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Family

Apr. 12, 2024

Best practices for counsel in domestic violence restraining order cases under Family Code section 6309

Family Code section 6309, which became effective on Jan. 1, allows limited civil discovery in Domestic Violence Prevention Act (DVPA) proceedings. However, such discovery is not automatic and must be permitted for good cause shown.

Spring Street Courthouse

Lawrence P. Riff

Site Judge, Los Angeles County Superior Court

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Shortly after Jan. 1, 2024, when Family Code section 6309 (section 6309) became effective, my article appeared in these pages entitled, “A New DVRO Law Allows Limited Civil Discovery but with Careful Checks and Balances,” (Daily Journal, Jan. 10, 2024.) Among the key points: (1) The Legislature has finally answered the question: Yes, civil discovery is permissible in Domestic Violence Prevention Act (DVPA) proceedings; (2) But such discove...

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