer or Title IV-D agency is notified of the obligee's whereabouts.
Section 5238 Assignments including both current support and arrearages; priority; multiple assignment orders for  the same employee; proration of withheld payments. (a) Where an assignment order or assignment orders include both current support and payments towards the liquidation of arrearages, priority shall be given first to the current child support obligation, then the current spousal support obligation, and thereafter to the liquidation of child and then spousal support arrearages.
   (b) Where there are multiple assignment orders for the same employee, the employer shall prorate the withheld payments as follows:
   (1) If the obligor has more than one assignment for support, the employer shall add together the amount of support due for each assignment.
   (2) If 50 percent of the obligor's net disposable earnings will not pay in full all of the assignments for support, the employer shall prorate it first among all of the current support assignments in the same proportion that each assignment bears to the total current support owed.
   (3) The employer shall apply any remainder to the assignments for arrearage support in the same proportion that each assignment bears to the total arrearage owed.
Section 5239 Arrearages of payment; computation. Arrearages of support payments shall be computed on the basis of the payments owed and unpaid on the date that the obligor has been given notice of the assignment order as required by Section 5234.
Section 5240 Payment of past due support; termination of service of order of assignment; grounds.  Upon the filing and service of a motion and a notice of
motion by the obligor, the court shall terminate the service of an assignment order if past due support has been paid in full, including any interest due, and if any of the following conditions exist:
   (a) With regard to orders for spousal support, the death or remarriage of the spouse to whom support is owed.
   (b) With regard to orders for child support, the death or emancipation of the child for whom support is owed.
   (c) The court determines that there is good cause, as defined in Section 5260, to terminate the assignment order.  This subdivision does not apply if there has been more than one application for an assignment order.
   (d) The obligor meets the conditions of an alternative arrangement specified in paragraph (2) of subdivision (b) of Section 5260, and a wage assignment has not been previously terminated and subsequently initiated.
   (e) There is no longer a current order for support.
   (f) The termination of the stay of an assignment order under Section 5261 was improper, but only if that termination was based upon the obligor's failure to make timely support payments as described in subdivision (b) of Section 5261.
   (g) The employer or agency designated to provide services under Title IV-D of the Social Security Act or the State Disbursement Unit is unable to deliver payment for a period of six months due to the failure of the obligee to notify that employer or agency or the State Disbursement Unit of a change in the obligee's address.
Section 5241 Wilful failure to withhold or forward support; penalties; actions to collect withheld sums not forwarded; electronic transfer and employer awareness. (a) An employer who willfully fails to withhold and forward support pursuant to a currently valid assignment order entered and served upon the employer pursuant to this chapter is liable to the obligee for the amount of support not withheld, forwarded, or otherwise paid to the obligee, including any interest thereon.
   (b) If an employer withholds support as required by the assignment order, the obligor shall not be held in contempt or subject to criminal prosecution for nonpayment of the support that was withheld by the employer but not received by the obligee.  In addition, the employer is liable to the obligee for any interest incurred as a result of the employer's failure to timely forward the withheld support pursuant to an assignment earnings order.
   (c) In addition to any other penalty or liability provided by law, willful failure by an employer to comply with an assignment order is punishable as a contempt pursuant to Section 1218 of the Code of Civil Procedure.
   (d) If an employer withholds support, as required by the assignment order, but fails to forward the support to the obligee, the local child support agency shall take appropriate action to collect the withheld sums from the employer.  The child support obligee or the local child support agency upon application may obtain an order requiring payment of support by electronic transfer from the employer's bank account if the employer has willfully failed to comply with the assignment order or if the employer has failed to comply with the assignment order on three separate occasions within a 12-month period.  Where a court finds that an employer has willfully failed to comply with the assignment order or has otherwise failed to comply with the assignment order on three separate occasions within a 12-month period, the court may impose a civil penalty, in addition to any other penalty required by law, of up to 50 percent of the support amount that has not been received by the obligee.
   (e) To facilitate employer awareness, the local child support agency shall make reasonable efforts to notify any employer subject to an assignment order pursuant to this chapter of the electronic fund transfer provision and enhanced penalties provided by this act. (f) Notwithstanding any other provision of law, any penalty payable pursuant to this subdivision shall be payable directly to the obligee.  The local child support agency shall not be required to establish or collect this penalty on behalf of the obligee.  The penalty shall not be included when determining the income of the obligee for the purpose of determining the eligibility of the obligee for benefits payable pursuant to state supplemental income programs. A court may issue the order requiring payment of support by electronic transfer from the employer's bank account and impose the penalty described in this subdivision, after notice and hearing. This provision shall not be construed to expand or limit the duties and obligations of the Labor Commissioner, as set forth in Section 200 and following of the Labor Code.
Section 5242 Lien on earnings; service of order. Service of the assignment order creates a lien on the earnings of the employee and the property of the employer to the same extent as the service of an earnings withholding order as provided in Section 706.029 of the Code of Civil Procedure.
Section 5243 Priority of order.  An assignment order for support has priority as against any
attachment, execution, or other assignment as specified in Section 706.031 of the Code of Civil Procedure.
Section 5244 Local child support agency; enforcement or collection duties.  A reference to the local child support agency in this chapter applies only when the local child support agency is otherwise ordered or required to act pursuant to law.  Nothing in this chapter shall be deemed to mandate additional enforcement or collection duties upon the local child support agency beyond those otherwise
imposed by law.
Section 5245 Enforcement of support obligations; authority of local child support agency to use civil and criminal remedies.  Nothing in this chapter limits the authority of the local child support agency to use any other civil and criminal remedies to enforce support obligations, regardless of whether or not the child or the obligee who is the parent, guardian, or other person entitled to receive payment is the recipient of welfare moneys.
Section 5246 Assignment of earnings; notice to employer; employer's duties; application of section.(a) This section applies only to Title IV-D cases where support enforcement services are being provided by the local child support agency pursuant to Section 17400.
   (b) In lieu of an earnings assignment order signed by a judicial officer, the local child support agency may serve on the employer a notice of assignment in the manner specified in Section 5232.  An order/notice to withhold income for child support shall have the same force and effect as an earnings assignment order signed by a judicial officer.  An order/notice to withhold income for child support, when used under this section, shall be considered a notice and shall not require the signature of a judicial officer.
   (c) Pursuant to Section 666 of Title 42 of the United States Code, the federally mandated order/notice to withhold income for child support shall be used for the purposes described in this section.
   (d) (1) An order/notice to withhold income may not reduce the current amount withheld for court-ordered child support.
   (2) If the underlying court order for support does not provide for an arrearage payment, or if an additional arrearage accrues after the date of the court order for support, the local child support agency may send an order/notice to withhold income for child support that shall be used for the purposes described in this section directly to the employer which specifies the updated arrearage amount and directs the employer to withhold an additional amount to be applied towards liquidation of the arrearages not to exceed the maximum amount permitted by Section 1673(b) of Title 15 of the United States Code.
   (3) Notwithstanding paragraph (2), if an obligor is disabled, meets the SSI resource test, and is receiving Supplemental Security Income/State Supplementary Payments (SSI/SSP) or, but for excess income as described in Section 416.1100 et seq. of Part 416 of Title 20 of the Code of Federal Regulations, would be eligible to receive SSI/SSP, pursuant to Section 12200 of the Welfare and Institutions Code, and the obligor has supplied the local child support agency with proof of his or her eligibility for and, if applicable, receipt of, SSI/SSP or Social Security Disability Insurance benefits, then the order/notice to withhold income issued by the local child support agency for the liquidation of the arrearage shall not exceed 5 percent of the obligor's total monthly Social Security Disability payments under Title II of the Social Security Act.
   (e) If the obligor requests a hearing, a hearing date shall be scheduled within 20 days of the filing of the request with the court.   The clerk of the court shall provide notice of the hearing to the local child support agency and the obligor no later than 10 days prior to the hearing.
   (1) If at the hearing the obligor establishes that he or she is not the obligor or good cause or an alternative arrangement as provided in Section 5260, the court may order that service of the order/notice to withhold income for child support be quashed.  If the court quashes service of the order/notice to withhold income for
child support, the local child support agency shall notify the employer within 10 days.
   (2) If the obligor contends at the hearing that the payment of arrearages at the rate specified in the order/notice to withhold income for child support is excessive or that the total arrearages owing is incorrect, and if it is determined that payment of the arrearages at the rate specified in this section creates an undue
hardship upon the obligor or that the withholding would exceed the maximum amount permitted by Section 1673(b) of Title 15 of the United States Code Annotated, the rate at which the arrearages must be paid shall be reduced to a rate that is fair and reasonable considering the circumstances of the parties and the best interest of the child. If it is determined at a hearing that the total amount of arrearages calculated is erroneous, the court shall modify the amount calculated to the correct amount.  If the court modifies the total amount of arrearages owed or reduces the monthly payment due on the arrearages, the local child support agency shall serve the employer with an amended order/notice to withhold income for child support within 10 days.
   (f) If an obligor's current support obligation has terminated by operation of law, the local child support agency may serve an order/notice to withhold income for child support on the employer which directs the employer to continue withholding from the obligor's earnings an amount to be applied towards liquidation of the arrearages, not to exceed the maximum amount permitted by Section 1673(b) of Title 15 of the United States Code, until such time that the employer is notified by the local child support agency that the arrearages have been paid in full.  The employer shall provide the obligor with a copy of the order/notice to withhold income for child support and a blank form that the obligor may file with the court to request a hearing to modify or quash the assignment with instructions on how to file the form and obtain a hearing date.  The obligor shall be entitled to the same rights to a hearing as specified in subdivision (e).
   (g) The local child support agency shall retain a copy of the order/notice to withhold income for child support and shall file a copy with the court whenever a hearing concerning the order/notice to withhold income for child support is requested.
   (h) The local child support agency may transmit an order/notice to withhold income for child support and other forms required by this section to the employer through electronic means.
Section 5247 Civil liability of local child support agency or employer.  Neither the local child support agency nor an employer shall be subject to any civil liability for any amount withheld and paid to the obligee, the local child support agency, or the State Disbursement Unit pursuant to an earnings assignment order or notice of assignment.

                                         Article 3. Support Orders Issued or Modified Before July 1, 1990

Section 5250

Application of article. For a support order first issued or modified before July 1, 1990, this article provides a procedure for obtaining an earnings assignment order for support when the court in ordering support or modification of support did not issue an assignment order.
Section 5251 Procedure for obtaining assignment. The obligee seeking issuance of an assignment order to enforce a support order described in Section 5250 may use the procedure set forth in this article by filing an application under Section 5252, or by notice of motion or order to show cause, or pursuant to subdivision (b) of Section 5230.
Section 5252 Application for assignment order; false declarations or notices; punishment. (a) An assignment order under this article may be issued only upon an application signed under penalty of perjury by the obligee that the obligor is in default in support payments in a sum equal to the amount of support payable for one month, for any other occurrence specified by the court in the support order, or earlier by court order if requested by the local child support agency or the obligor.
Section 5253 Issuance of assignment order. Upon receipt of the application, the court shall issue, without notice to the obligor, an assignment order requiring the employer of the obligor to pay to the obligee or the State Disbursement Unit that portion of the earnings of the obligor due or to become due in the future as will be sufficient to pay an amount to cover both of the following: (a) The amount ordered by the court for support. (b) An amount which shall be ordered by the court to be paid toward the liquidation of any arrearage or past due support amount.
   

                                         Article 4. Stay of Service of Assignment Order

Section 5260

Finding of good cause necessary to stay order; restrictions. (a) The court may order that service of the assignment order be stayed only if the court makes a finding of good cause or if an alternative arrangement exists for payment in accordance with paragraph (2) of subdivision (b).  Notwithstanding any other
provision of law, service of wage assignments issued for foreign orders for support, and service of foreign orders for the assignment of wages registered pursuant to Article 6 (commencing with Section 4950) of Chapter 6 shall not be stayed pursuant to this subdivision.

   (b) For purposes of this section, good cause or an alternative arrangement for staying an assignment order is as follows:
   (1) Good cause for staying a wage assignment exists only when all of the following conditions exist:
   (A) The court provides a written explanation of why the stay of the wage assignment would be in the best interests of the child.
   (B) The obligor has a history of uninterrupted, full, and timely payment, other than through a wage assignment or other mandatory process of previously ordered support, during the previous 12 months.
   (C) The obligor does not owe an arrearage for prior support.
   (D) The obligor proves, and the court finds, by clear and convincing evidence that service of the wage assignment would cause extraordinary hardship upon the obligor.  Whenever possible, the court shall specify a date that any stay ordered under this section will automatically terminate.
   (2) An alternative arrangement for staying a wage assignment ordershall require a written agreement between the parties that providesfor payment of the support obligation as ordered other than throughthe immediate service of a wage assignment.  Any agreement betweenthe parties which includes the staying of a service of a wage assignment shall include the concurrence of the local child support agency in any case in which support is ordered to be paid through a county officer designated for that purpose.  The execution of an agreement pursuant to this paragraph shall not preclude a party from thereafter seeking a wage assignment in accordance with the procedures specified in Section 5261 upon violation of the agreement.
 
Section 5261 Termination of stay; declaration; falsification of declaration; penalty. (a) If service of the assignment order has been orderedstayed, the stay shall terminate pursuant to subdivision (b) upon theobligor's failure to make timely support payments or earlier bycourt order if requested by the local child support agency or by the obligor.  The stay shall terminate earlier by court order if requested by any other obligee who can establish that good cause, as defined in Section 5260, no longer exists.
   (b) To terminate a stay of the service of the assignment order, the obligee shall file a declaration signed under penalty of perjury by the obligee that the obligor is in arrears in payment of any portion of the support.  At the time of filing the declaration, the stay shall terminate by operation of law without notice to the
obligor.
   (c) In addition to any other penalty provided by law, the filing of a declaration under subdivision (b) with knowledge of the falsity of its contents is punishable as a contempt pursuant to Section 1209 of the Code of Civil Procedure.
 

                                        Article 5. Motion to Quash Assignment Order

Section 5270

Grounds for Motion.  (a) An obligor may move to quash an assignment order on any of the following grounds:
   (1) The assignment order does not correctly state the amount of current or overdue support ordered by the courts.
   (2) The alleged obligor is not the obligor from whom support is due.
   (3) The amount to be withheld exceeds that allowable under federal law in subsection (b) of Section 1673 of Title 15 of the United States Code.
   (b) If an assignment order is sought under Article 3 (commencing with Section 5250), the party ordered to pay support may also move to quash the service of the order based upon Section 5260.
   (c) The obligor shall state under oath the ground on which the motion to quash is made.
   (d) If an assignment order which has been issued and served on a prior employer is served on the obligor's new employer, the obligor does not have the right to move to quash the assignment order on any grounds which the obligor previously raised when the assignment order was served on the prior employer or on any grounds which the obligor could have raised when the assignment order was served on the prior employer but failed to raise.
 
Section 5271 Motion and notice of motion to quash; filing; hearing; service on obligee. (a) The motion and notice of motion to quash the assignment order shall be filed with the court issuing the order within 10 days after delivery of the copy of the assignment order to the obligor by the employer.
   (b) The clerk of the court shall set the motion to quash for hearing within not less than 15 days, nor more than 20 days, after receipt of the notice of motion.
   (c) The obligor shall serve personally or by first-class mail, postage prepaid, a copy of the motion and notice of motion on the obligee named in the assignment order no less than 10 days before the date of the hearing.
 
Section 5272 Error or excess in amount of current support or arrearage; modification of order. A finding of error in the amount of the current support or
arrearage or that the amount exceeds federal or state limits is not grounds to vacate the assignment order.  The court shall modify the order to reflect the correct or allowable amount of support or arrearages.  The fact that the obligor may have subsequently paid the arrearages does not relieve the court of its duty to enter the assignment order.
 

                                         Article 6. Information Concerning Address and Employment of Obligor

Section 5280

Obligor's whereabouts or identity of employer unknown; duties of local child support agency. If the obligee making the application under this chapter also states that the whereabouts of the obligor or the identity of the obligor's employer is unknown to the party to whom support has been ordered to be paid, the local child support agency shall do both of the following:
   (a) Contact the California parent locator service maintained by the Department of Justice in the manner prescribed in Section 17506.
   (b) Upon receiving the requested information, notify the court of the last known address of the obligor and the name and address of the obligor's last known employer.
 
Section 5281 Duty of obligor to inform obligee of change of employment. An assignment order required or authorized by this chapter shall include a requirement that the obligor notify the obligee of any change of employment and of the name and address of the obligor's new employer within 10 days of obtaining new employment.
 
Section 5282 Duty of employer to inform obligee of obligor's change of employment. After the obligor has left employment with the employer, the employer, at the time the next payment is due on the assignment order, shall notify the obligee designated in the assignment order by first-class mail, postage prepaid, to the last known address of the obligee that the obligor has left employment.
 

                                         Article 7. Prohibited Practices

Section 5290

Use of assignment order under chapter as basis of adverse employment action; violations; civil penalty. No employer shall use an assignment order authorized by this chapter as grounds for refusing to hire a person, or for discharging, taking disciplinary action against, denying a promotion to, or for taking any other action adversely affecting the terms and conditions of employment of, an employee.  An employer who engages in the conduct prohibited by this section may be assessed a civil penalty of a maximum of five hundred dollars ($500).
 

                                        Article 8. Judicial Council Forms

Section 5295

Forms. The Judicial Council shall prescribe forms necessary to carry out the requirements of this chapter, including the following:
   (a) The written statement of the obligor's rights.
   (b) The earnings assignment order for support.
   (c) The instruction guide for obligees and obligors.
   (d) The application forms required under Sections 5230, 5252, and 5261.
   (e) The notice form required under Section 5252.
   (f) Revised judgment and assignment order forms as necessary.
 

                                        Article 9. Intercounty Support Obligations

Section 5600

Registration of order for support or earnings withholding obtained in another county. (a) A local child support agency or obligee may register an order for support or earnings withholding, or both, obtained in another county of the state.
   (b) An obligee may register a support order in the court of another county of this state in the manner, with the effect, and for the purposes provided in this part.  The orders may be registered in any county in which the obligor, the obligee, or the child who is the subject of the order resides, or in any county in which the obligor has income, assets, or any other property.
 
Section 5601 Registration by local child support agency of support order made in another county; procedures; motion to vacate; notice of registration. (a) When the local child support agency is responsible for the enforcement of a support order pursuant to Section 17400, the local child support agency may register a support order made in another county by utilizing the procedures set forth in Section 5602 or by filing all of the following in the superior court of his or her
county:
   (1) An endorsed file copy of the most recent support order or a copy thereof.
   (2) A statement of arrearages, including an accounting of amounts ordered and paid each month, together with any added costs, fees, and interest.
   (3) A statement prepared by the local child support agency showing the post office address of the local child support agency, the last known place of residence or post office address of the obligor; the most recent address of the obligor set forth in the licensing records of the Department of Motor Vehicles, if known; and a list of other states and counties in California that are known to the local child support agency in which the original order of support and any modifications are registered.
   (b) The filing of the documents described in subdivision (a) constitutes registration under this chapter.
   (c) Promptly upon registration, the local child support agency shall, in compliance with the requirements of Section 1013 of the Code of Civil Procedure, or in any other manner as provided by law, serve the obligor with copies of the documents described in subdivision (a).
   (d) If a motion to vacate registration is filed under Section 5603, any party may introduce into evidence copies of any pleadings, documents, or orders that have been filed in the original court or other courts where the support order has been registered or modified.   Certified copies of the documents shall not be required unless a party objects to the authenticity or accuracy of the document in which case it shall be the responsibility of the party who is asserting the authenticity of the document to obtain a certified copy of the questioned document.
   (e) Upon registration, the clerk of the court shall forward a notice of registration to the courts in other counties and states in which the original order for support and any modifications were issued or registered.  No further proceedings regarding the obligor's support obligations shall be filed in other counties.
   (f) The procedure prescribed by this section may also be used to register support or wage and earnings assignment orders of other California jurisdictions that previously have been registered for purposes of enforcement only pursuant to the Uniform Interstate Family Support Act (Chapter 6 (commencing with Section 4900)) in another California county.  The local child support agency may register such an order by filing an endorsed file copy of the registered California order plus any subsequent orders, including procedural amendments.
   (g) The Judicial Council shall develop the forms necessary to effectuate this section.  These forms shall be available no later than July 1, 1998.
 
Section 5602 Registration of order by obligee; procedure; notice. (a) An obligee other than the local child support agency may register an order issued in this state using the same procedures specified in subdivision (a) of Section 5601, except that the obligee shall prepare and file the statement of registration.  The statement shall be verified and signed by the obligee showing the mailing address of the obligee, the last known place of residence or mailing address of the obligor, and a list of other states and counties in California in which, to the obligee's knowledge, the original order of support and any modifications are registered.
   (b) Upon receipt of the documents described in subdivision (a) of Section 5601, the clerk of the court shall file them without payment of a filing fee or other cost to the obligee.  The filing constitutes registration under this chapter.
   (c) Promptly upon registration, the clerk of the court shall send, by any form of mail requiring a return receipt from the addressee only, to the obligor at the address given a notice of the registration with a copy of the registered support order and the post office address of the obligee.  Proof shall be made to the satisfaction of the court that the obligor personally received the notice of registration by mail or other method of service.  A return receipt signed by the obligor shall be satisfactory evidence of personal receipt.
 
Section 5603 Motion to vacate registration; procedure; hearing.  (a) An obligor shall have 20 days after the service of notice of the registration of a California order of support in which to file a noticed motion requesting the court to vacate the registration or for other relief.  In an action under this section, there shall be no joinder of actions, coordination of actions, or cross-complaints, and the claims or defenses shall be limited strictly to the identity of the obligor, the validity of the underlying California support order, or the accuracy of the obligee's statement of the amount of support remaining unpaid unless the amount has been previously established by a judgment or order.  The obligor shall serve a copy of the motion, personally or by first-class mail, on the local child support agency, private attorney
representing the obligee, or obligee representing himself or herself who filed the request for registration of the order, not less than 15 days prior to the date on which the motion is to be heard.  If service is by mail, Section 1013 of the Code of Civil Procedure applies.  If the obligor does not file the motion within 20 days, the
registered California support order and all other documents filed pursuant to subdivision (a) of Section 5601 or Section 5602 are confirmed.
   (b) At the hearing on the motion to vacate the registration of the order, the obligor may present only matters that would be available to the obligor as defenses in an action to enforce a support judgment.  If the obligor shows, and the court finds, that an appeal from the order is pending or that a stay of execution has been
granted, the court shall stay enforcement of the order until the appeal is concluded, the time for appeal has expired, or the order is vacated, upon satisfactory proof that the obligor has furnished security for payment of the support ordered.  If the obligor shows, and the court finds, any ground upon which enforcement of a California support order may be stayed, the court shall stay enforcement of the order for an appropriate period if the obligor furnishes security for payment of support.
 
Section 5604 Effect of previous determination of paternity made by another state. A previous determination of paternity made by another state, whether established through voluntary acknowledgment procedures in effect in that state or through an administrative or judicial process shall be given full faith and credit by the courts in this state, and shall have the same effect as a paternity determination made in this state and may be enforced and satisfied in a like manner.
 

                               Chapter 9: Private Child Support Collectors

                                          Article 1. Definitions

Section 5610

Private child support collector. For the purposes of this chapter, "private child support collector" means any individual, corporation, attorney, nonprofit organization, or other nongovernmental entity who is engaged by an obligee to collect child support ordered by a court or other tribunal for a fee or other consideration. The term does not include any attorney who addresses issues of ongoing child support or child support arrearages in the course of an action to establish parentage or a child support obligation, a proceeding under Division 10 (commencing with Section 6200), a proceeding for dissolution of marriage, legal separation, or nullity of marriage, or in postjudgment or modification proceedings related to any of those actions. A "private child support collector" includes any private, nongovernmental attorney whose business is substantially comprised of the collection or enforcement of child support. As used in this section, substantially means that at least 50 percent of the attorney's business, either in terms of remuneration or time spent, is comprised of the activity of seeking to collect or enforce child support obligations for other individuals.
 
Section 5611 Contract for child support collection between private child support collector and obligee; contents; notice of cancellation.  (a) Any contract for the collection of child support between a private child support collector and an obligee shall be in writing and written in simple language, in at least 10-point type, signed by the private child support collector and the obligee. The contract shall be delivered to the obligee in a paper form that the obligee may retain for his or her records. The contract shall include all of the following:
   (1) An explanation of the fees imposed by contract and otherwise permitted by law and an example of how they are calculated and deducted.
   (2) A statement that the amount of fees to be charged is set by the agency and is not set by state law.
   (3) A statement that the private child support collector cannot charge fees on current support if the obligee received any current child support during the 6 months preceding execution of the contract with the private collector.
   (4) An explanation of the nature of the services to be provided.
   (5) The expected duration of the contract, stated as a length of time or as an amount to be collected by the collection agency.
   (6) An explanation of the opportunities available to the obligee or private child support collector to cancel the contract or other conditions under which the contract terminates.
   (7) The mailing address, street address, telephone numbers, facsimile numbers, and Internet address or location of the private child support collector.
   (8) A statement that the private child support collector is not a governmental entity and that governmental entities in California provide child support collection and enforcement services free of charge.
   (9) A statement that the private child support collector collects only money owed to the obligee and not support assigned to the state or county due to the receipt of CalWORKs or Temporary Assistance to Needy Families.
   (10) A statement that the private child support collector will not retain fees from collections that are primarily attributable to the actions of a governmental entity or any other person or entity and is required by law to refund any fees improperly retained.
   (11) A statement that the obligee may continue to receive, or may pursue, services through a governmental entity to collect support, and the private child support collection agency will not require or request that the obligee cease or refrain from engaging those services.
   (12) A notice that the private child support collector is required to keep and maintain case records for a period of four years and four months, after the expiration of the contract and may thereafter destroy or otherwise dispose of the records. The obligee may, prior to destruction or disposal, retrieve those portions of the records that are not confidential.
   (13) A "Notice of Cancellation," which shall be included with the contract and which shall contain, in the same size font as the contract, the following statement, written in the same language as the contract:

         "Notice of Cancellation

You may cancel this contract, without any penalty or obligation, within 15 business days from the date the contract is signed or you receive this notice, whichever is later, or at any time if the private child support collector commits a material breach of any provision of the contract or a material violation of any provision of this chapter with respect to the obligee or the obligor, or _____________________________ (all other reasons for cancellation permitted).
To cancel this contract, mail or deliver a signed copy of this cancellation notice or any other written notice to ________________________________ (name of private child support collector) at _______________________________ (address
for mail or delivery) no later than midnight on ____________ (date).  I am canceling this contract. _________ (date) _________________ (signature)"

   (14) The following statement by the obligee on the first page of the contract:
   "I understand that this contract calls for (name of private child support collector) to collect money owed to me, and not money owed to the state or county. If child support is owed to the state or county because I am receiving or have received program benefits from CalWORKs or Temporary Assistance to Needy Families, then (name of private child support collector) cannot collect that money for me. If I start to receive program benefits from CalWORKs or Temporary Assistance to Needy Families during this contract, I must notify (name of private child support collector) in writing."
   "I declare by my signature below that the child support to be collected for me pursuant to this contract is not assigned to the state or county as of the time I sign this contract. I agree that I will give written notice to the private child support collector if I apply for program benefits under CalWORKs or Temporary Assistance to Needy Families during the term of this contract."

   (15) (A) The following statement by the obligee immediately above the signature line of the contract:
   "I understand that (name of private child support collector) will charge a fee for all the current child support and arrears it collects for me until the entire contract amount is collected or the contract terminates for another reason. I also understand that depending on the frequency and size of payments, it could take years for the amount specified in my contract to be collected. This means that if (name of private child support collector) is collecting my current support by wage withholding or other means, I will not receive the full amount of my periodic court-ordered current support until the contract terminates since (name of private child support collector) will be deducting its fee from the periodic court-ordered current support it collects for me."
   (B) The statement required by subparagraph (A) shall:
   (i) Be in a type size that is at least equal to one-quarter of the largest type size used in the contract. In no event shall the disclosure be printed in less than 8-point type.
   (ii) Be in a contrasting style, and contrasting color or bold type, which is equally or more visible than the type used in the contract.
   (b) The disclosures required by paragraph (1) of subdivision (a) of Section 5612 shall be printed in the contract, as follows:
   (1) In a type size that is at least equal to one-quarter of the largest type size used in the contract. In no event shall the disclosure be printed in less than 8-point type.
   (2) In a contrasting style, and contrasting color or bold type that is equally or more visible than the type used in the contract.
   (3) Immediately above, below, or beside the stated fee without any intervening words, pictures, marks, or symbols.
   (4) In the same language as the contract.
 
Section 5612 Advertising disclosures. (a) Each private child support collector:    (1) That charges any initial fee, processing fee, application fee, filing fee, or other fee or assessment that must be paid by an obligee regardless of whether any child support collection is made on behalf of the obligee shall make the following disclosure in every radio, television, or print advertisement intended for a target audience consisting primarily of California residents:
   "(Name of private child support collector) is not a governmental entity and charges an upfront fee for its services even if it does not collect anything."
   (2) That does not charge any fee or assessment specified in paragraph (1) shall make the following disclosure in every radio, television, or print advertisement aired for a target audience consisting primarily of California residents:
   "(Name of private child support collector) is not a governmental entity and charges a fee for its services."
   (b) The disclosures required in subdivision (a) shall also be stated during the first 30 seconds of any initial telephone conversation with an obligee and in the private child support collector's contract.
 
Section 5613 Cancellation or termination of contract with private child support collector. (a) An obligee shall have the right to cancel a contract with a private support collector under either of the following circumstances:
   (1) Within 15 business days of the later of signing the contract, or receiving a blank notice of cancellation form, or at any time if the private child support collector commits a material breach of any provision of the contract or a material violation of any provision of this chapter with respect to the obligee or the obligor.
   (2) At the end of any 12-month period in which the total amount collected by the private child support collector is less than 50 percent of the amount scheduled to be paid under a payment plan.
   (b) A contract shall automatically terminate when the contract term has expired or the contract amount has been collected, whichever occurs first.
 
Section 5614 Duties of private child support collector; prohibited acts. (a) A private child support collector shall do all of the following:
   (1) (A) Provide to an obligee all of the following information:
   (i) The name of, and any other identifying information relating to, any obligor who made child support payments collected by the private child support collector.
   (ii) The amount of support collected by the private child support collector.
   (iii) The date on which each amount was received by the private child support collector.
   (iv) The date on which each amount received by the private child support collector was sent to the obligee.
   (v) The amount of the payment sent to the obligee.
   (vi) The source of payment of support collected and the actions affirmatively taken by the private child support collector that resulted in the payment.
   (vii) The amount and percentage of each payment kept by the private child support collector as its fee.
   (B) The information required by paragraph (A) shall be made available, at the option of the obligee, by mail, telephone, or via secure Internet access. If provided by mail, the notice shall be sent at least quarterly and, if provided by any other method, the information shall be updated and made available at least monthly. Information accessed by telephone and the Internet shall be up to date.
   (2) Establish a direct deposit account with the state disbursement unit and shall within two business days from the date the funds are dispersed from the state disbursement unit to the private child support collector, if a portion of the funds constitute an obligor's fee, notify the Department of Child Support Services of the portion of each collection that constitutes a fee. The notification shall be sent by the private child support collector to the department in an electronic format to be determined by the department.
   (3) Maintain records of all child support collections made on behalf of a client who is an obligee. The records required under this section shall be maintained by the private child support collector for the duration of the contract plus a period of four years and four months from the date of the last child support payment collected by
the private child support collector on behalf of an obligee. In addition to information required by paragraph (1), the private child support collector shall maintain the following:
   (A) A copy of the order establishing the child support obligation under which a collection was made by the private child support collector.
   (B) Records of all correspondence between the private child support collector and the obligee or obligor in a case.
   (C) Any other pertinent information relating to the child support obligation, including any case, cause, or docket number of the court having jurisdiction over the matter and official government payment records obtained by the private child support collector on behalf of, and at the request of, the obligee.
   (4) Safeguard case records in a manner reasonably expected to prevent intentional or accidental disclosure of confidential information pertaining to the obligee or obligor, including providing necessary protections for records maintained in an automated system.
   (5) Ensure that every person who contracts with a private child support collector has the right to review all files and documents, both paper and electronic, in the possession of the private child support collector for the information specified in this paragraph regarding that obligee's case that are not required by law to be kept confidential. The obligee, during regular business hours, shall be provided reasonable access to and copies of the files and records of the private child support collector regarding all moneys received, collection attempts made, fees retained or paid to the private child support collector, and moneys disbursed to the obligee. The private child support collector may not charge a fee for access to the files and records, but may require the obligee to pay up to three cents ($0.03) per page for the copies prior to their release.
   (6) Provide, prior to commencing collection activities, written notice of any contract with an obligee to the local child support agency that is enforcing the obligee's support order, if known, or the local child support agency for the county in which the obligee resides as of the time the contract is signed by the obligee. The
notice shall identify the obligee, the obligor, and the amount of the arrearage claimed by the obligee.
   (b) A private child support collector shall not do any of the following:
   (1) Charge fees on current support if the obligee received any current child support during the six months preceding execution of the contract with the private child support collector. A private child support collector shall inquire of the obligee and record the month and year of the last current support payment and may rely on
information provided by the obligee in determining whether a fee may be charged on current support.
   (2) Improperly retain fees from collections that are primarily attributable to the actions of a governmental entity. The private child support collector shall refund all of those fees to the obligee immediately upon discovery or notice of the improper retention of fees.
   (3) Collect or attempt to collect child support by means of any conduct that is prohibited of a debt collector collecting a consumer debt under Sections 1788.10 to 1788.16, inclusive, of the Civil Code. This chapter does not modify, alter, or amend the definition of a debt or a debt collector under the Rosenthal Fair Debt Collection
Practices Act, Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code.
   (4) Misstate the amount of the fee that may be lawfully paid to the private child support collector for the performance of the contract or the identity of the person who is obligated to pay that fee.
   (5) Make a false representation of the amount of child support to be collected. A private child support collector is not in violation of this paragraph if it reasonably relied on sufficient documentation provided by the government entity collecting child support, a court with jurisdiction over the support obligation, or from the obligee,
or upon sufficient documentation provided by the obligor.
   (6) Ask any party other than the obligor to pay the child support obligation, unless that party is legally responsible for the obligation or is the legal representative of the obligor.
   (7) Require, on or after January 1, 2007, as a condition of providing services to the obligee, that the obligee waive any right or procedure provided for in any state law regarding the right to file and pursue a civil action, or that the obligee agree to resolve disputes in a jurisdiction outside of California or to the application of laws other than those of California, as provided by law. Any waiver by the obligee of the right to file and pursue a civil action, the right to file and pursue a civil action in California, or the right to rely upon California law as provided by law must be knowing, voluntary, and not made a condition of doing business with the private child support collector. Any waiver, including, but not limited to, an agreement to arbitrate or regarding choice of forum or choice of law, that is required as a condition of doing business with the private child support collector, shall be presumed involuntary, unconscionable, against public policy, and unenforceable. The private child support collector has the burden of proving that any waiver of rights, including any agreement to arbitrate a claim or regarding choice of forum or choice of law, was knowing, voluntary, and not made a condition of the contract with the obligee.
 
Section 5615 Remedies for violation of chapter; attorney acting as private child support collector subject to statutes, rules, and cases governing attorney conduct. (a) (1) A person may bring an action for actual damages incurred as a result of a violation of this chapter.
   (2) In addition to actual damages, a private child support collector who willfully and knowingly violates the provisions of this chapter shall be liable for a civil penalty in an amount determined by the court, which may not be less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).
   (3) (A) The prevailing party in any action pursuant to this chapter shall be entitled to recover the costs of the action. Reasonable attorney's fees, which shall be based on the time necessarily expended to enforce the liability, shall be awarded to a prevailing party, other than the private child support collector, asserting rights under this chapter. Reasonable attorney's fees may be awarded to a prevailing private child support collector if the court finds that the party bringing the action did not prosecute the action in good faith.
   (B) In an action by an obligor under this chapter, the private child support collector shall have no civil liability under this chapter to the obligor under any circumstance in which a debt collector would not have civil liability under Section 1788.30 of the Civil Code.
   (4) A private child support collector is not in violation of this chapter if the private child support collector shows, by a preponderance of the evidence, that the action complained of was not intentional and resulted from a bona fide error that occurred
notwithstanding the use of reasonable procedures to avoid the error.
   (5) The remedies provided in this section are cumulative and are in addition to any other procedures, rights, or remedies available under any other law.
   (b) Any waiver of the rights, requirements, and remedies provided by this chapter violates public policy and is void.
   (c) Notwithstanding any other provision of this chapter, including provisions establishing a right of cancellation and requiring notice thereof, any contract for the collection of child support between an attorney who is a "private child support collector" pursuant to Section 5610 shall conform to the statutes, rules, and case law governing attorney conduct, including the provisions of law providing that a contract with an attorney is cancelable by the attorney's client at any time. Upon cancellation of that contract, the attorney may seek compensation as provided by law, including, if applicable, a claim for the reasonable value of any services rendered to the attorney's client pursuant to the doctrine of quantum meruit, provided those services lead to the collection of support and the compensation is limited to what would have been collected had the contract been in effect. To the extent that the provisions of this chapter are in conflict with the provisions of state law governing the conduct of attorneys, this chapter shall control. If there is no conflict, an attorney who is a "private child support collector" pursuant to Section 5610 shall conform to the provisions of this chapter.
 
Section 5616 Court orders for child support and child support agreements; inclusion of provision for separate money judgment to pay fee of private child support collector; enforcement; assignment. (a) Every court order for child support issued on or after January 1, 2010, and every child support agreement providing for the payment of child support approved by a court on or after January 1, 2010, shall include a separate money judgment owed by the child support obligor to pay a fee not to exceed 33 and 1/3 percent of the total amount in arrears, and not to exceed 50 percent of the fee as charged by a private child support collector pursuant to a contract complying with the requirements of this chapter and any other child support collections costs expressly permitted by the child support order for the collection efforts undertaken by the private child support collector. The money judgment shall be in favor of the private child support collector and the child support obligee, jointly, but shall not constitute a private child support collector lien on real property unless an abstract of judgment is recorded pursuant to subdivision (d). Except as provided in subdivision (c), the money judgement may be enforced by the private child support collector by any means available to the obligee for the enforcement of the child support order without any additional action or order by the court. Nothing in this chapter shall be construed to grant the private child support collector any enforcement remedies beyond those authorized by federal or state law. Any fee collected from the obligor pursuant to a contract complying with the requirements of this chapter, shall not constitute child support.
   (b) If the child support order makes the obligor responsible for payment of collection fees and costs, fees that are deducted by a private child support collector may not be credited against child support arrearages or interest owing on arrearages or any other money owed by the obligor to the obligee.
   (c) If the order for child support requires payment of collection fees and costs by the obligor, then not later than five days after the date that the private child support collector makes its first collection, written notice shall be provided to the obligor of (1) the amount of arrearages subject to collection, (2) the amount of the
collection that shall be applied to the arrearage, and (3) the amount of the collection that shall be applied to the fees and costs of collection. The notice shall provide that, in addition to any other procedures available, the obligor has 30 days to file a motion to contest the amount of collection fees and costs assessed against the obligor.
   (d) Any fees or monetary obligations resulting from the contract between an obligee parent and a private child support collector, or moneys owed to a private child support collector by the obligor parent or obligee parent as a result of the private child support collector's efforts, does not create a lien on real property, unless an abstract of judgment is obtained from the court and recorded by the private child support collector against the real property in the county in which it is located, nor shall that amount be added to any existing lien created by a recorded abstract of support or be added to an obligation on any abstract of judgment. A private child support collector lien shall have the force, effect, and priority of a
judgment lien.
   (e) An assignment to a private child support collector is a voluntary assignment for the purpose of collecting the domestic support obligation as defined in Section 101 of Title 11 of the United States Bankruptcy Code (11 U.S.C.  Section 101 (14 A)).
 

Division 10. Prevention of Domestic Violence

                 Part 1. Short Title and Definitions                               

Section 6200

Short title. This division may be cited as the Domestic Violence Prevention Act.
Section 6201 Construction of code; application of definitions. Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code.
Section 6203 Abuse. For purposes of this act, "abuse" means any of the following:
   (a) Intentionally or recklessly to cause or attempt to cause bodily injury.
   (b) Sexual assault.
   (c) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
   (d) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.
Section 6205 Affinity. "Affinity," when applied to the marriage relation, signifies the connection existing in consequence of marriage between each of the married persons and the blood relatives of the other.
Section 6209 Cohabitant.  "Cohabitant" means a person who regularly resides in the household.  "Former cohabitant" means a person who formerly regularly resided in the household.
Section 6210 Dating relationship. "Dating relationship" means frequent, intimate associations
primarily characterized by the expectation of affection or sexual involvement independent of financial considerations.
Section 6211 Domestic violence. "Domestic violence" is abuse perpetrated against any of the
following persons:
   (a) A spouse or former spouse.
   (b) A cohabitant or former cohabitant, as defined in Section 6209.
   (c) A person with whom the respondent is having or has had a dating or engagement relationship.
   (d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).
   (e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.
   (f) Any other person related by consanguinity or affinity within the second degree.
Section 6215 Emergency protective orders. "Emergency protective order" means an order issued under Part 3 (commencing with Section 6240).
Section 6218 Protective order. "Protective order" means an order that includes any of the following restraining orders, whether issued ex parte, after notice and hearing, or in a judgment:
   (a) An order described in Section 6320 enjoining specific acts of abuse.
   (b) An order described in Section 6321 excluding a person from a dwelling.
   (c) An order described in Section 6322 enjoining other specified behavior.
Section 6219 Demonstration project to identify best practices in domestic violence court cases; participation in project; findings and recommendations. Subject to adequate, discretionary funding from a city or a county, the superior courts in San Diego County and in Santa Clara County may develop a demonstration project to identify the best practices in civil, juvenile, and criminal court cases involving domestic violence.  The superior courts in any other county that is able and willing may also participate in the demonstration project. The superior courts participating in this demonstration project shall report their findings and recommendations to the Judicial Council and the Legislature on or before May 1, 2004.  The Judicial Council may make those recommendations available to any court or county.

                 Part 2. General Provisions

Section 6220

Purpose. The purposes of this division are to prevent the recurrence of acts of violence and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence.
Section 6221 Application of division; forms for issuance of orders.  (a) Unless the provision or context otherwise requires, this division applies to any order described in this division, whether the order is issued in a proceeding brought pursuant to this division, in an action brought pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12), or in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties.
   (b) Nothing in this division affects the jurisdiction of the juvenile court.
   (c) Any order issued by a court to which this division applies shall be issued on forms adopted by the Judicial Council of California and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380.  However, the fact that an order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
Section 6222 Application, responsive pleading, or show cause order seeking to acquire, modify, or enforce a protective order; filing fee; waiver of service fee; forms. There is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a protective order or other order authorized by this division when the request for the other order is necessary to obtain or give effect to a protective order. There is no fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause.
Section 6223 Custody or visitation order; application of Part 2 of Division 8. A custody or visitation order issued in a proceeding brought pursuant to this division is subject to Part 2 (commencing with Section 3020) of Division 8 (custody of children).
Section 6224 Statement on face of order; expiration date and notice. An order described in this division shall state on its face the date of expiration of the order and the following statements in substantially the following form:
   "This order is effective when made.  The law enforcement agency shall enforce it immediately on receipt.  It is enforceable anywhere in California by any law enforcement agency that has received the order or is shown a copy of the order.  If proof of service on the restrained person has not been received, the law enforcement agency shall advise the restrained person of the terms of the order and then shall enforce it."
Section 6225 Explicit statement of address not required. A petition for an order described in this division is valid and the order is enforceable without explicitly stating the address of the petitioner or the petitioner's place of residence, school, employment, the place where the petitioner's child is provided child care services, or the child's school.
Section 6226 Forms and instructions; promulgation by judicial council. The Judicial Council shall prescribe the form of the orders and any other documents required by this division and shall promulgate forms and instructions for applying for orders described in this division.
Section 6227 Remedies in this chapter additional to other remedies. The remedies provided in this division are in addition to any other civil or criminal remedies that may be available to the petitioner.
Section 6228 Domestic violence incident reports and face sheets. (a) State and local law enforcement agencies shall provide, without charging a fee, one copy of all domestic violence incident report face sheets, one copy of all domestic violence incident reports, or both, to a victim of domestic violence, or to his or her representative if the victim is deceased, as defined in subdivision (g), upon request.  For purposes of this section, "domestic violence" has the definition given in Section 6211.
   (b) A copy of a domestic violence incident report face sheet shall be made available during regular business hours to a victim of domestic violence or his or her representative no later than 48 hours after being requested by the victim or his or her representative, unless