Section 6301 Of Chapter 1. General Provisions From California Family Law Code >> Division 10. >> Part 4. >> Chapter 1.
6301
. (a) An order under this part may be granted to any person
described in Section 6211, including a minor pursuant to subdivision
(b) of Section 372 of the Code of Civil Procedure.
(b) The right to petition for relief shall not be denied because
the petitioner has vacated the household to avoid abuse, and in the
case of a marital relationship, notwithstanding that a petition for
dissolution of marriage, for nullity of marriage, or for legal
separation of the parties has not been filed.
(c) The length of time since the most recent act of abuse is not,
by itself, determinative. The court shall consider the totality of
the circumstances in determining whether to grant or deny a petition
for relief.