Can the judge order supervised visits at a restraining order hearing in California?

What the law says

Family Code section 6323(d): “When making an order for custody or visitation pursuant to this section, the court shall consider whether the best interest of the child, based upon the circumstances of the case, requires that a visitation or custody arrangement shall be limited to situations in which a third person, specified by the court, is present, or whether visitation or custody shall be suspended or denied.”

Section 6340(a)(1) says the court “may issue any of the orders described in Article 1 (commencing with Section 6320) after notice and a hearing,” which includes the custody and visitation orders in section 6323, and that a custody or visitation order made then survives the end of the protective order. Under section 6323(a), custody and visitation can be awarded only to a party who has established a parent and child relationship in one of the ways it lists, such as giving birth to the child, a court judgment of parentage, or a voluntary declaration of paternity in effect more than 60 days before the restraining order. If the protected party has established that relationship and the other party has not, the court may give the protected party temporary sole legal and physical custody and order no visitation until the other party establishes it.

Section 3100(b) applies the same test whenever a protective order restrains a parent, and includes virtual visitation. A parent may submit the name of a person suitable to be present, and the court may order supervised visitation with that person, but submitting a name does not require the court to order supervised visitation if it is not in the child’s best interest. The court considers the nature of the acts that led to the protective order, the time since it was issued, and whether there have been further acts of abuse.

• Family Code section 6323 (leginfo.legislature.ca.gov)
• Family Code section 6340 (leginfo.legislature.ca.gov)
• Family Code section 3100 (leginfo.legislature.ca.gov)
• Form DV-140, Child Custody and Visitation Order, Rev. January 1, 2026 (PDF)

What to do next

Look at form DV-140 (Rev. January 1, 2026) before the hearing: item 8 is no visitation, item 9 is professional supervised visits, item 10 is nonprofessional supervised visits, and item 11 is supervised exchanges. If you want a particular supervisor, have their name and contact details ready. Section 6323(a)(1) requires the parties to tell the court about any custody or visitation order already issued in another case.

• What supervised visitation is
• Supervised exchanges versus supervised visits
• How to prepare for your hearing