California Legislature—2015–16 Regular Session

Assembly BillNo. 439


Introduced by Assembly Member Bloom

February 23, 2015


An act to amend Section 6343 of the Family Code, relating to family law.

LEGISLATIVE COUNSEL’S DIGEST

AB 439, as introduced, Bloom. Protective orders: batterer’s program.

Existing law authorizes a court to issue an order to restrain any person in order to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence. Existing law further authorizes a court to, after notice and hearing, issue an order requiring the restrained party to participate in a batterer’s program, as specified.

This bill would, commencing July 1, 2016, require a restrained party ordered to participate in a batterer’s program to register for the program by a specified deadline and to, upon enrollment, sign all necessary program consent forms for the program to release specified documents, including proof of enrollment, to the court and the protected party or his or her attorney. The bill would require the Judicial Council to amend the existing restraining order forms or develop a new form for use by courts that includes these requirements.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 6343 of the Family Code is amended to
2read:

3

6343.  

(a) After notice and a hearing, the court may issue an
4order requiring the restrained party to participate in a batterer’s
5program approved by the probation department as provided in
6Section 1203.097 of the Penal Code.

begin insert

7(b) (1) Commencing July 1, 2016, if the court orders a
8restrained party to participate in a batterer’s program pursuant
9to subdivision (a), the restrained party shall do both of the
10following:

end insert
begin insert

11(A) Register for the program by the deadline ordered by the
12court. If no deadline is ordered by the court, the restrained party
13shall register no later than 30 days from the date the order was
14issued.

end insert
begin insert

15(B) Upon enrollment, sign all necessary program consent forms
16for the program to release proof of enrollment, attendance records,
17and completion or termination reports to the court and the
18protected party, or his or her attorney. The court and the protected
19party shall provide to the program a fax number or mailing address
20for this purpose.

end insert
begin insert

21(2) The Judicial Council shall amend the existing restraining
22order forms or develop a new form that includes the requirements
23of this subdivision for use by courts when a party is ordered to
24participate in a batterer’s program pursuant to subdivision (a).

end insert
begin delete

25(b)

end delete

26begin insert(c)end insert The courts shall, in consultation with local domestic violence
27shelters and programs, develop a resource list of referrals to
28appropriate community domestic violence programs and services
29to be provided to each applicant for an order under this section.



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