BILL NUMBER: AB 454	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 15, 2011

   An act to amend Section 6345 of the Family Code, relating to
protective orders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 454, as introduced, Silva. Protective orders: early
termination.
   Existing law permits a court to terminate or modify specified
protective orders, including stay-away and residence exclusion
orders, on written stipulation filed with the court or on the motion
of a party.
   This bill would require, if a proceeding is set for the purpose of
terminating or modifying specified protective orders prior to their
expiration, that the party who is protected by the order be given
notice of the proceeding prior to the hearing, as specified. The bill
would require a court to deny the motion to modify or terminate the
order without prejudice or continue the hearing if the party cannot
be notified prior to the hearing.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 6345 of the Family Code, as amended by Section
19 of Chapter 572 of the Statutes of 2010, 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. The
request for renewal may be brought at any time within the three
months before the expiration of the orders.
   (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. 
   (d) If a court proceeding is set for the purpose of terminating or
modifying a protective order prior to the expiration date specified
in the order, the party who is protected by the order shall be given
notice of the proceeding prior to the hearing either by personal
service or by mail with return receipt required. If the party who is
protected by the order cannot be notified prior to the hearing for
modification or termination of the protective order, the court shall
deny the motion to modify or terminate the order without prejudice or
continue the hearing until the party who is protected can be
properly noticed.