(a) A minor under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for (1) an injunction or temporary restraining order or both to prohibit harassment pursuant to Section 527.6, (2) an injunction or temporary restraining order or both against violence or a credible threat of violence in the workplace pursuant to Section 527.8, (3) a protective order pursuant to Division 10 (commencing with Section 6200) of the Family Code, or (4) a protective order pursuant to Sections 7710 and 7720 of the Family Code.
§ 374.Appearance By Minor Under Age 12 Without Counsel to Request Or Oppose Injunction Or Temporary Restraining Order Or Protective Order
Title 3. Of the Parties to Civil Actions · Chapter 3. Disability of Party · Enacted 1998 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 374 lets a minor under 12, accompanied by a guardian ad litem, appear in court without an attorney for the limited purpose of seeking or opposing a harassment injunction, a workplace-violence injunction, or a domestic-violence or elder/dependent-adult protective order.
Full Text of § 374
(b) In making the determination concerning appointment of a particular guardian ad litem for purposes of this section, the court shall consider whether the minor and the guardian have divergent interests.
(c) The Judicial Council shall adopt forms by July 1, 1999, to implement this section. The forms shall be designed to facilitate the appointment of the guardian ad litem for purposes of this section.
Plain-English Summary
Section 374 extends a narrower version of the self-representation allowed to older minors under § 372(b) down to minors under 12 -- but only with a guardian ad litem at their side, and only for a defined set of protective proceedings: harassment injunctions under § 527.6, workplace-violence injunctions under § 527.8, domestic violence protective orders, and elder or dependent-adult protective orders under the Family Code.
As with the appointment of any guardian ad litem for this purpose, the court considers whether the minor and the proposed guardian ad litem have divergent interests before making the appointment. The Judicial Council was directed to adopt implementing forms by July 1, 1999, to make the appointment process for this purpose easier to use.
Frequently Asked Questions
Can a young child appear in court without a lawyer to ask for a protective order?
Yes, if the child is under 12 and accompanied by a guardian ad litem, § 374 allows appearance without counsel for the limited purpose of seeking or opposing a harassment injunction, workplace-violence injunction, or domestic-violence or elder/dependent-adult protective order.
Does the court check for conflicts before appointing a guardian ad litem under this section?
Yes. Section 374(b) requires the court to consider whether the minor and the proposed guardian ad litem have divergent interests when making the appointment.
Is this section limited to specific kinds of cases?
Yes. It applies only to the protective-order proceedings the statute lists, not to civil litigation generally.
Amendment History
Added by Stats. 1998, Ch. 706, Sec. 2. Effective September 22, 1998.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: minor under 12 restraining order californiachild guardian ad litem protective orderminor request protective order without lawyer california