Gonzalez v. Munoz

The Domestic Violence Prevention Act, Family Code section 6200 et seq. (DVPA), authorizes the trial court to make an ex parte order "determining the temporary custody and visitation of a minor child" (6323, subd. (a)(1)), provided the party seeking the temporary order has established a parent-child relationship by one of the means specified in the DVPA, which includes proof the party gave birth to the child. (6323, subd. (a)(2)(B)(i).) Section 6340, in turn, authorizes the court, after notice to the party to be restrained and a hearing, to issue "any of the orders described" in sections 6320 through 6327 and directs the court, when determining whether to do so, to "consider whether failure to make any of these orders may jeopardize the safety of the petitioner and the children for whom the custody or visitation orders are sought." (6340, subd. (a).)