BILL ANALYSIS Ó AB 176 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 176 (Campos) As Amended August 14, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |75-0 |(May 9, 2013) |SENATE: |39-0 |(August 26, | | | | | | |2013) | ----------------------------------------------------------------- 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 AB 176 Page 2 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, AB 176 Page 3 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 AB 176 Page 4 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 FN: 0001714