Rule 5.381.Modification of child custody, visitation, and support orders in Domestic Violence Prevention Act cases
Division 1. Family Rules · Chapter 11. Domestic Violence Cases · Article 1. Domestic Violence Prevention Act Cases · Adopted 2012 · no amendments on record · Last verified September 10, 2026
Full Text of Rule 5.381
Plain-English Summary
Custody, visitation, and support orders made under the Domestic Violence Prevention Act need changing like any others, and this rule keeps the cost of doing so from falling on a protected person while the protection is live.
A filing fee may be charged on a request to modify such an order only after a protective order is no longer in effect. Once it may be charged, it is the ordinary fee for a motion or other paper requiring a hearing after the first paper — no more than that.
The retention rule follows the substance: any custody, visitation, or support order filed in a Domestic Violence Prevention Act case must be retained by the court as a Family Law order.
Frequently Asked Questions
Do I pay a fee to change custody orders in my domestic violence case?
Not while a protective order as defined in Family Code section 6218 is still in effect. A fee may be charged only after the protective order is no longer in effect.
What fee applies once one can be charged?
The same fee as for a motion, application, or any other paper requiring a hearing after the first paper.
Amendment History
Rule 5.381 adopted effective January 1, 2012.