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Court Rules

California Rules of Court

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

Cal. Rules of Court, rule 5.420

Current text effective January 1, 2013.

#(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;

#(C) "Restraining order" under Welfare and Institutions Code section 213.5; and

#(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.

#(c) Duties of settlement service providers

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.

#History

Rule 5.420 adopted effective January 1, 2013.

#History

Title 5, Family and Juvenile Rules-Division 1, Family Rules-Chapter 16, Limited Scope Representation; Attorney's Fees and Costs; adopted January 1, 2013.

#History

Title 5, Family and Juvenile Rules-Division 1, Family Rules-Chapter 16, Limited Scope Representation; Attorney's Fees and Costs-Article 1, Limited Scope Representation; adopted January 1, 2013.

Official text: courts.ca.gov , checked October 19, 2026.