California Family Code § 6218 – Definition of “Protective Order” (DVPA)

Plain-Language Summary

California Family Code § 6218 is part of the Domestic Violence Prevention Act (DVPA). It tells courts and parties what a “protective order” means in DVPA cases. In short, a protective order is any restraining order issued under the DVPA that:

• Enjoins specific acts of abuse (Family Code § 6320),
• Excludes a person from a residence (Family Code § 6321), or
• Enjoins other behavior the court specifies to make the orders effective (Family Code § 6322).

Section 6218 also makes clear that these orders can be issued ex parte (temporarily, without the other side present), after notice and a hearing, or as part of a judgment. Many other DVPA statutes rely on the § 6218 definition—for example, firearm prohibitions (Family Code § 6389) apply to a person who is “subject to a protective order” as defined by § 6218.

Practical Examples

• Electronic harassment / “disturbing the peace”: A judge issues an order under § 6320 that forbids late-night texts, social-media contact, and tracking devices. Because this is a § 6320 order, it is a “protective order” under § 6218. Firearm prohibitions and other DVPA consequences now apply while the order is in effect.
• Exclusion from the home: After an incident of violence, the court issues an order under § 6321 excluding the restrained person from the family residence for safety. That exclusion order is a § 6218 “protective order.”
• Tailored conduct orders: To make no-contact orders effective, the court uses § 6322 to forbid the restrained person from contacting the protected party through third parties and from canceling the protected party’s phone plan. A § 6322 order is also a § 6218 protective order.

Published California Opinions Referring to or Applying § 6218

• Moore v. Bedard (2013) 213 Cal.App.4th 1206The Court of Appeal explained that DVPA restraining orders are “protective orders” as defined in § 6218 (orders under §§ 6320, 6321, 6322). It also held that custody/visitation/support orders made in a DVPA case can survive termination of the protective order.
• Garcia v. Escobar (2017) 17 Cal.App.5th 267The court confirmed that a juvenile court DV restraining order—enjoining acts described in § 6320—is a § 6218 “protective order,” and that after juvenile jurisdiction ends, a family court may renew that protective order under the DVPA.
• Parris J. v. Christopher U. (2023) — Cal.App.5th —In affirming a DVRO, the court noted that a dissolution judgment may include “a protective order as defined in § 6218” (citing § 6360). The opinion illustrates how DVPA courts use §§ 6320/6322 orders—each qualifying as § 6218 protective orders—to craft remedies tailored to stop abuse.
• People v. Duran (2004) 124 Cal.App.4th 666A criminal case referencing firearm restrictions tied to DVPA protective orders. The court discussed Penal Code firearm provisions that expressly look to a “protective order as defined in Family Code § 6218,” underscoring how the § 6218 definition triggers related firearms consequences.
• People v. Corpuz (2004) 120 Cal.App.4th 803Another criminal appellate decision recognizing that violating a protective order (as defined by § 6218) can lead to prosecution and firearm/ammunition disabilities. It highlights the cross-over between DVPA protective orders and criminal enforcement.

Full Text of Family Code § 6218 (Current)

“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.