BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 176
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 176 (Campos)
          As Amended  August 14, 2013
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(May 9, 2013)   |SENATE: |39-0 |(August 26,    |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    JUD.  

           SUMMARY  :  Provides enforcement priority when there are multiple  
          restraining orders involving the same parties.  Specifically,  
           this bill  

          1)Requires, effective July 1, 2014, when there are multiple  
            protective or restraining orders regarding the same parties  
            and one of those orders is a no-contact order, law enforcement  
            to enforce the no-contact order, unless there is an emergency  
            protective order that has enforcement precedence, as provided.  
             If neither an emergency protective order nor a no-contact  
            protective order has been issued, requires the police officer  
            to enforce the last issued criminal order.  
            
           2)Requires the Judicial Council, by July 1, 2014, to modify  
            civil and criminal court forms, consistent with 1) and 2),  
            above.  
           
           The Senate amendments  re-establish the enforcement priority of  
          emergency protective orders (EPO).
           
          EXISTING LAW  : 

          1)Authorizes a court to issue a civil or criminal protective  
            order to protect victims of domestic violence.  Permits a  
            court to issue a no-contact order for the protected party,  
            and, in the discretion of the court on a showing of good  
            cause, of other named family or household members.  

          2)Permits a juvenile court to issue a protective order on behalf  
            of a dependent child or a ward.  

          3)Allows a law enforcement officer to seek an EPO from a court,  
            24 hours a day, seven days a week, if any person or child is  








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            in immediate and present danger of domestic violence, abuse,  
            or stalking, or in imminent danger of abduction by a parent or  
            relative.  An EPO is effective for up to seven days.    

          4)Provides that if there are multiple civil protective or  
            restraining orders regarding the same parties, the order last  
            entered shall be enforced.  If there are both criminal and  
            civil orders, the last criminal order shall be enforced.   

          5)Gives EPOs issued pursuant to either the Family Code or the  
            Penal Code precedence in enforcement over any other  
            restraining or protective order provided the EPO involves the  
            same individuals, but only to the extent the provisions of the  
            EPO are more restrictive as to the restrained party than the  
            other orders.  

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.
           
          COMMENTS  :  The same parties may be subject to multiple  
          protective orders.  If a defendant is charged with a crime of  
          domestic violence, a criminal court may issue a criminal  
          protective order.  A family court may issue a protective order  
          under the Domestic Violence Prevention Act.  Additionally, law  
          enforcement may seek an EPO when a police officer determines  
          that an individual is in immediate and present danger of  
          domestic violence.  An EPO can be issued as either a civil or a  
          criminal protective order.  

          Current law provides that if multiple orders protect the same  
          individual from the same restrained party and one of the orders  
          is an EPO, the EPO is to be given precedence in enforcement over  
          any other restraining or protective order, but only to the  
          extent that the provisions of the EPO are more restrictive on  
          the restrained person.  If there are multiple civil orders, but  
          no EPO, the most recent order is to be enforced.  If there are  
          both criminal and civil protective orders, the criminal order is  
          given precedence over the civil order.  However, there is no  
          requirement that the criminal order provide greater protection  
          to the protected party.  Thus, under current law, a criminal  
          protective order that offers less protection to a domestic  
          violence victim will be given enforcement priority over a civil  
          no-contact order.  This bill seeks to change that by requiring  
          that, where multiple orders exist and one is a no-contact order,  
          the no-contact order be enforced by law enforcement.  However,  








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          if there is an EPO, that retains the enforcement priority it has  
          under existing law.

          In support of the bill, the author writes:

               Domestic violence victims are often protected from  
               their abusers by multiple restraining orders issued by  
               different courts.  Depending on the circumstances,  
               timing, and other information presented to the  
               different courts, the multiple restraining orders  
               provide varying levels of protection.  It is crucial  
               that victims receive the maximum, court approved,  
               security when multiple orders exist.  

               Current law specifies that the last issued criminal  
               restraining order be enforced in place of any issued  
               civil restraining order.  This rigidity is a problem  
               as it does not fully protect domestic violence victims  
               against further abuse and signals to the restrained  
               person that they may continue to violate the civil  
               protective order because he or she knows that the  
               police will not enforce the civil protective order  
               even if it is more restrictive. 

               For example, there is a criminal protective order that  
               allows for peaceful contact.  Subsequently, a family  
               court receives sufficient information to issue a no  
               contact restraining order.  Under current law, law  
               enforcement will take no action to enforce the family  
               court order until the victim goes to criminal court to  
               request a more protective criminal order.  Therefore  
               in this situation, the retrained person could keep  
               contacting the victim until the victim is able to  
               complete a new process within criminal court to  
               receive a more restrictive no contact "full on"  
               restraining order against the restrained person.    

          This bill seeks to provide the greatest protection to the victim  
          by requiring that, in cases where there are multiple and  
          conflicting protective orders regarding the same parties and one  
          of those orders is a no-contact order, a law enforcement officer  
          must enforce the no-contact order.  The no-contact order  
          provides more protection to a victim than an order that permits  
          peaceable contact.  It is also very easy for law enforcement to  
          determine which order to enforce.  There is no judgment call to  








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          make.  If one order forbids contact, that is the order to  
          enforce.  

          If none of the orders forbid contact, then enforcement priority  
          continues as under current law.  Criminal protective orders have  
          priority over civil orders.  If there are multiple civil orders  
          issued against the same restrained party, the most recent order  
          is given enforcement priority.  This should help ensure that  
          victims of domestic violence, who are protected by multiple  
          protective orders, receive the protections ordered by the court.  
           

          However, if one of the orders is an EPO and it provides greater  
          protection, the EPO has the highest enforcement priority.


           Analysis Prepared by  :    Leora Gershenzon / JUD. / (916)  
          319-2334 


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