BILL NUMBER: AB 99	CHAPTERED  07/25/05

	CHAPTER  125
	FILED WITH SECRETARY OF STATE  JULY 25, 2005
	APPROVED BY GOVERNOR  JULY 25, 2005
	PASSED THE SENATE  JULY 11, 2005
	PASSED THE ASSEMBLY  MARCH 3, 2005
	AMENDED IN ASSEMBLY  MARCH 1, 2005

INTRODUCED BY   Assembly Member Cohn
   (Principal coauthor: Senator Alquist)
   (Coauthors: Assembly Members Levine, Lieber, and Montanez)

                        JANUARY 11, 2005

   An act to amend Sections 6345 and 6361 of the Family Code,
relating to protective orders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 99, Cohn  Protective orders: expiration.
   Under existing law, in the discretion of the court, the personal
conduct, stay-away, and residence exclusion orders contained in a
court order issued after notice and a hearing may have a duration of
not more than 3 years, subject to termination or modification by
further order of the court, as specified. These orders may be renewed
either for 3 years or permanently.
   This bill would provide that these protective orders may have a
duration of not more than 5 years, in the discretion of the court,
and may be renewed either for 5 years or permanently. The bill would
make an additional conforming change.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6345 of the Family Code is amended to read:
   6345.  (a) In the discretion of the court, the personal conduct,
stay-away, and residence exclusion orders contained in a court order
issued after notice and a hearing under this article may have a
duration of not more than five years, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party. These
orders may be renewed, upon the request of a party, either for five
years or permanently, without a showing of any further abuse since
the issuance of the original order, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party.
   (b) Notwithstanding subdivision (a), the duration of any orders,
other than the protective orders described in subdivision (a), that
are also contained in a court order issued after notice and a hearing
under this article, including, but not limited to, orders for
custody, visitation, support, and disposition of property, shall be
governed by the law relating to those specific subjects.
   (c) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
  SEC. 2.  Section 6361 of the Family Code is amended to read:
   6361.  If an order is included in a judgment pursuant to this
article, the judgment shall state on its face both of the following:

   (a) Which provisions of the judgment are the orders.
   (b) The date of expiration of the orders, which shall be not more
than five years from the date the judgment is issued, unless extended
by the court after notice and a hearing.