Rule 5.420.Domestic violence procedures for court-connected settlement service providers

Division 1. Family Rules · Chapter 15. Settlement Services · Adopted 2013 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.420 sets the domestic violence protocol for court-connected settlement services in cases that do not involve custody or visitation.

Full Text of Rule 5.420

Text sizeJump to: (a) (b) (c) (d)

(a) Purpose

This rule sets forth the protocol for court-connected settlement service providers handling cases involving domestic violence and not involving child custody or visitation (parenting time).

(b) Definitions

(1) “Domestic violence” is used as defined in Family Code sections 6203 and 6211.

(2) “Protective order” is synonymous with “domestic violence restraining order” as well as the following:

(A) “Emergency protective order” under Family Code section 6215;

(B) “Protective order” under Family Code section 6218;

(D) “Orders by court” under Penal Code section 136.2.

(3) “Settlement service(s)” refers to voluntary procedures in which the parties in a family law case agree to meet with a neutral third party professional for the purpose of identifying the issues involved in the case and attempting to reach a resolution of those issues by mutual agreement.

Courts providing settlement services must develop procedures for handling cases involving domestic violence. In developing these procedures, courts should consider:

(1) Reviewing court files or, if available, intake forms, to inform the person providing settlement services of any existing protective orders or history of domestic violence;

(2) Making reasonable efforts to ensure the safety of parties when they are participating in services;

(3) Avoiding negotiating with the parties about using violence with each other, whether either party should or should not obtain or dismiss a restraining order, or whether either party should cooperate with criminal prosecution;

(4) Providing information and materials that describe the settlement services and procedures with respect to domestic violence;

(5) Meeting first with the parties separately to determine whether joint meetings are appropriate in a case in which there has been a history of domestic violence between the parties or in which a protective order is in effect;

(6) Conferring with the parties separately regarding safety-related issues and the option of continuing in separate sessions at separate times if domestic violence is discovered after services have begun;

(7) Protecting the confidentiality of each party’s times of arrival, departure, and meeting for separate sessions when appropriate; and

(8) Providing information to parties about support persons participating in joint or separate sessions.

(d) Training and education

All settlement service providers should participate in programs of continuing instruction in issues related to domestic violence, including child abuse.

End

Plain-English Summary

Settlement services are voluntary meetings with a neutral professional to identify the issues and try to resolve them by agreement. Where domestic violence is present and custody is not at stake, this rule supplies the handling protocol — a counterpart to rule 5.215’s protocol for Family Court Services.

Courts providing settlement services must develop procedures for these cases, and the rule lists what to consider: reviewing court files or intake forms so the provider knows about protective orders or a history of violence; making reasonable efforts to ensure the parties’ safety; providing information and materials describing the service and its domestic violence procedures; meeting the parties separately first to decide whether joint meetings are appropriate; conferring separately about safety and separate sessions if violence surfaces later; protecting the confidentiality of each party’s arrival, departure and meeting times; and telling parties about support persons.

One item is a prohibition rather than a consideration, and it mirrors the Family Court Services rule: avoiding negotiating with the parties about using violence with each other, about whether either should obtain or dismiss a restraining order, or about whether either should cooperate with criminal prosecution.

Frequently Asked Questions

Do settlement services have domestic violence procedures?

Yes. Courts providing settlement services must develop procedures for handling cases involving domestic violence, covering file review, safety, separate meetings, confidentiality of arrival and departure times, and support persons.

Will I be made to meet the other party together?

The protocol calls for meeting the parties separately first to determine whether joint meetings are appropriate where there has been a history of domestic violence or a protective order is in effect.

Amendment History

Rule 5.420 adopted effective January 1, 2013.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: settlement services domestic violence Californiacourt connected settlement providerfamily law settlement conference domestic violence