Rule 5.445.Court communication protocol for domestic violence and child custody orders.

Division 1. Family Rules · Chapter 18. Court Coordination Rules · Article 1. Related Cases · Last amended 2013 · Last verified September 10, 2026

In one sentenceRule 5.445 requires every superior court to adopt local rules for sharing information between criminal courts issuing protective orders and courts issuing custody and visitation orders.

Full Text of Rule 5.445

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

(a) Definitions

For purposes of this rule:

(1) “Criminal court protective order” means any court order issued under California Penal Code section 136.2 arising from a complaint, an information, or an indictment in which the victim or witness and the defendant have a relationship as defined in Family Code section 6211.

(2) “Court” means all departments and divisions of the superior court of a single county.

(3) “Cases involving child custody and visitation” include family, juvenile, probate, and guardianship proceedings.

(b) Purpose

(1) This rule is intended to:

(A) Encourage courts to share information about the existence and terms of criminal court protective orders and other orders regarding child custody and visitation that involve the defendant and the victim or witness named in the criminal court protective orders.

(B) Encourage courts hearing cases involving child custody and visitation to take every action practicable to ensure that they are aware of the existence of any criminal court protective orders involving the parties to the action currently before them.

(C) Encourage criminal courts to take every action practicable to ensure that they are aware of the existence of any child custody or visitation court orders involving the defendant in the action currently before them.

(D) Permit appropriate visitation between a criminal defendant and his or her children under civil court orders, but at the same time provide for the safety of the victim or witness by ensuring that a criminal court protective order is not violated.

(E) Protect the rights of all parties and enhance the ability of law enforcement to enforce orders.

(F) Encourage courts to establish regional communication systems with courts in neighboring counties regarding the existence of and terms of criminal court protective orders.

(2) This rule is not intended to change the procedures, provided in Family Code section 6380, for the electronic entry of domestic violence restraining orders into the Domestic Violence Restraining Order System.

Every superior court must, by January 1, 2004, adopt local rules containing, at a minimum, the following elements:

(1) Court communication A procedure for communication among courts issuing criminal court protective orders and courts issuing orders involving child custody and visitation, regarding the existence and terms of criminal protective orders and child custody and visitation orders, including:

(A) A procedure requiring courts issuing any orders involving child custody or visitation to make reasonable efforts to determine whether there exists a criminal court protective order that involves any party to the action; and

(B) A procedure requiring courts issuing criminal court protective orders to make reasonable efforts to determine whether there exist any child custody or visitation orders that involve any party to the action.

(2) Modification A procedure by which the court that has issued a criminal court protective order may, after consultation with a court that has issued a subsequent child custody or visitation order, modify the criminal court protective order to allow or restrict contact between the person restrained by the order and his or her children.

(3) Penal Code section 136.2 The requirements of Penal Code section 136.2(f)(1) and (2).

End

Plain-English Summary

A criminal protective order and a family custody order can contradict each other — one forbidding contact, the other requiring an exchange of children — and the person caught between them risks arrest either way. This rule makes the two sides talk.

Its purposes are stated plainly: courts should share information about the existence and terms of criminal protective orders and custody and visitation orders involving the same people; courts hearing custody cases should take every practicable step to learn of any criminal protective order involving the parties; criminal courts should do the same about custody orders; and the arrangement should permit appropriate visitation between a criminal defendant and their children while ensuring the protective order is not violated. Courts are also encouraged to build regional communication systems with neighbouring counties.

The obligation is concrete rather than aspirational. Every superior court must have local rules providing a procedure for that communication — including a requirement that a court issuing custody or visitation orders make reasonable efforts to find out whether a criminal protective order involves any party, and the reverse — plus a procedure by which the criminal court, after consulting the court that made a later custody order, may modify its protective order to allow or restrict contact between the restrained person and their children.

“Court” here means all departments and divisions of a single county’s superior court, and cases involving custody and visitation include family, juvenile, probate and guardianship proceedings.

Frequently Asked Questions

What happens if my criminal protective order conflicts with my custody order?

Each court must have a local procedure by which the court that issued the criminal protective order may, after consulting the court that issued a later custody or visitation order, modify the protective order to allow or restrict contact between the restrained person and their children.

Will the family judge know about my criminal case order?

Local rules must require courts issuing custody or visitation orders to make reasonable efforts to determine whether a criminal court protective order involves any party to the action — and criminal courts to do the same about custody orders.

Which proceedings count as involving custody and visitation?

Family, juvenile, probate, and guardianship proceedings.

Amendment History

Rule 5.445 renumbered effective January 1, 2013; adopted as rule 5.500 effective January 1, 2003; previously amended effective January 1, 2005; previously amended and renumbered as rule 5.450 effective January 1, 2007.

(Subd (a) amended effective January 1, 2007.) (Subd (b) amended effective January 1, 2007.) (Subd (c) amended effective January 1, 2007; previously amended effective January 1, 2005.)

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: criminal protective order custody conflict CaliforniaPenal Code 136.2 custody ordercourt communication protocol domestic violence