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Declaration of______ in Support of Ex Parte’ Relief of Domestic Violence with Children, Temporary
Restraining Orders, Temporary Custody and Visitation orders, Child Abduct Orders and
Memorandum of Points and Authorities; Judicial Council Forms of the DVPA. Page 1
First and Last Name1
Address2
City, State, Zip3
Petitioner, In Pro Per,4
Ask the courts to redact your personal information for safety.5
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE, LAMOREAUX6
JUSTICE CENTER7
You First and Last Name, Petitioner) Case No: _______8
) Assigned for All purposes to: ________9
Time:10
) Date: _____11
) Depart: _____12
) DECLARATION OF YOUR NAME; IN13
vs ) SUPPORT EX PARTE RELIEF OF14
DOMESTIC VIOLENCE; TEMPOARIARY15
his name ) RESTRAINING ODERS WITH16
Respondent CHILDREN; TEMPOARIRY CUSTODY17
) AND VISTIATION OREDERS,18
) CHILD ABDUCT PREVENTION19
ORDER, NO TRAVEL WITH CHILDREN20
ORDERDER(S)PURSUANT TO:21
California Family Code 3120;22
“the court may grant whatever23
temporary custody order seems24
Proper”, enjoined with CDVPA’s25
pursuant to Ca Family Code of26
Practice and Procedures § 6203,27
6211; 6218;§ 2045 (b), 2047, 3011,28
3022, 3060, 6323(a)], et seq.29
MEMRANDUM OF POINTS AND30
AUTHORITIES31
I, First and Last Name, declare that I am over the age of 18 and I am the Petitioner in32
this matter. I offer my declaration in lieu of personal testimony pursuant to California33
Code of Civil Procedure ŞŞ 2009 and 2015.5; California Rule of the Court 1225; Reifler34
Declaration of______ in Support of Ex Parte’ Relief of Domestic Violence with Children, Temporary
Restraining Orders, Temporary Custody and Visitation orders, Child Abduct Orders and
Memorandum of Points and Authorities; Judicial Council Forms of the DVPA. Page 2
vs Superior Court, 39 Cal.App.3d 479 (1974) If called to testify, I would do so of my own1
knowledge as to the following:2
I.3
BACKROUND FACTS4
“History” (provide copies of incident reports, police reports, arrest reports, etc..)5
On________, petitioner provides court with factual evidence to grant petitioner6
protection of domestic violence pursuant to Ca Fam §6218, 6320; 6203 (d), to prevent7
recurrence of domestic violence pursuant to Ca Fam §6300 (a) and §6211, in the form8
of _____________.9
Petitioner reminds court of respondent’s patterns of abusive behavior and prior arrests10
for violation of past restraining orders, terrorist’s threats, child abuse and declarations of11
multiple sexual assaults, including latest that prompted petitioner to file this temporary12
relief of Domestic Violence with children and DVPA judicial council forms attached.13
I am not capable of securing the safety of my children with out ex-parte14
protection from the Domestic Violence Prevention Act; temporary restraining15
order of relief of Domestic Violence with children, temporary custody and16
visitation orders, and Order for No Travel with children, pursuant to Ca Fam §17
6218 and Ca Fam §§ 2045(b), 2047, 3021, 3022, 3060 et seq., 6323(a).18
Petitioner respectfully request this court grant petitioner’s Ex Parte Temporary relief of19
Domestic Violence with Children; temporary orders for protection and temporary20
custody and visitation orders, temporary No Travel Order, Temporary Abduct21
Prevention Order, until permanent hearing pursuant to California Domestic Violence22
Prevention Act sections: §6300 et seq. § 6218; to prevent recurrence of domestic23
violence pursuant to this affidavit demonstrating, to the court satisfaction, “reasonable24
proof of past act or acts of abuse, pursuant to, [Ca Fam DVPA §6300, 6218], thus25
“abuse” need not be actual infliction of physical injury or assault..26
Pursuant to CA Fam §3011 it is a detriment to the child’s best interest to award joint or27
sole custody to a parent that has perpetrated domestic violence in the past five year.28
29
30
31
32
Declaration of______ in Support of Ex Parte’ Relief of Domestic Violence with Children, Temporary
Restraining Orders, Temporary Custody and Visitation orders, Child Abduct Orders and
Memorandum of Points and Authorities; Judicial Council Forms of the DVPA. Page 3
II1
Pursuant to California Domestic Violence Protective Acts 6218, California Family2
Code 3120 , the court may grant whatever temporary custody order “seems3
necessary or proper”, [Ca Fam § 2045 (b), 2047, 3021, 3022, 3060 et seq., 6323(a)]4
Respondent continues to TORTURE PETITIONER WITH THREATS OF HARM, EXTORT MONEY from5
PETITIONER and family; uses denial of parental visitation and custody, as a means of “consequence6
to my disrespectful behavior”.7
Petitioner respectfully reminds this court that respondent has threatened me with8
“retaliation” if I proceed with court to seek protection, (by stating these types of9
facts; you are getting them into the court’s transcripts that create the record you will nee10
in the future).11
III12
Minor children are in immediate harm demonstrated by the respondent’s continued13
patterns of acts of domestic violence. (By stating these types of facts; you are getting14
them into the court’s transcripts that create the record you will nee in the future).15
Respondent’s violation of visitation order and pattern of abusive behavior are a16
detriment to the best interest of minor children. (by stating these types of facts; you are17
getting them into the court’s transcripts that create the record you will nee in the future).18
It is in the best interest of the minor children to order to grant ex parte temporary relief of19
Domestic Violence with Children Order, Temporary custody and visitation order; No20
travel with Children, and Abduction Prevention orders set out in DV judicial council21
forms DV 140, 105, 103 101___.(by stating these types of facts; you are getting them22
into the court’s transcripts that create the record you will nee in the future).23
On August 23, respondent refused to allow me to see my children unless I paid him24
“cash”, (exhibit ______,) and imprisoned the children in his vehicle, (in the heat with the25
windows rolled up), prior to allowing the children to visit, (exhibit____________).26
Grandparent, handed respondent cash and then CHILDREN WERE RELEASED from27
respondents vehicle and visit commenced, (declaration of witness filed with order for28
request), exhibit (_____)29
I have called the police each time respondent violates court order, however, LA police30
refer me to the DA… EXHIBIT31
32
33
Declaration of______ in Support of Ex Parte’ Relief of Domestic Violence with Children, Temporary
Restraining Orders, Temporary Custody and Visitation orders, Child Abduct Orders and
Memorandum of Points and Authorities; Judicial Council Forms of the DVPA. Page 4
IV1
Child Abduction Prevention Orders:2
The respondent is a detriment to the best interest of minor children’s health safety and3
welfare pursuant to Ca Fam §§ 3011, 3045(b), 2047, 3021, 3060 et seq., 6323(a) and4
poses great risk of abduction pursuant to CA Fam §§3048, (b).5
The Family code identifies several factors that may signal a risk of one parent might6
“abduct” the minor children to another county state or country. If it becomes aware of7
facts indicating such a risk, the court has a duty to determine whether orders should be8
entered to prevent the threatened abduction (move away or travel restrictions, posting a9
bond, even turning in passports, etc). Pursuant to CCP [Ca Fam 3048(b)].10
Respondent has been arrested ________ times in the last 5 years for violation of11
restraining orders, exhibit_______, terrorist’s threats, battery, and violation of court12
orders.13
Respondent refuses to cooperate regarding parenting, restricting visitation of minor14
children as tool to be relieved of his child support obligation of arrears,15
exhibit__________.16
I am fearful that the respondent will abduct minor children and flee the county or state.17
Respondent has changed vehicles, and minor children informed me that respondents18
has obtained passports with out my knowledge and has family ties outside of this19
country as his mother lives in ____.20
Respondent has recently quit his job; I confirmed this with the __________.21
I continue to respectfully pray to the courts for protection for myself and minor children; I22
do not want minor children to be further exposed to conflict and risk of abduction.23
I am not capable of securing the safety of my children with out ex-parte protection from24
the Domestic Violence Prevention Act; temporary restraining order of relief of Domestic25
Violence with children, temporary custody and visitation orders, and yempoary Order for26
No Travel with children, pursuant to Ca Fam § 6218 and Ca Fam §§ 2045(b), 2047,27
3021, 3022, 3060 et seq., 6323(a).28
In an effort to maintain frequent and continued contact with minor children, Petitioner is29
respectfully questing this court to order respondent to restrict contact with minor30
children to a secured residential land line; and order’s Respondent to exclude all31
conversation with minor children regarding issues of: domestic violence and32
custody/visitation proceedings, and respectfully requests this court allow33
Declaration of______ in Support of Ex Parte’ Relief of Domestic Violence with Children, Temporary
Restraining Orders, Temporary Custody and Visitation orders, Child Abduct Orders and
Memorandum of Points and Authorities; Judicial Council Forms of the DVPA. Page 5
communication to be recorded. (With out this court “order to record,” it is illegal to1
record).2
Conclusion3
Pursuant to California Domestic Violence Protective Acts 6218, California Family Code4
3120, this court has the authority and duty; and may grant whatever temporary custody5
order “seems necessary or proper”, enjoined with [Ca FAM § 2045 (b), 2047, 3011,6
3021, 3022, 3060 et seq., 6320(a), 6321, 6323]7
Judicial precedence give this court immediate discretion; ability and duty to grant Ex8
Parte Relief of Domestic Violence with Children Prevention Orders and No travel or9
visitation order to respondent, pending hearing pursuant to Ca Fam §(Pursuant to Ca10
Fam Code §3011, 3020, 3040(a) (1), and 3048).11
Pursuant to CA Fam §3011; it is a detriment to the child’s best interest to award joint or12
sole custody to a parent that has perpetrated domestic violence in the past five year.13
It is in the best interest of the minor children this court grant petitioner’s Ex Parte14
temporary relief of Domestic Violence with Children , temporary Abduct Prevention15
Order, Temporary Custody and Visitation Orders, temporary No travel with Children, set16
out in DV judicial council forms DV 140, 105, 103 101, 100___.17
Respondent’s behavior leaves me fearing for my life and the safety and welfare of18
our minor children.19
Respectfully submitted,20
21
Date:22
Your Name, Petitioner, In Pro Per23
24
25
26
27
28
29
30
Declaration of______ in Support of Ex Parte’ Relief of Domestic Violence with Children, Temporary
Restraining Orders, Temporary Custody and Visitation orders, Child Abduct Orders and
Memorandum of Points and Authorities; Judicial Council Forms of the DVPA. Page 6
Memorandum of Points and Authorities1
It is in the best interest of minor children for court to grant EMERGENCY2
RESTRAINING DOMESTIC VIOLENCE WITH CHILDREN PREVENTION3
ORDERS to petitioner and minor children, pursuant to CA Fam Code §6300-4
6320, Ex Parte Relief of Domestic Violence with Children and Domestic5
Violence With Children Prevention Orders, defined in DVPA, CA Fam §6
3011; 6200, 6218, 6320,6323(a).7
1. It is a detriment to the child’s best interest to award joint or sole custody to a8
parent that has perpetrated domestic violence in the past five year, Pursuant9
to CA Fam §3011, CA Fam § 6323(a), (action for exclusive custody10
DVPA actions),.11
2. Child Abduction Prevention Orders:12
The Family code identifies several factors that may signal a risk of one parent13
might “abduct” the minor children to another county state or country. If it14
becomes aware of facts indicating such a risk, the court has a duty to15
determine whether orders should be entered to prevent the threatened16
abduction (move away or travel restrictions, posting a bond, even turning in17
passports, etc). [Ca Fam 6200, 6218, 6320, 6323(a). 3011, 3048(b)].18
3. Assign thus to remand this case for a hearing on the merits, before a different19
judicial officer [Code Civ. Proc., § 170.1(c).] directing the Superior Court to20
grant Emergency Restraining of Domestic Violence with Children Orders21
Prevention Orders, child custody and visitation orders, [6323(a) actions for22
exclusive custody DVPA actions] and Child Abduction Prevention Orders,23
[Ca Fam§§2045,(b), 2047, 3021, 3022,3060, et seq., 6323(a)24
25
Respectfully submitted:26
Dated: _______________27
Your Name, Petitioner, In Pro Per28
29
Declaration of______ in Support of Ex Parte’ Relief of Domestic Violence with Children, Temporary
Restraining Orders, Temporary Custody and Visitation orders, Child Abduct Orders and
Memorandum of Points and Authorities; Judicial Council Forms of the DVPA. Page 7
Case # 123456 PROOF OF SERVICE-1013.0, 2015.5 C.C.P.1
State of California )2
County of Los Angeles )3
I am employed in the County of Los Angeles, State of California. I am over the age of 184
and not a party to the within action5
On________, at 9:00a.m; I phoned respondent (first and Last name); at 949-123-4567;6
and informed him I would be seeking Ex Parte Relief of Domestic Violence with7
Children, Temporary Custody and Visitation, No Travel with Children order(s), Child8
Abduct Prevention order pursuant to the DVPA Judicial Council forms____________;9
and Declaration of First and Last name of Petitioner in support of above orders; on10
March 16, 2012; at The Superior Court House of Orange County; located at 341 The11
City Drive, Orange , CA 92683; at 8;30 a.m. on the fifth floor.12
________________________13
Dated: ______, 2012 Signature14
15
16
17
End of document18
(Please see superior court at www.superiorcourt.org, select Family Law, select Forms,19
click drop down arrow, and scroll down to Domestic Violence packet).20
If you are granted temporary orders you will be given a hearing date in which you must21
have him personally served by someone other than yourself. You may ask that the22
Sheriff’s Department serves these orders.23
You will now need a detailed declaration and evidence to support permanent orders and24
he will need to be served usually 5 day prior to hearing. And make sure to include the25
blank Response to Domestic Violence. Please contact us dpbey@familypeaceince.org for26
assistance.27
In some cases Family Peace, Inc., can provide an advocate to accompany the victims to court to28
provide support; (and we encourage anyone who is interested in joining our mission; to reach out29
and email us where you live and which court In some cases Family Peace, Inc., can provide an30
advocate to accompany the victims to court to provide support; (and we encourage anyone who is31
interested in joining our mission; to reach out and email us where you live and which courts are in32
y33
o34
u35
r36
37
a38
r39
e40
a41
)42

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CA PREVENTION ORDERS

  • 1. Declaration of______ in Support of Ex Parte’ Relief of Domestic Violence with Children, Temporary Restraining Orders, Temporary Custody and Visitation orders, Child Abduct Orders and Memorandum of Points and Authorities; Judicial Council Forms of the DVPA. Page 1 First and Last Name1 Address2 City, State, Zip3 Petitioner, In Pro Per,4 Ask the courts to redact your personal information for safety.5 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE, LAMOREAUX6 JUSTICE CENTER7 You First and Last Name, Petitioner) Case No: _______8 ) Assigned for All purposes to: ________9 Time:10 ) Date: _____11 ) Depart: _____12 ) DECLARATION OF YOUR NAME; IN13 vs ) SUPPORT EX PARTE RELIEF OF14 DOMESTIC VIOLENCE; TEMPOARIARY15 his name ) RESTRAINING ODERS WITH16 Respondent CHILDREN; TEMPOARIRY CUSTODY17 ) AND VISTIATION OREDERS,18 ) CHILD ABDUCT PREVENTION19 ORDER, NO TRAVEL WITH CHILDREN20 ORDERDER(S)PURSUANT TO:21 California Family Code 3120;22 “the court may grant whatever23 temporary custody order seems24 Proper”, enjoined with CDVPA’s25 pursuant to Ca Family Code of26 Practice and Procedures § 6203,27 6211; 6218;§ 2045 (b), 2047, 3011,28 3022, 3060, 6323(a)], et seq.29 MEMRANDUM OF POINTS AND30 AUTHORITIES31 I, First and Last Name, declare that I am over the age of 18 and I am the Petitioner in32 this matter. I offer my declaration in lieu of personal testimony pursuant to California33 Code of Civil Procedure ŞŞ 2009 and 2015.5; California Rule of the Court 1225; Reifler34
  • 2. Declaration of______ in Support of Ex Parte’ Relief of Domestic Violence with Children, Temporary Restraining Orders, Temporary Custody and Visitation orders, Child Abduct Orders and Memorandum of Points and Authorities; Judicial Council Forms of the DVPA. Page 2 vs Superior Court, 39 Cal.App.3d 479 (1974) If called to testify, I would do so of my own1 knowledge as to the following:2 I.3 BACKROUND FACTS4 “History” (provide copies of incident reports, police reports, arrest reports, etc..)5 On________, petitioner provides court with factual evidence to grant petitioner6 protection of domestic violence pursuant to Ca Fam §6218, 6320; 6203 (d), to prevent7 recurrence of domestic violence pursuant to Ca Fam §6300 (a) and §6211, in the form8 of _____________.9 Petitioner reminds court of respondent’s patterns of abusive behavior and prior arrests10 for violation of past restraining orders, terrorist’s threats, child abuse and declarations of11 multiple sexual assaults, including latest that prompted petitioner to file this temporary12 relief of Domestic Violence with children and DVPA judicial council forms attached.13 I am not capable of securing the safety of my children with out ex-parte14 protection from the Domestic Violence Prevention Act; temporary restraining15 order of relief of Domestic Violence with children, temporary custody and16 visitation orders, and Order for No Travel with children, pursuant to Ca Fam §17 6218 and Ca Fam §§ 2045(b), 2047, 3021, 3022, 3060 et seq., 6323(a).18 Petitioner respectfully request this court grant petitioner’s Ex Parte Temporary relief of19 Domestic Violence with Children; temporary orders for protection and temporary20 custody and visitation orders, temporary No Travel Order, Temporary Abduct21 Prevention Order, until permanent hearing pursuant to California Domestic Violence22 Prevention Act sections: §6300 et seq. § 6218; to prevent recurrence of domestic23 violence pursuant to this affidavit demonstrating, to the court satisfaction, “reasonable24 proof of past act or acts of abuse, pursuant to, [Ca Fam DVPA §6300, 6218], thus25 “abuse” need not be actual infliction of physical injury or assault..26 Pursuant to CA Fam §3011 it is a detriment to the child’s best interest to award joint or27 sole custody to a parent that has perpetrated domestic violence in the past five year.28 29 30 31 32
  • 3. Declaration of______ in Support of Ex Parte’ Relief of Domestic Violence with Children, Temporary Restraining Orders, Temporary Custody and Visitation orders, Child Abduct Orders and Memorandum of Points and Authorities; Judicial Council Forms of the DVPA. Page 3 II1 Pursuant to California Domestic Violence Protective Acts 6218, California Family2 Code 3120 , the court may grant whatever temporary custody order “seems3 necessary or proper”, [Ca Fam § 2045 (b), 2047, 3021, 3022, 3060 et seq., 6323(a)]4 Respondent continues to TORTURE PETITIONER WITH THREATS OF HARM, EXTORT MONEY from5 PETITIONER and family; uses denial of parental visitation and custody, as a means of “consequence6 to my disrespectful behavior”.7 Petitioner respectfully reminds this court that respondent has threatened me with8 “retaliation” if I proceed with court to seek protection, (by stating these types of9 facts; you are getting them into the court’s transcripts that create the record you will nee10 in the future).11 III12 Minor children are in immediate harm demonstrated by the respondent’s continued13 patterns of acts of domestic violence. (By stating these types of facts; you are getting14 them into the court’s transcripts that create the record you will nee in the future).15 Respondent’s violation of visitation order and pattern of abusive behavior are a16 detriment to the best interest of minor children. (by stating these types of facts; you are17 getting them into the court’s transcripts that create the record you will nee in the future).18 It is in the best interest of the minor children to order to grant ex parte temporary relief of19 Domestic Violence with Children Order, Temporary custody and visitation order; No20 travel with Children, and Abduction Prevention orders set out in DV judicial council21 forms DV 140, 105, 103 101___.(by stating these types of facts; you are getting them22 into the court’s transcripts that create the record you will nee in the future).23 On August 23, respondent refused to allow me to see my children unless I paid him24 “cash”, (exhibit ______,) and imprisoned the children in his vehicle, (in the heat with the25 windows rolled up), prior to allowing the children to visit, (exhibit____________).26 Grandparent, handed respondent cash and then CHILDREN WERE RELEASED from27 respondents vehicle and visit commenced, (declaration of witness filed with order for28 request), exhibit (_____)29 I have called the police each time respondent violates court order, however, LA police30 refer me to the DA… EXHIBIT31 32 33
  • 4. Declaration of______ in Support of Ex Parte’ Relief of Domestic Violence with Children, Temporary Restraining Orders, Temporary Custody and Visitation orders, Child Abduct Orders and Memorandum of Points and Authorities; Judicial Council Forms of the DVPA. Page 4 IV1 Child Abduction Prevention Orders:2 The respondent is a detriment to the best interest of minor children’s health safety and3 welfare pursuant to Ca Fam §§ 3011, 3045(b), 2047, 3021, 3060 et seq., 6323(a) and4 poses great risk of abduction pursuant to CA Fam §§3048, (b).5 The Family code identifies several factors that may signal a risk of one parent might6 “abduct” the minor children to another county state or country. If it becomes aware of7 facts indicating such a risk, the court has a duty to determine whether orders should be8 entered to prevent the threatened abduction (move away or travel restrictions, posting a9 bond, even turning in passports, etc). Pursuant to CCP [Ca Fam 3048(b)].10 Respondent has been arrested ________ times in the last 5 years for violation of11 restraining orders, exhibit_______, terrorist’s threats, battery, and violation of court12 orders.13 Respondent refuses to cooperate regarding parenting, restricting visitation of minor14 children as tool to be relieved of his child support obligation of arrears,15 exhibit__________.16 I am fearful that the respondent will abduct minor children and flee the county or state.17 Respondent has changed vehicles, and minor children informed me that respondents18 has obtained passports with out my knowledge and has family ties outside of this19 country as his mother lives in ____.20 Respondent has recently quit his job; I confirmed this with the __________.21 I continue to respectfully pray to the courts for protection for myself and minor children; I22 do not want minor children to be further exposed to conflict and risk of abduction.23 I am not capable of securing the safety of my children with out ex-parte protection from24 the Domestic Violence Prevention Act; temporary restraining order of relief of Domestic25 Violence with children, temporary custody and visitation orders, and yempoary Order for26 No Travel with children, pursuant to Ca Fam § 6218 and Ca Fam §§ 2045(b), 2047,27 3021, 3022, 3060 et seq., 6323(a).28 In an effort to maintain frequent and continued contact with minor children, Petitioner is29 respectfully questing this court to order respondent to restrict contact with minor30 children to a secured residential land line; and order’s Respondent to exclude all31 conversation with minor children regarding issues of: domestic violence and32 custody/visitation proceedings, and respectfully requests this court allow33
  • 5. Declaration of______ in Support of Ex Parte’ Relief of Domestic Violence with Children, Temporary Restraining Orders, Temporary Custody and Visitation orders, Child Abduct Orders and Memorandum of Points and Authorities; Judicial Council Forms of the DVPA. Page 5 communication to be recorded. (With out this court “order to record,” it is illegal to1 record).2 Conclusion3 Pursuant to California Domestic Violence Protective Acts 6218, California Family Code4 3120, this court has the authority and duty; and may grant whatever temporary custody5 order “seems necessary or proper”, enjoined with [Ca FAM § 2045 (b), 2047, 3011,6 3021, 3022, 3060 et seq., 6320(a), 6321, 6323]7 Judicial precedence give this court immediate discretion; ability and duty to grant Ex8 Parte Relief of Domestic Violence with Children Prevention Orders and No travel or9 visitation order to respondent, pending hearing pursuant to Ca Fam §(Pursuant to Ca10 Fam Code §3011, 3020, 3040(a) (1), and 3048).11 Pursuant to CA Fam §3011; it is a detriment to the child’s best interest to award joint or12 sole custody to a parent that has perpetrated domestic violence in the past five year.13 It is in the best interest of the minor children this court grant petitioner’s Ex Parte14 temporary relief of Domestic Violence with Children , temporary Abduct Prevention15 Order, Temporary Custody and Visitation Orders, temporary No travel with Children, set16 out in DV judicial council forms DV 140, 105, 103 101, 100___.17 Respondent’s behavior leaves me fearing for my life and the safety and welfare of18 our minor children.19 Respectfully submitted,20 21 Date:22 Your Name, Petitioner, In Pro Per23 24 25 26 27 28 29 30
  • 6. Declaration of______ in Support of Ex Parte’ Relief of Domestic Violence with Children, Temporary Restraining Orders, Temporary Custody and Visitation orders, Child Abduct Orders and Memorandum of Points and Authorities; Judicial Council Forms of the DVPA. Page 6 Memorandum of Points and Authorities1 It is in the best interest of minor children for court to grant EMERGENCY2 RESTRAINING DOMESTIC VIOLENCE WITH CHILDREN PREVENTION3 ORDERS to petitioner and minor children, pursuant to CA Fam Code §6300-4 6320, Ex Parte Relief of Domestic Violence with Children and Domestic5 Violence With Children Prevention Orders, defined in DVPA, CA Fam §6 3011; 6200, 6218, 6320,6323(a).7 1. It is a detriment to the child’s best interest to award joint or sole custody to a8 parent that has perpetrated domestic violence in the past five year, Pursuant9 to CA Fam §3011, CA Fam § 6323(a), (action for exclusive custody10 DVPA actions),.11 2. Child Abduction Prevention Orders:12 The Family code identifies several factors that may signal a risk of one parent13 might “abduct” the minor children to another county state or country. If it14 becomes aware of facts indicating such a risk, the court has a duty to15 determine whether orders should be entered to prevent the threatened16 abduction (move away or travel restrictions, posting a bond, even turning in17 passports, etc). [Ca Fam 6200, 6218, 6320, 6323(a). 3011, 3048(b)].18 3. Assign thus to remand this case for a hearing on the merits, before a different19 judicial officer [Code Civ. Proc., § 170.1(c).] directing the Superior Court to20 grant Emergency Restraining of Domestic Violence with Children Orders21 Prevention Orders, child custody and visitation orders, [6323(a) actions for22 exclusive custody DVPA actions] and Child Abduction Prevention Orders,23 [Ca Fam§§2045,(b), 2047, 3021, 3022,3060, et seq., 6323(a)24 25 Respectfully submitted:26 Dated: _______________27 Your Name, Petitioner, In Pro Per28 29
  • 7. Declaration of______ in Support of Ex Parte’ Relief of Domestic Violence with Children, Temporary Restraining Orders, Temporary Custody and Visitation orders, Child Abduct Orders and Memorandum of Points and Authorities; Judicial Council Forms of the DVPA. Page 7 Case # 123456 PROOF OF SERVICE-1013.0, 2015.5 C.C.P.1 State of California )2 County of Los Angeles )3 I am employed in the County of Los Angeles, State of California. I am over the age of 184 and not a party to the within action5 On________, at 9:00a.m; I phoned respondent (first and Last name); at 949-123-4567;6 and informed him I would be seeking Ex Parte Relief of Domestic Violence with7 Children, Temporary Custody and Visitation, No Travel with Children order(s), Child8 Abduct Prevention order pursuant to the DVPA Judicial Council forms____________;9 and Declaration of First and Last name of Petitioner in support of above orders; on10 March 16, 2012; at The Superior Court House of Orange County; located at 341 The11 City Drive, Orange , CA 92683; at 8;30 a.m. on the fifth floor.12 ________________________13 Dated: ______, 2012 Signature14 15 16 17 End of document18 (Please see superior court at www.superiorcourt.org, select Family Law, select Forms,19 click drop down arrow, and scroll down to Domestic Violence packet).20 If you are granted temporary orders you will be given a hearing date in which you must21 have him personally served by someone other than yourself. You may ask that the22 Sheriff’s Department serves these orders.23 You will now need a detailed declaration and evidence to support permanent orders and24 he will need to be served usually 5 day prior to hearing. And make sure to include the25 blank Response to Domestic Violence. Please contact us dpbey@familypeaceince.org for26 assistance.27 In some cases Family Peace, Inc., can provide an advocate to accompany the victims to court to28 provide support; (and we encourage anyone who is interested in joining our mission; to reach out29 and email us where you live and which court In some cases Family Peace, Inc., can provide an30 advocate to accompany the victims to court to provide support; (and we encourage anyone who is31 interested in joining our mission; to reach out and email us where you live and which courts are in32 y33 o34 u35 r36 37 a38 r39 e40 a41 )42