Understanding the Phrases
The terms “with prejudice” and “without prejudice” may sound confusing, but they are very important in California family law. They decide whether an issue is closed for good or whether it can be revisited in the future.
- With Prejudice → The court has made a final decision. You cannot bring the same claim again.
- Without Prejudice → The court is leaving the issue open. You may be able to raise it again if circumstances change.
How This Applies in Family Law
- Restraining Orders (DVROs) – If your DVRO is denied without prejudice, you may file again later if new abuse occurs (Grier v. Alvarez, 2024). If it’s denied with prejudice, the matter is closed.
- Child Custody – Custody orders are almost always treated as “without prejudice.” California law (Family Code § 3022) allows custody orders to be changed if it’s in the child’s best interest. A 2025 case (In re Marriage of R.K. & G.K.) confirmed that judges have flexibility to make custody rulings beyond what either parent originally requested.
- Support Orders – Temporary and permanent support can usually be changed if financial circumstances change (Family Code §§ 3603, 3651).
- Property Division – Property division in a divorce is usually final, or “with prejudice” (Family Code § 2550), unless there’s an appeal or a rare set-aside.
Why It Matters to You
- If your order says “with prejudice,” the case is finished – there are no do-overs.
- If your order says “without prejudice,” you may still have options in the future.
Takeaway
In family law, “prejudice” has nothing to do with bias. It’s about whether your case is closed forever or can be revisited. Knowing the difference can help you understand your options and plan your next steps.
Channe G. Coles- Family Law Attorney- Santa Barbara & Ventura Counties
