BILL NUMBER: AB 2553	CHAPTERED  08/04/08

	CHAPTER  263
	FILED WITH SECRETARY OF STATE  AUGUST 4, 2008
	APPROVED BY GOVERNOR  AUGUST 4, 2008
	PASSED THE SENATE  JULY 14, 2008
	PASSED THE ASSEMBLY  MAY 1, 2008
	AMENDED IN ASSEMBLY  APRIL 29, 2008
	AMENDED IN ASSEMBLY  APRIL 9, 2008

INTRODUCED BY   Assembly Member Solorio
   (Coauthor: Assembly Member Ma)

                        FEBRUARY 22, 2008

   An act to add Section 6320.5 to the Family Code, relating to
domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2553, Solorio. Domestic violence: ex parte orders.
   Existing law, the Domestic Violence Prevention Act, authorizes the
court to issue ex parte orders for the prevention, or the prevention
of the recurrence of, domestic violence. Existing law authorizes the
court to issue an ex parte order enjoining a party from molesting,
attacking, striking, stalking, threatening, sexually assaulting,
battering, harassing, telephoning, including, but not limited to,
annoying telephone calls, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, coming within a
specified distance of, or disturbing the peace of the other party,
and, in the discretion of the court, on a showing of good cause, of
other named family or household members.
   This bill would require the court to include in any order denying
a petition for that ex parte order the reasons for denying the
petition. This bill would also require any order denying a
jurisdictionally adequate petition for that ex parte order to provide
the petitioner the right to a noticed hearing on the earliest date
that the business of the court will permit, within specified limits.
The bill would also provide that nothing in those provisions shall
preclude a petitioner who waives his or her right to a noticed
hearing from refiling a new petition, without prejudice, at a later
time, and would require the Judicial Council to develop a form to
implement these provisions.


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

  SECTION 1.  Section 6320.5 is added to the Family Code, to read:
   6320.5.  (a) An order denying a petition for an ex parte order
pursuant to Section 6320 shall include the reasons for denying the
petition.
   (b) An order denying a jurisdictionally adequate petition for an
ex parte order, pursuant to Section 6320, shall provide the
petitioner the right to a noticed hearing on the earliest date that
the business of the court will permit, but not later than 20 days or,
if good cause appears to the court, 25 days from the date of the
order. The petitioner shall serve on the respondent, at least 5 days
before the hearing, copies of all supporting papers filed with the
court, including the application and affidavits.
   (c) Notwithstanding subdivision (b), upon the denial of the ex
parte order pursuant to Section 6320, the petitioner shall have the
option of waiving his or her right to a noticed hearing. However,
nothing in this section shall preclude a petitioner who waives his or
her right to a noticed hearing from refiling a new petition, without
prejudice, at a later time.
   (d) The Judicial Council, on or before January 1, 2010, shall
develop a form to implement this section.