Rule 5.380.Agreement and judgment of parentage in Domestic Violence Prevention Act cases
Division 1. Family Rules · Chapter 11. Domestic Violence Cases · Article 1. Domestic Violence Prevention Act Cases · Last amended 2017 · Last verified September 10, 2026
Full Text of Rule 5.380
Plain-English Summary
Parentage often needs deciding inside a domestic violence proceeding, and requiring a protected person to open and pay for a second case to record it would defeat the point. Where the court accepts an agreement of parentage and issues judgment, it may not require a party to open a separate parentage or other case in which to file that judgment.
The court may still open a separate case of its own accord — but it must not charge a fee for filing the judgment there. And where the judgment is filed in a Domestic Violence Prevention Act case with a restraining order currently in effect, no filing fee may be charged at all.
Two administrative provisions follow: the judgment is retained by the court as a paternity record, and when the agreement and judgment form is filed the court must serve a notice of entry of judgment on the parties.
Frequently Asked Questions
Do I have to open a parentage case to record a parentage judgment from my DV case?
No. Where the court accepts the agreement and issues a judgment of parentage, it may not require a party to open a separate case in which to file it.
Is there a fee?
No fee may be charged for filing the judgment of parentage in a separate case the court opens, and none may be charged where the judgment is filed in a Domestic Violence Prevention Act case with a restraining order currently in effect.
Amendment History
Rule 5.380 amended effective January 1, 2017; adopted effective January 1, 2012.
(Subd (c) amended effective January 1, 2017.)