The San Joaquin Superior Court accepts filings relating to Dissolution of Marriage, Child custody and Visitation, Paternity, Family Support, Domestic Violence Restraining Orders, Elder Abuse Restraining Orders and adoptions. Below you will find information that covers the most common information that is sought regarding family law cases.
Department 4A, 4B, and 5A Calendars
Court begins promptly at 8:15AM in all courtrooms. The public is expected to dress appropriately when attending court. Shorts and tank-tops are not allowed in the courtrooms.
Click here for the current Statewide Fee Schedule for Family Law related cases. The filing clerk will notifiy you of the filing fee at the time of filing. You may download a Fee Waiver from the California Courts website and submit with your filing.
Clerks cannot assist you in completing your forms. Please see the Pro Per Clinic for assistance in completing forms or inquiring which forms to complete for your particular situation. Check the general information page for clerk filing window hours.
Mediation / Child Custody Recommending Counselors
Mediation is provided by the court. Mediation is free of charge to families who need assistance reaching an agreement regarding child custody and visitation. All matters scheduled for child custody or visitation, for the first time, are required to attend the mandatory mediation orientation. The orientation is presented every Monday at 3:30PM in Dept 3D. Orientation for Spanish speakers is held on the 2nd and 4th Mondays of each month at 3:30PM – 180 E Weber Ave Suite 105, Stockton, CA .
If you have multiple reasons for appearing in court such as custody/visitation and support, the matter for custody/visitation will be heard in Dept 4A then may be transferred to Department 5A or DCSS (5th Floor) for your support issues. Please be sure to check with the courtroom clerk before leaving..
Family Support Division
Family Support filings can be made on the 4th Floor at 180 E Weber Ave, Stockton, CA 95202. Please see the department’s office hours above.
If you will be appearing in Dept 5A for any support issues, the court may ask you to present any or all of the following: proof of employment, proof of income, and proof of expenses. Failure to have this information with you could delay or postpone your appearance for another day.
Helpful information regarding the Family Law Annex
- The court only provides interpreters in limited cases. Please check with the filing clerk to see if you qualify. If you do not qualify for a court-provided interpreter you will be responsible for providing your own interpreter. If you do not bring an interpreter to your hearing your hearing may be postponed to another date to allow you additional time to obtain an interpreter.
- Do not bring children with you to your court date unless ordered to by the court. The matters discussed in the courtroom are not appropriate for children and there is a lot of tension in the lobby that children need not witness. If you must bring children to the courthouse when filing papers, they must be supervised at all times.
- Proper attire must be worn in all courtrooms. If you wear shorts or tank tops you may not be allowed in the courtroom, your case may be rescheduled or the court may rule in your absence.
- Be on time for all court appearances and scheduled appointments. If you are late, your case could be postponed or the judge could rule against you.
- If you feel you need an accommodation, please ask the clerk at the family law window for an accommodations form. Once completed, please submit to the clerk at the family law window for processing.
Department of Child Support Services
The Department of Child Support Services (DCSS) is not a branch of the Court. The DCSS office is a county department located at 826 N California Street, Stockton CA 95202. Their phone number is (866)-901-3212. You may also visit their website.
The DCSS office is available to provide you with assistance in collecting support on an existing court order, to help establish an order for support, paternity and medical insurance issues. Please contact them directly to obtain further information.
Filing a Restraining Order
If you are a domestic violence or elder abuse victim, you can file a request in Superior Court. The court provides packets to file restraining orders. The packets can be obtained at any court branch during regular business hours or by going to the 4th Floor at 180 E Weber Ave, Stockton, CA 95202.
Documents can by typed or hand-printed, using blue or black ink and must be legible. Do not use Lined paper or colored paper for declarations with your domestic violence restraining order or with elder abuse restraining orders. Declarations are limited to 10 pages unless you have prior permission from the court to submit a longer declaration.
If the restraining order is completed correctly and submitted to the clerk’s office no later than 10AM, the order can be picked up at 3:30PM the same day.
You are not required to disclose your address and phone number. Should you choose to not disclose your address “Confidential” must be in place of your address and phone number.
For information about a shelter or other community services available in San Joaquin County or proper procedures for a victim to follow after a sexual assault, you may contact the Women’s Center http://www.womenscenterofsjc.com/ (209) 941-2611, the Battered Women’s Crisis Line, (209) 465-4878, or the Sexual Assault Line (209)464-4997. For counseling services and assistance in typing up restraining orders please call the Victim-Witness Program of the District Attorney’s Office (209) 468-2500 or the Women’s Center.
Other services in the community that may be of assistance to you:
- For legal assistance contact: Lawyer Referral Service (209) 948-4620
- When child abuse has occurred contact: Child Protective Services (209) 468-1333
- Victim/Witness (209) 468-2500
- You should know that even if the police have arrested your attacker, release from jail may happen at any time. It is your responsibility to request notification of an inmate’s release.
- You can ask the District Attorney to file a criminal complaint against your attacker. You also have the right to file a civil suit for losses suffered as a result of the abuse. These losses may include doctor or hospital bills, wages, and any other related expenses incurred by you or any agency that sheltered you.
- Sexual assault by a person who is known to the victim, including sexual assault by a person who is the spouse of the victim, is a crime.
Information regarding Elder Abuse Restraining Orders
Assistance for Elder Abuse restraining orders can be obtained at the Department of Aging. Please call the following number to schedule an appointment to speak to a representative of the Department of Aging at (209) 468-1104 or 1-800-510-2020.
It is wiser to be represented by an attorney in any court proceeding. Family Law proceedings have long-term consequences that you may not be aware of. The initial expense saved may turn out to be very expensive in the future. The judges and clerks are prohibited by law from giving you legal advice. If you do decide to represent yourself, here are some suggestions:
You may want to get preliminary legal advice from a lawyer to help you understand the legal issues and make the right decisions about your case.
A Lawyer Referral Service is available through the San Joaquin County Bar Association.
For information on the Pro-Per Clinic please click here.
Be prepared to tell the judge or commissioner at the outset what you want to accomplish. Be prepared to present your side to the judge or commissioner making the best use of your time. Talk about the most important things first.
You should speak directly to the judge or commissioner when court is in session and your case is called. Do not direct your comments to or argue with the other party. The judge or commissioner cannot speak to you about your case outside of court.
A Findings and Order After Hearing will be provided to you only when the Judge orders it be prepared by court staff. The turn-around time will depend on current workload. If you completed a return envelope during your court hearing the order will be mailed to you. In all other cases, it is up to the prevailing party to prepare and submit the order to court for processing.
Instructions for Preparing a Findings and Order After Hearing
Findings and Order After Hearing (FOAH) forms are available in your forms packet. If you do not have one, they are available in the clerk’s office on the 4th Floor at 180 E Weber Ave, Stockton, Ca 95202 for $.50 per page. You can download the forms at no charge from the California Courts forms page.
Your forms can be printed neatly in blue or black ink. The Pro Per Clinic can also prepare your FOAH and Judgments.
Your Findings and Order After Hearing should indicate all the rulings made by the judicial officer during court. If you do not remember what was said, you can get a copy of the minute order from the clerk’s office. Please wait at least two days after the hearing date before purchasing the minute order. The minute order can be purchased at the rate of $.50 per page. You can call the Clerk’s office at (209) 992-5690 to ensure the minute order is ready before coming to the courthouse.
Return the completed forms to the Clerk’s Office as soon as possible for processing. Processing time varies based on current workload. Please do not call the office to inquire as to the status of your document. If you wish to have your order returned to you via mail, please submit a self-addressed stamped envelope with proper postage. All orders without return postage paid envelopes may be picked up at the clerk’s office during regular business hours.
If the other party was in court, you must mail a copy of the FOAH to them. If the other party was not in court, you should have that person personally served with a copy of the order. File the Proof of Service with the Clerk’s Office after the Findings and Order After Hearing has been served.
A message to the public from our Family Law Presiding Judge Robin Appel:
Local Rule of Court 7-103 requires that parties meet and confer prior to mediation. The rule is very specific that if a complete settlement is not possible, all issues should at least be discussed, including vacation and holiday schedules. With that in mind, all counsel are expected to resolve as many issues as possible before requesting mediation services. In most cases the court will now be inquiring as to what issues have not been resolved and what the other parties’ position is regarding the areas in conflict. Counsel not prepared to respond to those questions have not satisfactorily met and conferred. Meet and confer should take place prior to court and not at the time the case is called.
It is extremely helpful to have pleadings which set forth the precise parenting plan, including holidays and vacations that your client would like. This information is invaluable in resolving cases prior to court and is essential for the mediators and the commissioner to have at the time of the hearing. Bare declarations which essentially say “I want custody” without more scheduling information are useless. The court will be looking to the extent of the proposals in the pleadings in making orders for attorney’s fees.
Family Law Records may be ordered through the Records Management division. Please visit the Records Management Department for further information on requesting copies of records via web, mail and in person.
- What forms do I need to modify my order?
- For a list of forms you need to modify your order CLICK HERE.
- There are three Family Law departments in Superior Court. Where will my case be heard?
- They are 4A, 4B and 5A. There is a public calendar posted daily for public use at the information desk. You can look up your name (all case listings are in alphabetical order) and the courtroom number will be next to your name.
- How much does mediation cost?
- The mediation process is free. Only the Judicial Officer may appoint a mediator to your case.
- If I have calendaring questions, who do I call?
- You may call the Family Law Dept at (209) 992-5690 and any clerk can try to assist you with your question. Please keep in mind that our clerical staff cannot provide you legal advice.
- Where do I leave a Request for Order for the judge or commissioner to sign?
- Request for Orders must be filed at the clerk’s office in the Family Law Annex. Please refer to the Family Law Information page to see the clerk’s office hours. There is a drop box available to the public if you cannot make it to the filing window before closing time. Request for Orders that have accompanying temporary orders must be submitted by 10:00AM at the clerk’s window in order to be returned with temporary orders the same day at 3:30PM.
- How do matters involving custody and visitation disputes get on calendar?
- The clerk will assign a date and time to your Request for Order upon filing documents if completed correctly. Please note that any Request for Order with accompanying Temporary Orders must first be reviewed by a judicial officer or commissioner before a clerk can assign a hearing date.
- How do I calendar a matter that doesn’t involve custody or visitation issues?
- Please call the Family Law Dept for more information on calendaring matters that do not involve custody or visitation. The phone number is (209) 992-5690. Clerk office phone hours are 8:00AM to 4:00PM daily.
- How do I have both custody and financial issues heard on the same day?
- You may file your Request for Order for both custody and financial issues. You will be assigned to an 8:15AM calendar for mediation in courtroom 4A. The Court will hear financial issues after the mediation on the same day. Please make sure to remind the court that you also have a hearing for financial issues before leaving after your custody/visitation is resolved.
- How do I get a copy of a transcript?
- Most proceedings are not transcribed by a court reporter unless a party arranges for and pays for the reporter in advance. Transcripts are obtained directly from the reporter. Transcripts are not free. Contact the reporter from your hearing to get an estimate of the cost of the transcript and arrange for its creation. The Court Reporters may be reached at (209) 992-5442.
- Why won’t the courtroom clerk help me?
- Superior Court personnel are not permitted, by state law, to provide legal advice to litigants. The phone number for the Lawyer Referral Service of The San Joaquin County Bar Association is (209) 948-4620. You may also go to the Self-Help Center located at 180 E Weber Ave, Stockton, CA 95202. Please refer to the Self-Help Center page for further information on services offered