Amended in Senate August 17, 2015

Amended in Senate May 18, 2015

Amended in Assembly April 13, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 494


Introduced by Assembly Member Maienschein

(Coauthors: Assembly Members Achadjian, Chávez, Cristina Garcia, and McCarty)

(Coauthor: Senator Bates)

February 23, 2015


An act to amend Section 527.6 of the Code of Civil Procedure, and to amend Sections 213.5 and 15657.03 of the Welfare and Institutions Code, relating to civil procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 494, as amended, Maienschein. Restraining orders: protection of animals.

Existing law authorizes the court to issue a restraining order or a protective order to enjoin a party from specified behavior, such as, among other things, enjoining a person from molesting, attacking, striking, threatening, sexually assaulting, battering, harassing, telephoning, destroying the personal property of, or contacting another person, upon the showing of good cause. Existing law authorizes the court to issue an ex parte order under specified circumstances related to the protection of a ward of the court.

This bill would additionally authorize the court, on a showing of good cause, to include in restraining orders or protective orders an order granting the petitioner or applicant exclusive care, possession, or control of an animal that is held by the petitioner or a person protected by a restraining order or that resides in the same residence or household that is held by the petitioner or a person protected by a restraining order or that resides in the same residence or household and an order for the respondent or restrained person to stay away from, and refrain from taking or harming, that animal, as specified. The bill would make conforming changes to related provisions, including the provision relating to the protection of a ward of the court.

begin insert

This bill would incorporate additional changes to Section 527.6 of the Code of Civil Procedure and Section 213.5 of the Welfare and Institutions Code, proposed by AB 1081, that would become operative only if AB 1081 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

end insert
begin insert

This bill would incorporate additional changes to Section 15657.03 of the Welfare and Institutions Code, proposed by AB 1081 and SB 196, that would become operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

end insert

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

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

P2    1

SECTION 1.  

Section 527.6 of the Code of Civil Procedure is
2amended to read:

3

527.6.  

(a) (1) A person who has suffered harassment as
4defined in subdivision (b) may seek a temporary restraining order
5and an injunction prohibiting harassment as provided in this
6section.

7(2) A minor, under 12 years of age, accompanied by a duly
8appointed and acting guardian ad litem, shall be permitted to appear
9in court without counsel for the limited purpose of requesting or
10opposing a request for a temporary restraining order or injunction,
11or both, under this section as provided in Section 374.

12(b) For the purposes of this section:

13(1) “Course of conduct” is a pattern of conduct composed of a
14series of acts over a period of time, however short, evidencing a
15continuity of purpose, including following or stalking an individual,
16making harassing telephone calls to an individual, or sending
17harassing correspondence to an individual by any means, including,
P3    1but not limited to, the use of public or private mails, interoffice
2mail, facsimile, or computer email. Constitutionally protected
3activity is not included within the meaning of “course of conduct.”

4(2) “Credible threat of violence” is a knowing and willful
5statement or course of conduct that would place a reasonable person
6in fear for his or her safety, or the safety of his or her immediate
7family, and that serves no legitimate purpose.

8(3) “Harassment” is unlawful violence, a credible threat of
9violence, or a knowing and willful course of conduct directed at
10a specific person that seriously alarms, annoys, or harasses the
11person, and that serves no legitimate purpose. The course of
12conduct must be such as would cause a reasonable person to suffer
13substantial emotional distress, and must actually cause substantial
14emotional distress to the petitioner.

15(4) “Petitioner” means the person to be protected by the
16temporary restraining order and injunction and, if the court grants
17the petition, the protected person.

18(5) “Respondent” means the person against whom the temporary
19restraining order and injunction are sought and, if the petition is
20granted, the restrained person.

21(6) “Temporary restraining order” and “injunction” mean orders
22that include any of the following restraining orders, whether issued
23ex parte or after notice and hearing:

24(A) An order enjoining a party from harassing, intimidating,
25molesting, attacking, striking, stalking, threatening, sexually
26assaulting, battering, abusing, telephoning, including, but not
27limited to, making annoying telephone calls, as described in Section
28653m of the Penal Code, destroying personal property, contacting,
29either directly or indirectly, by mail or otherwise, or coming within
30a specified distance of, or disturbing the peace of, the petitioner.
31On a showing of good cause, in an order issued pursuant to this
32subparagraph in connection with an animal owned, possessed,
33leased, kept, or held by the petitioner, or residing in the residence
34or household of the petitioner, the court may do either or both of
35the following:

36(i) Grant the petitioner exclusive care, possession, or control of
37the animal.

38(ii) Order the respondent to stay away from the animal and
39refrain from taking, transferring, encumbering, concealing,
P4    1 molesting, attacking, striking, threatening, harming, or otherwise
2disposing of the animal.

3(B) An order enjoining a party from specified behavior that the
4court determines is necessary to effectuate orders described in
5subparagraph (A).

6(7) “Unlawful violence” is any assault or battery, or stalking as
7prohibited in Section 646.9 of the Penal Code, but shall not include
8lawful acts of self-defense or defense of others.

9(c) In the discretion of the court, on a showing of good cause,
10a temporary restraining order or injunction issued under this section
11may include other named family or household members.

12(d) Upon filing a petition for an injunction under this section,
13the petitioner may obtain a temporary restraining order in
14accordance with Section 527, except to the extent this section
15provides a rule that is inconsistent. The temporary restraining order
16may include any of the restraining orders described in paragraph
17(6) of subdivision (b). A temporary restraining order may be issued
18with or without notice, based on a declaration that, to the
19satisfaction of the court, shows reasonable proof of harassment of
20the petitioner by the respondent, and that great or irreparable harm
21would result to the petitioner.

22(e) A request for the issuance of a temporary restraining order
23without notice under this section shall be granted or denied on the
24same day that the petition is submitted to the court, unless the
25petition is filed too late in the day to permit effective review, in
26which case the order shall be granted or denied on the next day of
27judicial business in sufficient time for the order to be filed that day
28with the clerk of the court.

29(f) A temporary restraining order issued under this section shall
30remain in effect, at the court’s discretion, for a period not to exceed
3121 days, or, if the court extends the time for hearing under
32subdivision (g), not to exceed 25 days, unless otherwise modified
33or terminated by the court.

34(g) Within 21 days, or, if good cause appears to the court, 25
35days from the date that a petition for a temporary order is granted
36or denied, a hearing shall be held on the petition for the injunction.
37If no request for temporary orders is made, the hearing shall be
38held within 21 days, or, if good cause appears to the court, 25 days,
39from the date that the petition is filed.

P5    1(h) The respondent may file a response that explains, excuses,
2justifies, or denies the alleged harassment or may file a
3cross-petition under this section.

4(i) At the hearing, the judge shall receive any testimony that is
5relevant, and may make an independent inquiry. If the judge finds
6by clear and convincing evidence that unlawful harassment exists,
7an injunction shall issue prohibiting the harassment.

8(j) (1) In the discretion of the court, an order issued after notice
9and hearing under this section may have a duration of not more
10than five years, subject to termination or modification by further
11order of the court either on written stipulation filed with the court
12or on the motion of a party. The order may be renewed, upon the
13request of a party, for a duration of not more than five additional
14years, without a showing of any further harassment since the
15issuance of the original order, subject to termination or
16modification by further order of the court either on written
17stipulation filed with the court or on the motion of a party. A
18request for renewal may be brought at any time within the three
19months before the expiration of the order.

20(2) The failure to state the expiration date on the face of the
21form creates an order with a duration of three years from the date
22of issuance.

23(3) If an action is filed for the purpose of terminating or
24modifying a protective order prior to the expiration date specified
25in the order by a party other than the protected party, the party
26who is protected by the order shall be given notice, pursuant to
27subdivision (b) of Section 1005, of the proceeding by personal
28service or, if the protected party has satisfied the requirements of
29Chapter 3.1 (commencing with Section 6205) of Division 7 of
30Title 1 of the Government Code, by service on the Secretary of
31State. If the party who is protected by the order cannot be notified
32prior to the hearing for modification or termination of the protective
33order, the court shall deny the motion to modify or terminate the
34order without prejudice or continue the hearing until the party who
35is protected can be properly noticed and may, upon a showing of
36good cause, specify another method for service of process that is
37reasonably designed to afford actual notice to the protected party.
38The protected party may waive his or her right to notice if he or
39she is physically present in court and does not challenge the
40sufficiency of the notice.

P6    1(k) This section does not preclude either party from
2representation by private counsel or from appearing on the party’s
3own behalf.

4(l) In a proceeding under this section if there are allegations of
5unlawful violence or credible threats of violence, a support person
6may accompany a party in court and, if the party is not represented
7by an attorney, may sit with the party at the table that is generally
8reserved for the party and the party’s attorney. The support person
9is present to provide moral and emotional support for a person
10who alleges he or she is a victim of violence. The support person
11is not present as a legal adviser and may not provide legal advice.
12The support person may assist the person who alleges he or she is
13a victim of violence in feeling more confident that he or she will
14not be injured or threatened by the other party during the
15proceedings if the person who alleges he or she is a victim of
16violence and the other party are required to be present in close
17proximity. This subdivision does not preclude the court from
18exercising its discretion to remove the support person from the
19courtroom if the court believes the support person is prompting,
20swaying, or influencing the party assisted by the support person.

21(m) Upon the filing of a petition for an injunction under this
22section, the respondent shall be personally served with a copy of
23 the petition, temporary restraining order, if any, and notice of
24hearing of the petition. Service shall be made at least five days
25before the hearing. The court may for good cause, on motion of
26the petitioner or on its own motion, shorten the time for service
27on the respondent.

28(n) A notice of hearing under this section shall notify the
29respondent that if he or she does not attend the hearing, the court
30may make orders against him or her that could last up to three
31years.

32(o) (1) The court may, upon the filing of a declaration by the
33petitioner that the respondent could not be served within the time
34required by statute, reissue an order previously issued and dissolved
35by the court for failure to serve the respondent. The reissued order
36shall remain in effect until the date set for the hearing.

37(2) The reissued order shall state on its face the date of
38expiration of the order.

39(p) (1) If a respondent, named in a restraining order issued after
40a hearing, has not been served personally with the order but has
P7    1received actual notice of the existence and substance of the order
2through personal appearance in court to hear the terms of the order
3from the court, no additional proof of service is required for
4enforcement of the order.

5(2) If the respondent named in a temporary restraining order is
6personally served with the order and notice of hearing with respect
7to a restraining order or protective order based on the temporary
8restraining order, but the respondent does not appear at the hearing,
9either personally or by an attorney, and the terms and conditions
10of the restraining order or protective order issued at the hearing
11are identical to the temporary restraining order, except for the
12duration of the order, then the restraining order or protective order
13issued at the hearing may be served on the respondent by first-class
14mail sent to the respondent at the most current address for the
15respondent available to the court.

16(3) The Judicial Council form for temporary orders issued
17pursuant to this subdivision shall contain a statement in
18substantially the following form:


20“If you have been personally served with this temporary
21restraining order and notice of hearing, but you do not appear at
22the hearing either in person or by a lawyer, and a restraining order
23that is the same as this temporary restraining order except for the
24expiration date is issued at the hearing, a copy of the restraining
25order will be served on you by mail at the following address: ____.

26If that address is not correct or you wish to verify that the
27temporary restraining order was converted to a restraining order
28at the hearing without substantive change and to find out the
29duration of that order, contact the clerk of the court.”


31(q) (1) Information on any temporary restraining order or
32injunction relating to civil harassment issued by a court pursuant
33to this section shall be transmitted to the Department of Justice in
34accordance with either paragraph (2) or (3).

35(2) The court shall order the petitioner or the attorney for the
36petitioner to deliver a copy of an order issued under this section,
37or reissuance, extension, modification, or termination of the order,
38and any subsequent proof of service, by the close of the business
39day on which the order, reissuance, extension, modification, or
40termination was made, to a law enforcement agency having
P8    1jurisdiction over the residence of the petitioner and to any
2additional law enforcement agencies within the court’s discretion
3as are requested by the petitioner.

4(3) Alternatively, the court or its designee shall transmit, within
5one business day, to law enforcement personnel all information
6required under subdivision (b) of Section 6380 of the Family Code
7regarding any order issued under this section, or a reissuance,
8extension, modification, or termination of the order, and any
9subsequent proof of service, by either one of the following
10methods:

11(A) Transmitting a physical copy of the order or proof of service
12to a local law enforcement agency authorized by the Department
13of Justice to enter orders into the California Law Enforcement
14Telecommunications System (CLETS).

15(B) With the approval of the Department of Justice, entering
16the order or proof of service into CLETS directly.

17(4) Each appropriate law enforcement agency shall make
18available information as to the existence and current status of these
19orders to law enforcement officers responding to the scene of
20reported harassment.

21(5) An order issued under this section shall, on request of the
22petitioner, be served on the respondent, whether or not the
23respondent has been taken into custody, by any law enforcement
24officer who is present at the scene of reported harassment involving
25the parties to the proceeding. The petitioner shall provide the
26officer with an endorsed copy of the order and a proof of service
27that the officer shall complete and send to the issuing court.

28(6) Upon receiving information at the scene of an incident of
29harassment that a protective order has been issued under this
30section, or that a person who has been taken into custody is the
31subject of an order, if the protected person cannot produce a
32certified copy of the order, a law enforcement officer shall
33immediately attempt to verify the existence of the order.

34(7) If the law enforcement officer determines that a protective
35order has been issued, but not served, the officer shall immediately
36notify the respondent of the terms of the order and shall at that
37time also enforce the order. Verbal notice of the terms of the order
38shall constitute service of the order and is sufficient notice for the
39purposes of this section and for the purposes of Section 29825 of
40the Penal Code.

P9    1(r) The prevailing party in any action brought under this section
2may be awarded court costs and attorney’s fees, if any.

3(s) Any willful disobedience of any temporary restraining order
4or injunction granted under this section is punishable pursuant to
5Section 273.6 of the Penal Code.

6(t) (1) A person subject to a protective order issued under this
7section shall not own, possess, purchase, receive, or attempt to
8purchase or receive a firearm or ammunition while the protective
9order is in effect.

10(2) The court shall order a person subject to a protective order
11issued under this section to relinquish any firearms he or she owns
12or possesses pursuant to Section 527.9.

13(3) Every person who owns, possesses, purchases, or receives,
14or attempts to purchase or receive, a firearm or ammunition while
15the protective order is in effect is punishable pursuant to Section
1629825 of the Penal Code.

17(u) This section does not apply to any action or proceeding
18covered by Title 1.6C (commencing with Section 1788) of Part 4
19of Division 3 of the Civil Code or by Division 10 (commencing
20with Section 6200) of the Family Code. This section does not
21preclude a petitioner from using other existing civil remedies.

22(v) (1) The Judicial Council shall develop forms, instructions,
23and rules relating to matters governed by this section. The petition
24and response forms shall be simple and concise, and their use by
25parties in actions brought pursuant to this section shall be
26mandatory.

27(2) A temporary restraining order or injunction relating to civil
28harassment issued by a court pursuant to this section shall be issued
29on forms adopted by the Judicial Council of California and that
30have been approved by the Department of Justice pursuant to
31subdivision (i) of Section 6380 of the Family Code. However, the
32fact that an order issued by a court pursuant to this section was not
33issued on forms adopted by the Judicial Council and approved by
34the Department of Justice shall not, in and of itself, make the order
35unenforceable.

36(w) There is no filing fee for a petition that alleges that a person
37has inflicted or threatened violence against the petitioner, or stalked
38the petitioner, or acted or spoken in any other manner that has
39placed the petitioner in reasonable fear of violence, and that seeks
40a protective or restraining order or injunction restraining stalking
P10   1or future violence or threats of violence, in any action brought
2pursuant to this section. A fee shall not be paid for a subpoena
3filed in connection with a petition alleging these acts. A fee shall
4not be paid for filing a response to a petition alleging these acts.

5(x) (1) Subject to paragraph (4) of subdivision (b) of Section
66103.2 of the Government Code, there shall not be a fee for the
7service of process by a sheriff or marshal of a protective order,
8restraining order, or injunction to be issued, if either of the
9following conditions applies:

10(A) The protective order, restraining order, or injunction issued
11pursuant to this section is based upon stalking, as prohibited by
12Section 646.9 of the Penal Code.

13(B) The protective order, restraining order, or injunction issued
14pursuant to this section is based upon unlawful violence or a
15credible threat of violence.

16(2) The Judicial Council shall prepare and develop forms for
17persons who wish to avail themselves of the services described in
18this subdivision.

19(y) This section shall become operative on July 1, 2014.

20begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 527.6 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
21amended to read:end insert

22

527.6.  

(a) (1) A person who has suffered harassment as
23defined in subdivision (b) may seek a temporary restraining order
24and anbegin delete injunctionend deletebegin insert order after hearingend insert prohibiting harassment as
25provided in this section.

26(2) A minor, under 12 years of age, accompanied by a duly
27appointed and acting guardian ad litem, shall be permitted to appear
28in court without counsel for the limited purpose of requesting or
29opposing a request for a temporary restraining order orbegin delete injunction,end delete
30begin insert order after hearingend insert or both, under this section as provided in
31Section 374.

32(b) Forbegin delete theend delete purposes of this section:

33(1) “Course of conduct” is a pattern of conduct composed of a
34series of acts over a period of time, however short, evidencing a
35continuity of purpose, including following or stalking an individual,
36making harassing telephone calls to an individual, or sending
37harassing correspondence to an individual by any means, including,
38but not limited to, the use of public or private mails, interoffice
39mail, facsimile, or computer email. Constitutionally protected
40activity is not included within the meaning of “course of conduct.”

P11   1(2) “Credible threat of violence” is a knowing and willful
2 statement or course of conduct that would place a reasonable person
3in fear for his or her safety, or the safety of his or her immediate
4family, and that serves no legitimate purpose.

5(3) “Harassment” is unlawful violence, a credible threat of
6violence, or a knowing and willful course of conduct directed at
7a specific person that seriously alarms, annoys, or harasses the
8person, and that serves no legitimate purpose. The course of
9conduct must be such as would cause a reasonable person to suffer
10substantial emotional distress, and must actually cause substantial
11emotional distress to the petitioner.

12(4) “Petitioner” means the person to be protected by the
13temporary restraining order andbegin delete injunctionend deletebegin insert order after hearingend insert
14 and, if the court grants the petition, the protected person.

15(5) “Respondent” means the person against whom the temporary
16restraining order andbegin delete injunctionend deletebegin insert order after hearingend insert are sought
17and, if the petition is granted, the restrained person.

18(6) “Temporary restraining order” andbegin delete “injunction”end deletebegin insert “order after
19hearingend insert
begin insertend insert mean orders that include any of the following restraining
20orders, whether issued ex parte or after notice and hearing:

21(A) An order enjoining a party from harassing, intimidating,
22molesting, attacking, striking, stalking, threatening, sexually
23assaulting, battering, abusing, telephoning, including, but not
24limited to, making annoying telephone calls, as described in Section
25653m of the Penal Code, destroying personal property, contacting,
26either directly or indirectly, by mail or otherwise, or coming within
27a specified distance of, or disturbing the peace of, the petitioner.begin insert end insert
28begin insertOn a showing of good cause, in an order issued pursuant to this
29subparagraph in connection with an animal owned, possessed,
30leased, kept, or held by the petitioner, or residing in the residence
31or household of the petitioner, the court may do either or both of
32the following:end insert

begin insert

33(i) Grant the petitioner exclusive care, possession, or control
34of the animal.

end insert
begin insert

35(ii) Order the respondent to stay away from the animal and
36refrain from taking, transferring, encumbering, concealing,
37molesting, attacking, striking, threatening, harming, or otherwise
38disposing of the animal.

end insert

P12   1(B) An order enjoining a party from specified behavior that the
2court determines is necessary to effectuate orders described in
3subparagraph (A).

4(7) “Unlawful violence” is any assault or battery, or stalking as
5prohibited in Section 646.9 of the Penal Code, but shall not include
6lawful acts of self-defense or defense of others.

7(c) In the discretion of the court, on a showing of good cause,
8a temporary restraining order orbegin delete injunctionend deletebegin insert order after hearingend insert
9 issued under this section may include other named family or
10household members.

11(d) Upon filing a petition forbegin delete an injunctionend deletebegin insert ordersend insert under this
12section, the petitioner may obtain a temporary restraining order in
13accordance with Section 527, except to the extent this section
14provides a rule that is inconsistent. The temporary restraining order
15may include any of the restraining orders described in paragraph
16(6) of subdivision (b). A temporary restraining order may be issued
17with or without notice, based on a declaration that, to the
18satisfaction of the court, shows reasonable proof of harassment of
19the petitioner by the respondent, and that great or irreparable harm
20would result to the petitioner.

21(e) A request for the issuance of a temporary restraining order
22without notice under this section shall be granted or denied on the
23same day that the petition is submitted to the court, unless the
24petition is filed too late in the day to permit effective review, in
25which case the order shall be granted or denied on the next day of
26 judicial business in sufficient time for the order to be filed that day
27with the clerk of the court.

28(f) A temporary restraining order issued under this section shall
29remain in effect, at the court’s discretion, for a period not to exceed
3021 days, or, if the court extends the time for hearing under
31subdivision (g), not to exceed 25 days, unless otherwise modified
32or terminated by the court.

33(g) Within 21 days, or, if good cause appears to the court, 25
34days from the date that a petition for a temporary order is granted
35or denied, a hearing shall be held on the begin delete petition for the injunction.
36Ifend delete
begin insert petition. Ifend insert no request for temporary orders is made, the hearing
37shall be held within 21 days, or, if good cause appears to the court,
3825 days, from the date that the petition is filed.

P13   1(h) The respondent may file a response that explains, excuses,
2justifies, or denies the alleged harassment or may file a
3cross-petition under this section.

4(i) At the hearing, the judge shall receive any testimony that is
5relevant, and may make an independent inquiry. If the judge finds
6by clear and convincing evidence that unlawful harassment exists,
7anbegin delete injunctionend deletebegin insert orderend insert shall issue prohibiting the harassment.

8(j) (1) In the discretion of the court, an order issued after notice
9and hearing under this section may have a duration of not more
10than five years, subject to termination or modification by further
11order of the court either on written stipulation filed with the court
12or on the motion of a party. The order may be renewed, upon the
13request of a party, for a duration of not more than five additional
14years, without a showing of any further harassment since the
15issuance of the original order, subject to termination or
16modification by further order of the court either on written
17stipulation filed with the court or on the motion of a party. A
18request for renewal may be brought at any time within the three
19months before the expiration of the order.

20(2) The failure to state the expiration date on the face of the
21 form creates an order with a duration of three years from the date
22of issuance.

23(3) If an action is filed for the purpose of terminating or
24modifying a protective order prior to the expiration date specified
25in the order by a party other than the protected party, the party
26who is protected by the order shall be given notice, pursuant to
27subdivision (b) of Section 1005, of the proceeding by personal
28service or, if the protected party has satisfied the requirements of
29Chapter 3.1 (commencing with Section 6205) of Division 7 of
30Title 1 of the Government Code, by service on the Secretary of
31State. If the party who is protected by the order cannot be notified
32prior to the hearing for modification or termination of the protective
33order, the court shall deny the motion to modify or terminate the
34order without prejudice or continue the hearing until the party who
35is protected can be properly noticed and may, upon a showing of
36good cause, specify another method for service of process that is
37reasonably designed to afford actual notice to the protected party.
38The protected party may waive his or her right to notice if he or
39she is physically present in court and does not challenge the
40sufficiency of the notice.

P14   1(k) This section does not preclude either party from
2representation by private counsel or from appearing on the party’s
3own behalf.

4(l) In a proceeding under thisbegin delete sectionend deletebegin insert section,end insert if there are
5allegations of unlawful violence or credible threats of violence, a
6support person may accompany a party in court and, if the party
7is not represented by an attorney, may sit with the party at the table
8that is generally reserved for the party and the party’s attorney.
9The support person is present to provide moral and emotional
10support for a person who alleges he or she is a victim of violence.
11The support person is not present as a legal adviser and may not
12provide legal advice. The support person may assist the person
13who alleges he or she is a victim of violence in feeling more
14confident that he or she will not be injured or threatened by the
15other party during the proceedings if the person who alleges he or
16she is a victim of violence and the other party are required to be
17present in close proximity. This subdivision does not preclude the
18court from exercising its discretion to remove the support person
19from the courtroom if the court believes the support person is
20prompting, swaying, or influencing the party assisted by the support
21person.

22(m) Upon the filing of a petitionbegin delete for an injunctionend delete under this
23section, the respondent shall be personally served with a copy of
24the petition, temporary restraining order, if any, and notice of
25hearing of the petition. Service shall be made at least five days
26before the hearing. The court may for good cause, on motion of
27the petitioner or on its own motion, shorten the time for service
28on the respondent.

29(n) A notice of hearing under this section shall notify the
30respondent that if he or she does not attend the hearing, the court
31may make orders against him or her that could last up tobegin delete threeend deletebegin insert fiveend insert
32 years.

begin delete

33(o) (1) The court may, upon the filing of a declaration by the
34petitioner that the respondent could not be served within the time
35required by statute, reissue an order previously issued and dissolved
36by the court for failure to serve the respondent. The reissued order
37shall remain in effect until the date set for the hearing.

end delete
begin delete

38(2) The reissued order shall state on its face the date of
39expiration of the order.

end delete
begin insert

P15   1(o) The respondent shall be entitled, as a matter of course, to
2one continuance, for a reasonable period, to respond to the
3petition.

end insert
begin insert

4(p) (1) Either party may request a continuance of the hearing,
5which the court shall grant on a showing of good cause. The
6request may be made in writing before or at the hearing or orally
7at the hearing. The court may also grant a continuance on its own
8motion.

end insert
begin insert

9(2) If the court grants a continuance, any temporary restraining
10order that has been granted shall remain in effect until the end of
11the continued hearing, unless otherwise ordered by the court. In
12granting a continuance, the court may modify or terminate a
13temporary restraining order.

end insert
begin delete

14(p)

end delete

15begin insert(q)end insert (1) If a respondent, named in a restraining order issued after
16a hearing, has not been served personally with the order but has
17received actual notice of the existence and substance of the order
18through personal appearance in court to hear the terms of the order
19from the court, no additional proof of service is required for
20enforcement of the order.

21(2) If the respondent named in a temporary restraining order is
22personally served with the order and notice of hearing with respect
23to a restraining order or protective order based on the temporary
24restraining order, but the respondent does not appear at the hearing,
25either personally or by an attorney, and the terms and conditions
26of the restraining order or protective order issued at the hearing
27are identical to the temporary restraining order, except for the
28duration of the order, then the restraining order or protective order
29issued at the hearing may be served on the respondent by first-class
30mail sent to the respondent at the most current address for the
31respondent available to the court.

32(3) The Judicial Council form for temporary orders issued
33pursuant to this subdivision shall contain a statement in
34substantially the following form:


36“If you have been personally served with this temporary
37restraining order and notice of hearing, but you do not appear at
38the hearing either in person or by a lawyer, and a restraining order
39that is the same as this temporary restraining order except for the
P16   1expiration date is issued at the hearing, a copy of the restraining
2order will be served on you by mail at the following address: ____.

3If that address is not correct or you wish to verify that the
4temporary restraining order was converted to a restraining order
5at the hearing without substantive change and to find out the
6duration of that order, contact the clerk of the court.”


begin delete

8(q)

end delete

9begin insert(r)end insert (1) Information onbegin delete anyend deletebegin insert aend insert temporary restraining order or
10begin delete injunctionend deletebegin insert order after hearingend insert relating to civil harassment issued
11by a court pursuant to this section shall be transmitted to the
12Department of Justice in accordance with either paragraph (2) or
13(3).

14(2) The court shall order the petitioner or the attorney for the
15petitioner to deliver a copy of an order issued under this section,
16or reissuance, extension, modification, or termination of the order,
17and any subsequent proof of service, by the close of the business
18day on which the order, reissuance, extension, modification, or
19termination was made, to a law enforcement agency having
20jurisdiction over the residence of the petitioner and to any
21additional law enforcement agencies within the court’s discretion
22as are requested by the petitioner.

23(3) Alternatively, the court or its designee shall transmit, within
24one business day, to law enforcement personnel all information
25required under subdivision (b) of Section 6380 of the Family Code
26regarding any order issued under this section, or a reissuance,
27extension, modification, or termination of the order, and any
28subsequent proof of service, by either one of the following
29methods:

30(A) Transmitting a physical copy of the order or proof of service
31to a local law enforcement agency authorized by the Department
32of Justice to enter orders into the California Law Enforcement
33Telecommunications System (CLETS).

34(B) With the approval of the Department of Justice, entering
35the order or proof of service into CLETS directly.

36(4) Each appropriate law enforcement agency shall make
37available information as to the existence and current status of these
38orders to law enforcement officers responding to the scene of
39reported harassment.

P17   1(5) An order issued under this section shall, on request of the
2petitioner, be served on the respondent, whether or not the
3respondent has been taken into custody, by any law enforcement
4officer who is present at the scene of reported harassment involving
5the parties to the proceeding. The petitioner shall provide the
6officer with an endorsed copy of the order and a proof of service
7that the officer shall complete and send to the issuing court.

8(6) Upon receiving information at the scene of an incident of
9harassment that a protective order has been issued under this
10section, or that a person who has been taken into custody is the
11subject of an order, if the protected person cannot produce a
12certified copy of the order, a law enforcement officer shall
13immediately attempt to verify the existence of the order.

14(7) If the law enforcement officer determines that a protective
15order has beenbegin delete issued,end deletebegin insert issuedend insert but not served, the officer shall
16immediately notify the respondent of the terms of the order and
17shall at that time also enforce the order. Verbal notice of the terms
18of the order shall constitute service of the order and is sufficient
19notice for the purposes of this section and for the purposes of
20Section 29825 of the Penal Code.

begin delete

21(r)

end delete

22begin insert(s)end insert The prevailing party in any action brought under this section
23may be awarded court costs and attorney’s fees, if any.

begin delete

24(s)

end delete

25begin insert(t)end insert Any willful disobedience of any temporary restraining order
26orbegin delete injunctionend deletebegin insert order after hearingend insert granted under this section is
27punishable pursuant to Section 273.6 of the Penal Code.

begin delete

28(t)

end delete

29begin insert(u)end insert (1) A person subject to a protective order issued under this
30section shall not own, possess, purchase, receive, or attempt to
31purchase or receive a firearm or ammunition while the protective
32order is in effect.

33(2) The court shall order a person subject to a protective order
34issued under this section to relinquish any firearms he or she owns
35or possesses pursuant to Section 527.9.

36(3) Every person who owns, possesses, purchases, or receives,
37or attempts to purchase or receive, a firearm or ammunition while
38the protective order is in effect is punishable pursuant to Section
3929825 of the Penal Code.

begin delete

40(u)

end delete

P18   1begin insert(v)end insert This section does not apply to any action or proceeding
2covered by Title 1.6C (commencing with Section 1788) of Part 4
3of Division 3 of the Civil Code or by Division 10 (commencing
4with Section 6200) of the Family Code. This section does not
5preclude a petitioner from using other existing civil remedies.

begin delete

6(v)

end delete

7begin insert(w)end insert (1) The Judicial Council shall develop forms, instructions,
8and rules relating to matters governed by this section. The petition
9and response forms shall be simple and concise, and their use by
10parties in actions brought pursuant to this section shall be
11mandatory.

12(2) A temporary restraining order orbegin delete injunctionend deletebegin insert order after
13hearingend insert
relating to civil harassment issued by a court pursuant to
14this section shall be issued on forms adopted by the Judicial
15Council of California and that have been approved by the
16Department of Justice pursuant to subdivision (i) of Section 6380
17of the Family Code. However, the fact that an order issued by a
18court pursuant to this section was not issued on forms adopted by
19the Judicial Council and approved by the Department of Justice
20shall not, in and of itself, make the order unenforceable.

begin delete

21(w)

end delete

22begin insert(x)end insert There is no filing fee for a petition that alleges that a person
23has inflicted or threatened violence against the petitioner, or stalked
24the petitioner, or acted or spoken in any other manner that has
25placed the petitioner in reasonable fear of violence, and that seeks
26a protective or restraining orderbegin delete or injunctionend delete restraining stalking
27or future violence or threats of violence, in any action brought
28pursuant to this section.begin delete Noend deletebegin insert Aend insert fee shallbegin insert notend insert be paid for a subpoena
29filed in connection with a petition alleging these acts.begin delete Noend deletebegin insert Aend insert fee
30shallbegin insert notend insert be paid for filing a response to a petition alleging these
31acts.

begin delete

32(x)

end delete

33begin insert(y)end insert (1) Subject to paragraph (4) of subdivision (b) of Section
346103.2 of the Government Code, there shallbegin insert notend insert bebegin delete noend deletebegin insert aend insert fee for
35the service of process by a sheriff or marshal of a protectivebegin delete order,
36restraining order, or injunctionend delete
begin insert or restraining orderend insert to be issued,
37if either of the following conditions applies:

38(A) The protectivebegin delete order, restraining order, or injunctionend deletebegin insert or
39restraining orderend insert
issued pursuant to this section is based upon
40stalking, as prohibited by Section 646.9 of the Penal Code.

P19   1(B) The protectivebegin delete order, restraining order, or injunctionend deletebegin insert or
2restraining orderend insert
issued pursuant to this section is based upon
3unlawful violence or a credible threat of violence.

4(2) The Judicial Council shall prepare and develop forms for
5persons who wish to avail themselves of the services described in
6this subdivision.

begin delete

7(y) This section shall become operative on July 1, 2014.

end delete
8

SEC. 2.  

Section 213.5 of the Welfare and Institutions Code is
9amended to read:

10

213.5.  

(a) After a petition has been filed pursuant to Section
11311 to declare a child a dependent child of the juvenile court, and
12until the time that the petition is dismissed or dependency is
13terminated, upon application in the manner provided by Section
14527 of the Code of Civil Procedure or in the manner provided by
15Section 6300 of the Family Code, if related to domestic violence,
16the juvenile court has exclusive jurisdiction to issue ex parte orders
17(1) enjoining any person from molesting, attacking, striking,
18stalking, threatening, sexually assaulting, battering, harassing,
19telephoning, including, but not limited to, making annoying
20telephone calls as described in Section 653m of the Penal Code,
21destroying the personal property, contacting, either directly or
22indirectly, by mail or otherwise, coming within a specified distance
23of, or disturbing the peace of the child or any other child in the
24household; and (2) excluding any person from the dwelling of the
25person who has care, custody, and control of the child. A court
26may also issue an ex parte order enjoining any person from
27molesting, attacking, striking, stalking, threatening, sexually
28assaulting, battering, harassing, telephoning, including, but not
29limited to, making annoying telephone calls as described in Section
30653m of the Penal Code, destroying the personal property,
31contacting, either directly or indirectly, by mail or otherwise,
32coming within a specified distance of, or disturbing the peace of
33any parent, legal guardian, or current caretaker of the child,
34regardless of whether the child resides with that parent, legal
35guardian, or current caretaker, upon application in the manner
36provided by Section 527 of the Code of Civil Procedure or, if
37related to domestic violence, in the manner provided by Section
386300 of the Family Code. A court may also issue an ex parte order
39 enjoining any person from molesting, attacking, striking, stalking,
40threatening, sexually assaulting, battering, harassing, telephoning,
P20   1including, but not limited to, making annoying telephone calls as
2described in Section 653m of the Penal Code, destroying the
3personal property, contacting, either directly or indirectly, by mail
4or otherwise, coming within a specified distance of, or disturbing
5the peace of the child’s current or former social worker or court
6appointed special advocate, upon application in the manner
7provided by Section 527 of the Code of Civil Procedure. On a
8showing of good cause, in an ex parte order issued pursuant to this
9subdivision in connection with an animal owned, possessed, leased,
10kept, or held by a person protected by the restraining order, or
11residing in the residence or household of a person protected by the
12restraining order, the court may do either or both of the following:

13(1) Grant the applicant exclusive care, possession, or control of
14the animal.

15(2) Order the restrained person to stay away from the animal
16and refrain from taking, transferring, encumbering, concealing,
17molesting, attacking, striking, threatening, harming, or otherwise
18disposing of the animal.

19(b) After a petition has been filed pursuant to Section 601 or
20602 to declare a child a ward of the juvenile court, and until the
21time that the petition is dismissed or wardship is terminated, upon
22application in the manner provided by Section 527 of the Code of
23Civil Procedure or, if related to domestic violence, in the manner
24provided by Section 6300 of the Family Code, the juvenile court
25may issue ex parte orders (1) enjoining any person from molesting,
26attacking, striking, stalking, threatening, sexually assaulting,
27battering, harassing, telephoning, including, but not limited to,
28making annoying telephone calls as described in Section 653m of
29the Penal Code, destroying the personal property, contacting, either
30directly or indirectly, by mail or otherwise, coming within a
31specified distance of, or disturbing the peace of the child or any
32other child in the household; (2) excluding any person from the
33dwelling of the person who has care, custody, and control of the
34child; or (3) enjoining the child from contacting, threatening,
35stalking, or disturbing the peace of any person the court finds to
36be at risk from the conduct of the child, or with whom association
37would be detrimental to the child. A court may also issue an ex
38parte order enjoining any person from molesting, attacking,
39striking, stalking, threatening, sexually assaulting, battering,
40harassing, telephoning, including, but not limited to, making
P21   1annoying telephone calls as described in Section 653m of the Penal
2Code, destroying the personal property, contacting, either directly
3or indirectly, by mail or otherwise, coming within a specified
4distance of, or disturbing the peace of any parent, legal guardian,
5or current caretaker of the child, regardless of whether the child
6resides with that parent, legal guardian, or current caretaker, upon
7application in the manner provided by Section 527 of the Code of
8Civil Procedure or, if related to domestic violence, in the manner
9provided by Section 6300 of the Family Code. A court may also
10issue an ex parte order enjoining any person from molesting,
11attacking, striking, stalking, threatening, sexually assaulting,
12battering, harassing, telephoning, including, but not limited to,
13making annoying telephone calls as described in Section 653m of
14the Penal Code, destroying the personal property, contacting, either
15directly or indirectly, by mail or otherwise, coming within a
16specified distance of, or disturbing the peace of the child’s current
17or former probation officer or court appointed special advocate,
18upon application in the manner provided by Section 527 of the
19Code of Civil Procedure. On a showing of good cause, in an ex
20parte order issued pursuant to this subdivision in connection with
21an animal owned, possessed, leased, kept, or held by a person
22protected by the restraining order, or residing in the residence or
23household of a person protected by the restraining order, the court
24may do either or both of the following:

25(1) Grant the applicant exclusive care, possession, or control of
26the animal.

27(2) Order the respondent to stay away from the animal and
28refrain from taking, transferring, encumbering, concealing,
29molesting, attacking, striking, threatening, harming, or otherwise
30disposing of the animal.

31(c) If a temporary restraining order is granted without notice,
32the matter shall be made returnable on an order requiring cause to
33be shown why the order should not be granted, on the earliest day
34that the business of the court will permit, but not later than 21 days
35or, if good cause appears to the court, 25 days from the date the
36temporary restraining order is granted. The court may, on the
37motion of the person seeking the restraining order, or on its own
38motion, shorten the time for service of the order to show cause on
39the person to be restrained. The court may, upon its own motion
40or the filing of a declaration by the person seeking the restraining
P22   1order, find that the person to be restrained could not be served
2within the time required by law and reissue an order previously
3issued and dissolved by the court for failure to serve the person to
4be restrained. The reissued order shall remain in effect until the
5date set for the hearing. The reissued order shall state on its face
6the date of expiration of the order. Any hearing pursuant to this
7section may be held simultaneously with any regularly scheduled
8hearings held in proceedings to declare a child a dependent child
9or ward of the juvenile court pursuant to Section 300, 601, or 602,
10or subsequent hearings regarding the dependent child or ward.

11(d) (1) The juvenile court may issue, upon notice and a hearing,
12any of the orders set forth in subdivisions (a), (b), and (c). Any
13restraining order granted pursuant to this subdivision shall remain
14in effect, in the discretion of the court, no more than three years,
15unless otherwise terminated by the court, extended by mutual
16consent of all parties to the restraining order, or extended by further
17order of the court on the motion of any party to the restraining
18order.

19(2) If an action is filed for the purpose of terminating or
20modifying a protective order prior to the expiration date specified
21in the order by a party other than the protected party, the party
22who is protected by the order shall be given notice, pursuant to
23subdivision (b) of Section 1005 of the Code of Civil Procedure,
24of the proceeding by personal service or, if the protected party has
25satisfied the requirements of Chapter 3.1 (commencing with
26Section 6205) of Division 7 of Title 1 of the Government Code,
27by service on the Secretary of State. If the party who is protected
28by the order cannot be notified prior to the hearing for modification
29or termination of the protective order, the juvenile court shall deny
30the motion to modify or terminate the order without prejudice or
31continue the hearing until the party who is protected can be
32properly noticed and may, upon a showing of good cause, specify
33another method for service of process that is reasonably designed
34to afford actual notice to the protected party. The protected party
35may waive his or her right to notice if he or she is physically
36present and does not challenge the sufficiency of the notice.

37(e) (1) The juvenile court may issue an order made pursuant to
38subdivision (a), (b), or (d) excluding a person from a residence or
39dwelling. This order may be issued for the time and on the
40conditions that the court determines, regardless of which party
P23   1holds legal or equitable title or is the lessee of the residence or
2dwelling.

3(2) The court may issue an order under paragraph (1) only on
4a showing of all of the following:

5(A) Facts sufficient for the court to ascertain that the party who
6will stay in the dwelling has a right under color of law to possession
7of the premises.

8(B) That the party to be excluded has assaulted or threatens to
9assault the other party or any other person under the care, custody,
10and control of the other party, or any minor child of the parties or
11of the other party.

12(C) That physical or emotional harm would otherwise result to
13the other party, to any person under the care, custody, and control
14of the other party, or to any minor child of the parties or of the
15other party.

16(f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
17shall state on its face the date of expiration of the order.

18(g) All data with respect to a juvenile court protective order, or
19extension, modification, or termination thereof, granted pursuant
20to subdivision (a), (b), (c), or (d), shall be transmitted by the court
21or its designee, within one business day, to law enforcement
22personnel by either one of the following methods:

23(1) Transmitting a physical copy of the order to a local law
24enforcement agency authorized by the Department of Justice to
25enter orders into the California Law Enforcement
26Telecommunications System (CLETS).

27(2) With the approval of the Department of Justice, entering the
28order into CLETS directly.

29(h) Any willful and knowing violation of any order granted
30pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
31punishable under Section 273.65 of the Penal Code.

32(i) A juvenile court restraining order related to domestic violence
33issued by a court pursuant to this section shall be issued on forms
34adopted by the Judicial Council of California and that have been
35approved by the Department of Justice pursuant to subdivision (i)
36of Section 6380 of the Family Code. However, the fact that an
37order issued by a court pursuant to this section was not issued on
38forms adopted by the Judicial Council and approved by the
39Department of Justice shall not, in and of itself, make the order
40unenforceable.

P24   1(j) (1) Prior to a hearing on the issuance or denial of an order
2under this part, a search shall be conducted as described in
3subdivision (a) of Section 6306 of the Family Code.

4(2) Prior to deciding whether to issue an order under this part,
5the court shall consider the following information obtained pursuant
6to a search conducted under paragraph (1): any conviction for a
7violent felony specified in Section 667.5 of the Penal Code or a
8serious felony specified in Section 1192.7 of the Penal Code; any
9misdemeanor conviction involving domestic violence, weapons,
10or other violence; any outstanding warrant; parole or probation
11status; any prior restraining order; and any violation of a prior
12restraining order.

13(3) (A) If the results of the search conducted pursuant to
14paragraph (1) indicate that an outstanding warrant exists against
15the subject of the search, the court shall order the clerk of the court
16to immediately notify, by the most effective means available,
17appropriate law enforcement officials of any information obtained
18through the search that the court determines is appropriate. The
19law enforcement officials notified shall take all actions necessary
20to execute any outstanding warrants or any other actions, as
21appropriate and as soon as practicable.

22(B) If the results of the search conducted pursuant to paragraph
23(1) indicate that the subject of the search is currently on parole or
24probation, the court shall order the clerk of the court to immediately
25notify, by the most effective means available, the appropriate parole
26or probation officer of any information obtained through the search
27that the court determines is appropriate. The parole or probation
28officer notified shall take all actions necessary to revoke any parole
29or probation, or any other actions, with respect to the subject
30person, as appropriate and as soon as practicable.

31(k) Upon making any order for custody or visitation pursuant
32to this section, the court shall follow the procedures specified in
33subdivisions (c) and (d) of Section 6323 of the Family Code.

34begin insert

begin insertSEC. 2.5.end insert  

end insert

begin insertSection 213.5 of the end insertbegin insertWelfare and Institutions Codeend insert
35begin insert is amended to read:end insert

36

213.5.  

(a) After a petition has been filed pursuant to Section
37311 to declare a child a dependent child of the juvenile court, and
38until the time that the petition is dismissed or dependency is
39terminated, upon application in the manner provided by Section
40527 of the Code of Civil Procedure or in the manner provided by
P25   1Section 6300 of the Family Code, if related to domestic violence,
2the juvenile court has exclusive jurisdiction to issue ex parte orders
3(1) enjoining any person from molesting, attacking, striking,
4stalking, threatening, sexually assaulting, battering, harassing,
5telephoning, including, but not limited to, making annoying
6telephone calls as described in Section 653m of the Penal Code,
7destroying the personal property, contacting, either directly or
8indirectly, by mail or otherwise, coming within a specified distance
9of, or disturbing the peace of the child or any other child in the
10household; and (2) excluding any person from the dwelling of the
11person who has care, custody, and control of the child. A court
12may also issue an ex parte order enjoining any person from
13molesting, attacking, striking, stalking, threatening, sexually
14assaulting, battering, harassing, telephoning, including, but not
15limited to, making annoying telephone calls as described in Section
16653m of the Penal Code, destroying the personal property,
17contacting, either directly or indirectly, by mail or otherwise,
18coming within a specified distance of, or disturbing the peace of
19any parent, legal guardian, or current caretaker of the child,
20regardless of whether the child resides with that parent, legal
21guardian, or current caretaker, upon application in the manner
22provided by Section 527 of the Code of Civil Procedure or, if
23related to domestic violence, in the manner provided by Section
246300 of the Family Code. A court may also issue an ex parte order
25 enjoining any person from molesting, attacking, striking, stalking,
26threatening, sexually assaulting, battering, harassing, telephoning,
27including, but not limited to, making annoying telephone calls as
28described in Section 653m of the Penal Code, destroying the
29personal property, contacting, either directly or indirectly, by mail
30or otherwise, coming within a specified distance of, or disturbing
31the peace of the child’s current or former social worker or court
32appointed special advocate, upon application in the manner
33provided by Section 527 of the Code of Civil Procedure.begin insert On a
34showing of good cause, in an ex parte order issued pursuant to
35this subdivision in connection with an animal owned, possessed,
36leased, kept, or held by a person protected by the restraining order,
37or residing in the residence or household of a person protected by
38the restraining order, the court may do either or both of the
39following:end insert

begin insert

P26   1(1) Grant the applicant exclusive care, possession, or control
2of the animal.

end insert
begin insert

3(2) Order the restrained person to stay away from the animal
4and refrain from taking, transferring, encumbering, concealing,
5molesting, attacking, striking, threatening, harming, or otherwise
6disposing of the animal.

end insert

7(b) After a petition has been filed pursuant to Section 601 or
8602 to declare a child a ward of the juvenile court, and until the
9time that the petition is dismissed or wardship is terminated, upon
10application in the manner provided by Section 527 of the Code of
11Civil Procedure or, if related to domestic violence, in the manner
12provided by Section 6300 of the Family Code, the juvenile court
13may issue ex parte orders (1) enjoining any person from molesting,
14attacking, striking, stalking, threatening, sexually assaulting,
15battering, harassing, telephoning, including, but not limited to,
16making annoying telephone calls as described in Section 653m of
17the Penal Code, destroying the personal property, contacting, either
18directly or indirectly, by mail or otherwise, coming within a
19specified distance of, or disturbing the peace of the child or any
20other child in the household; (2) excluding any person from the
21dwelling of the person who has care, custody, and control of the
22child; or (3) enjoining the child from contacting, threatening,
23stalking, or disturbing the peace of any person the court finds to
24be at risk from the conduct of the child, or with whom association
25would be detrimental to the child. A court may also issue an ex
26parte order enjoining any person from molesting, attacking,
27striking, stalking, threatening, sexually assaulting, battering,
28harassing, telephoning, including, but not limited to, making
29annoying telephone calls as described in Section 653m of the Penal
30Code, destroying the personal property, contacting, either directly
31or indirectly, by mail or otherwise, coming within a specified
32distance of, or disturbing the peace of any parent, legal guardian,
33or current caretaker of the child, regardless of whether the child
34resides with that parent, legal guardian, or current caretaker, upon
35application in the manner provided by Section 527 of the Code of
36Civil Procedure or, if related to domestic violence, in the manner
37provided by Section 6300 of the Family Code. A court may also
38issue an ex parte order enjoining any person from molesting,
39attacking, striking, stalking, threatening, sexually assaulting,
40battering, harassing, telephoning, including, but not limited to,
P27   1making annoying telephone calls as described in Section 653m of
2the Penal Code, destroying the personal property, contacting, either
3directly or indirectly, by mail or otherwise, coming within a
4specified distance of, or disturbing the peace of the child’s current
5or former probation officer or court appointed special advocate,
6upon application in the manner provided by Section 527 of the
7Code of Civil Procedure.begin insert On a showing of good cause, in an ex
8parte order issued pursuant to this subdivision in connection with
9an animal owned, possessed, leased, kept, or held by a person
10protected by the restraining order, or residing in the residence or
11household of a person protected by the restraining order, the court
12may do either or both of the following:end insert

begin insert

13(1) Grant the applicant exclusive care, possession, or control
14of the animal.

end insert
begin insert

15(2) Order the respondent to stay away from the animal and
16refrain from taking, transferring, encumbering, concealing,
17molesting, attacking, striking, threatening, harming, or otherwise
18disposing of the animal.

end insert

19(c) begin insert(1)end insertbegin insertend insert If a temporary restraining order is granted without
20notice, the matter shall be made returnable on an order requiring
21cause to be shown why the order should not be granted, on the
22earliest day that the business of the court will permit, but not later
23than 21 days or, if good cause appears to the court, 25 days from
24the date the temporary restraining order is granted. The court may,
25on the motion of the person seeking the restraining order, or on its
26own motion, shorten the time forbegin insert theend insert service of the order to show
27cause on the person to be restrained. begin deleteThe court may, upon its own
28motion or the filing of a declaration by the person seeking the
29restraining order, find that the person to be restrained could not
30be served within the time required by law and reissue an order
31previously issued and dissolved by the court for failure to serve
32the person to be restrained. The reissued order shall remain in
33effect until the date set for the hearing. The reissued order shall
34state on its face the date of expiration of the order. Any hearing
35pursuant to this section may be held simultaneously with any
36regularly scheduled hearings held in proceedings to declare a child
37a dependent child or ward of the juvenile court pursuant to Section
38300, 601, or 602, or subsequent hearings regarding the dependent
39child or ward.end delete

begin insert

P28   1(2) The respondent shall be entitled, as a matter of course, to
2one continuance, for a reasonable period, to respond to the
3petition.

end insert
begin insert

4(3) Either party may request a continuance of the hearing, which
5the court shall grant on a showing of good cause. The request may
6be made in writing before or at the hearing or orally at the hearing.
7The court may also grant a continuance on its own motion.

end insert
begin insert

8(4) If the court grants a continuance, any temporary restraining
9order that has been issued shall remain in effect until the end of
10the continued hearing, unless otherwise ordered by the court. In
11granting a continuance, the court may modify or terminate a
12temporary restraining order.

end insert
begin insert

13(5) A hearing pursuant to this section may be held
14simultaneously with any regularly scheduled hearings held in
15proceedings to declare a child a dependent child or ward of the
16juvenile court pursuant to Section 300, 601, or 602, or subsequent
17hearings regarding the dependent child or ward.

end insert

18(d) (1) The juvenile court may issue, upon notice and a hearing,
19any of the orders set forth in subdivisions (a), (b), and (c).begin delete Anyend deletebegin insert Aend insert
20 restraining order granted pursuant to this subdivision shall remain
21in effect, in the discretion of the court, no more than three years,
22unless otherwise terminated by the court, extended by mutual
23consent of all parties to the restraining order, or extended by further
24order of the court on the motion of any party to the restraining
25order.

26(2) If an action is filed for the purpose of terminating or
27modifying a protective order prior to the expiration date specified
28in the order by a party other than the protected party, the party
29who is protected by the order shall be given notice, pursuant to
30subdivision (b) of Section 1005 of the Code of Civil Procedure,
31of the proceeding by personal service or, if the protected party has
32satisfied the requirements of Chapter 3.1 (commencing with
33Section 6205) of Division 7 of Title 1 of the Government Code,
34by service on the Secretary of State. If the party who is protected
35by the order cannot be notified prior to the hearing for modification
36or termination of the protective order, the juvenile court shall deny
37the motion to modify or terminate the order without prejudice or
38continue the hearing until the party who is protected can be
39properly noticed and may, upon a showing of good cause, specify
40another method for service of process that is reasonably designed
P29   1to afford actual notice to the protected party. The protected party
2may waive his or her right to notice if he or she is physically
3present and does not challenge the sufficiency of the notice.

4(e) (1) The juvenile court may issue an order made pursuant to
5subdivision (a), (b), or (d) excluding a person from a residence or
6dwelling. This order may be issued for the time and on the
7conditions that the court determines, regardless of which party
8holds legal or equitable title or is the lessee of the residence or
9dwelling.

10(2) The court may issue an order under paragraph (1) only on
11a showing of all of the following:

12(A) Facts sufficient for the court to ascertain that the party who
13will stay in the dwelling has a right under color of law to possession
14of the premises.

15(B) That the party to be excluded has assaulted or threatens to
16assault the other party or any other person under the care, custody,
17and control of the other party, or any minor child of the parties or
18of the other party.

19(C) That physical or emotional harm would otherwise result to
20the other party, to any person under the care, custody, and control
21of the other party, or to any minor child of the parties or of the
22other party.

23(f) begin deleteAny end deletebegin insertAn end insertorder issued pursuant to subdivision (a), (b), (c), or
24(d) shall state on its face the date of expiration of the order.

25(g) All data with respect to a juvenile court protective order, or
26extension, modification, or termination thereof, granted pursuant
27to subdivision (a), (b), (c), or (d), shall be transmitted by the court
28or its designee, within one business day, to law enforcement
29personnel by either one of the following methods:

30(1) Transmitting a physical copy of the order to a local law
31enforcement agency authorized by the Department of Justice to
32enter orders into the California Law Enforcement
33Telecommunications System (CLETS).

34(2) With the approval of the Department of Justice, entering the
35order into CLETS directly.

36(h) Any willful and knowing violation of any order granted
37pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
38punishable under Section 273.65 of the Penal Code.

39(i) A juvenile court restraining order related to domestic violence
40issued by a court pursuant to this section shall be issued on forms
P30   1adopted by the Judicial Council of California and that have been
2approved by the Department of Justice pursuant to subdivision (i)
3of Section 6380 of the Family Code. However, the fact that an
4order issued by a court pursuant to this section was not issued on
5forms adopted by the Judicial Council and approved by the
6Department of Justice shall not, in and of itself, make the order
7unenforceable.

8(j) (1) Prior to a hearing on the issuance or denial of an order
9under this part, a search shall be conducted as described in
10subdivision (a) of Section 6306 of the Family Code.

11(2) Prior to deciding whether to issue an order under this part,
12the court shall consider the following information obtained pursuant
13to a search conducted under paragraph (1): any conviction for a
14violent felony specified in Section 667.5 of the Penal Code or a
15serious felony specified in Section 1192.7 of the Penal Code; any
16misdemeanor conviction involving domestic violence, weapons,
17or other violence; any outstanding warrant; parole or probation
18status; any prior restraining order; and any violation of a prior
19restraining order.

20(3) (A) If the results of the search conducted pursuant to
21paragraph (1) indicate that an outstanding warrant exists against
22the subject of the search, the court shall order the clerk of the court
23to immediately notify, by the most effective means available,
24appropriate law enforcement officials of any information obtained
25through the search that the court determines is appropriate. The
26law enforcement officials notified shall take all actions necessary
27to execute any outstanding warrants or any other actions, as
28appropriate and as soon as practicable.

29(B) If the results of the search conducted pursuant to paragraph
30(1) indicate that the subject of the search is currently on parole or
31probation, the court shall order the clerk of the court to immediately
32notify, by the most effective means available, the appropriate parole
33or probation officer of any information obtained through the search
34that the court determines is appropriate. The parole or probation
35officer notified shall take all actions necessary to revoke any parole
36or probation, or any other actions, with respect to the subject
37person, as appropriate and as soon as practicable.

38(k) Upon making any order for custody or visitation pursuant
39to this section, the court shall follow the procedures specified in
40subdivisions (c) and (d) of Section 6323 of the Family Code.

P31   1

SEC. 3.  

Section 15657.03 of the Welfare and Institutions Code
2 is amended to read:

3

15657.03.  

(a) (1) An elder or dependent adult who has suffered
4abuse as defined in Section 15610.07 may seek protective orders
5as provided in this section.

6(2) A petition may be brought on behalf of an abused elder or
7dependent adult by a conservator or a trustee of the elder or
8dependent adult, an attorney-in-fact of an elder or dependent adult
9who acts within the authority of the power of attorney, a person
10appointed as a guardian ad litem for the elder or dependent adult,
11or other person legally authorized to seek such relief.

12(b) For the purposes of this section:

13(1) “Conservator” means the legally appointed conservator of
14the person or estate of the petitioner, or both.

15(2) “Petitioner” means the elder or dependent adult to be
16protected by the protective orders and, if the court grants the
17petition, the protected person.

18(3) “Protective order” means an order that includes any of the
19following restraining orders, whether issued ex parte, after notice
20and hearing, or in a judgment:

21(A) An order enjoining a party from abusing, intimidating,
22molesting, attacking, striking, stalking, threatening, sexually
23assaulting, battering, harassing, telephoning, including, but not
24limited to, making annoying telephone calls as described in Section
25653m of the Penal Code, destroying personal property, contacting,
26either directly or indirectly, by mail or otherwise, or coming within
27a specified distance of, or disturbing the peace of, the petitioner,
28and, in the discretion of the court, on a showing of good cause, of
29other named family or household members or a conservator, if
30any, of the petitioner. On a showing of good cause, in an order
31issued pursuant to this subparagraph in connection with an animal
32owned, possessed, leased, kept, or held by the petitioner, or residing
33in the residence or household of the petitioner, the court may do
34either or both of the following:

35(i) Grant the petitioner exclusive care, possession, or control of
36the animal.

37(ii) Order the respondent to stay away from the animal and
38refrain from taking, transferring, encumbering, concealing,
39molesting, attacking, striking, threatening, harming, or otherwise
40disposing of the animal.

P32   1(B) An order excluding a party from the petitioner’s residence
2or dwelling, except that this order shall not be issued if legal or
3equitable title to, or lease of, the residence or dwelling is in the
4sole name of the party to be excluded, or is in the name of the party
5to be excluded and any other party besides the petitioner.

6(C) An order enjoining a party from specified behavior that the
7court determines is necessary to effectuate orders described in
8subparagraph (A) or (B).

9(4) “Respondent” means the person against whom the protective
10orders are sought and, if the petition is granted, the restrained
11person.

12(c) An order may be issued under this section, with or without
13notice, to restrain any person for the purpose of preventing a
14recurrence of abuse, if a declaration shows, to the satisfaction of
15the court, reasonable proof of a past act or acts of abuse of the
16petitioning elder or dependent adult.

17(d) Upon filing a petition for protective orders under this section,
18the petitioner may obtain a temporary restraining order in
19accordance with Section 527 of the Code of Civil Procedure, except
20to the extent this section provides a rule that is inconsistent. The
21temporary restraining order may include any of the protective
22orders described in paragraph (3) of subdivision (b). However, the
23court may issue an ex parte order excluding a party from the
24petitioner’s residence or dwelling only on a showing of all of the
25following:

26(1) Facts sufficient for the court to ascertain that the party who
27will stay in the dwelling has a right under color of law to possession
28of the premises.

29(2) That the party to be excluded has assaulted or threatens to
30assault the petitioner, other named family or household member
31of the petitioner, or a conservator of the petitioner.

32(3) That physical or emotional harm would otherwise result to
33the petitioner, other named family or household member of the
34petitioner, or a conservator of the petitioner.

35(e) A request for the issuance of a temporary restraining order
36without notice under this section shall be granted or denied on the
37same day that the petition is submitted to the court, unless the
38petition is filed too late in the day to permit effective review, in
39which case the order shall be granted or denied on the next day of
P33   1judicial business in sufficient time for the order to be filed that day
2with the clerk of the court.

3(f) Within 21 days, or, if good cause appears to the court, 25
4days, from the date that a request for a temporary restraining order
5is granted or denied, a hearing shall be held on the petition. If no
6request for temporary orders is made, the hearing shall be held
7within 21 days, or, if good cause appears to the court, 25 days,
8from the date that the petition is filed.

9(g) The respondent may file a response that explains or denies
10the alleged abuse.

11(h) The court may issue, upon notice and a hearing, any of the
12orders set forth in paragraph (3) of subdivision (b). The court may
13issue, after notice and hearing, an order excluding a person from
14a residence or dwelling if the court finds that physical or emotional
15harm would otherwise result to the petitioner, other named family
16or household member of the petitioner, or conservator of the
17petitioner.

18(i) (1) In the discretion of the court, an order issued after notice
19and a hearing under this section may have a duration of not more
20than five years, subject to termination or modification by further
21order of the court either on written stipulation filed with the court
22or on the motion of a party. These orders may be renewed upon
23the request of a party, either for five years or permanently, without
24a showing of any further abuse since the issuance of the original
25order, subject to termination or modification by further order of
26the court either on written stipulation filed with the court or on the
27motion of a party. The request for renewal may be brought at any
28time within the three months before the expiration of the order.

29(2) The failure to state the expiration date on the face of the
30form creates an order with a duration of three years from the date
31of issuance.

32(3) If an action is filed for the purpose of terminating or
33modifying a protective order prior to the expiration date specified
34in the order by a party other than the protected party, the party
35who is protected by the order shall be given notice, pursuant to
36subdivision (b) of Section 1005 of the Code of Civil Procedure,
37of the proceeding by personal service or, if the protected party has
38satisfied the requirements of Chapter 3.1 (commencing with
39Section 6205) of Division 7 of Title 1 of the Government Code,
40by service on the Secretary of State. If the party who is protected
P34   1by the order cannot be notified prior to the hearing for modification
2or termination of the protective order, the court shall deny the
3motion to modify or terminate the order without prejudice or
4continue the hearing until the party who is protected can be
5properly noticed and may, upon a showing of good cause, specify
6another method for service of process that is reasonably designed
7to afford actual notice to the protected party. The protected party
8may waive his or her right to notice if he or she is physically
9present in court and does not challenge the sufficiency of the notice.

10(j) In a proceeding under this section, a support person may
11accompany a party in court and, if the party is not represented by
12an attorney, may sit with the party at the table that is generally
13reserved for the party and the party’s attorney. The support person
14is present to provide moral and emotional support for a person
15who alleges he or she is a victim of abuse. The support person is
16not present as a legal adviser and may not provide legal advice.
17The support person may assist the person who alleges he or she is
18a victim of abuse in feeling more confident that he or she will not
19be injured or threatened by the other party during the proceedings
20if the person who alleges he or she is a victim of abuse and the
21other party are required to be present in close proximity. This
22subdivision does not preclude the court from exercising its
23discretion to remove the support person from the courtroom if the
24court believes the support person is prompting, swaying, or
25influencing the party assisted by the support person.

26(k) Upon the filing of a petition for protective orders under this
27section, the respondent shall be personally served with a copy of
28the petition, notice of the hearing or order to show cause, temporary
29restraining order, if any, and any declarations in support of the
30petition. Service shall be made at least five days before the hearing.
31The court may, on motion of the petitioner or on its own motion,
32shorten the time for service on the respondent.

33(l) A notice of hearing under this section shall notify the
34respondent that if he or she does not attend the hearing, the court
35may make orders against him or her that could last up to five years.

36(m) (1) The court may, upon the filing of a declaration by the
37petitioner that the respondent could not be served within the time
38required by statute, reissue an order previously issued and dissolved
39by the court for failure to serve the respondent. The reissued order
40shall remain in effect until the date set for the hearing.

P35   1(2) The reissued order shall state on its face the date of
2expiration of the order.

3(n) (1) If a respondent, named in an order issued under this
4section after a hearing, has not been served personally with the
5order but has received actual notice of the existence and substance
6of the order through personal appearance in court to hear the terms
7of the order from the court, no additional proof of service is
8required for enforcement of the order.

9(2) If the respondent named in a temporary restraining order is
10personally served with the order and notice of hearing with respect
11to a restraining order or protective order based on the temporary
12restraining order, but the respondent does not appear at the hearing,
13either personally or by an attorney, and the terms and conditions
14of the restraining order or protective order issued at the hearing
15are identical to the temporary restraining order, except for the
16duration of the order, then the restraining order or protective order
17issued at the hearing may be served on the respondent by first-class
18mail sent to the respondent at the most current address for the
19respondent that is available to the court.

20(3) The Judicial Council form for temporary orders issued
21pursuant to this subdivision shall contain a statement in
22substantially the following form:


24“If you have been personally served with a temporary restraining
25order and notice of hearing, but you do not appear at the hearing
26either in person or by a lawyer, and a restraining order that is the
27same as this temporary restraining order except for the expiration
28date is issued at the hearing, a copy of the order will be served on
29you by mail at the following address: ____.

30If that address is not correct or you wish to verify that the
31temporary restraining order was converted to a restraining order
32at the hearing without substantive change and to find out the
33duration of that order, contact the clerk of the court.”


35(o) (1) Information on any protective order relating to elder or
36dependent adult abuse issued by a court pursuant to this section
37shall be transmitted to the Department of Justice in accordance
38with either paragraph (2) or (3).

39(2) The court shall order the petitioner or the attorney for the
40petitioner to deliver a copy of an order issued under this section,
P36   1or a reissuance, extension, modification, or termination of the
2order, and any subsequent proof of service, by the close of the
3business day on which the order, reissuance, extension,
4modification, or termination was made, to each law enforcement
5agency having jurisdiction over the residence of the petitioner, and
6to any additional law enforcement agencies within the court’s
7discretion as are requested by the petitioner.

8(3) Alternatively, the court or its designee shall transmit, within
9one business day, to law enforcement personnel all information
10required under subdivision (b) of Section 6380 of the Family Code
11regarding any order issued under this section, or a reissuance,
12extension, modification, or termination of the order, and any
13subsequent proof of service, by either one of the following
14methods:

15(A) Transmitting a physical copy of the order or proof of service
16to a local law enforcement agency authorized by the Department
17of Justice to enter orders into the California Law Enforcement
18Telecommunications System (CLETS).

19(B) With the approval of the Department of Justice, entering
20the order or proof of service into CLETS directly.

21(4) Each appropriate law enforcement agency shall make
22available information as to the existence and current status of these
23orders to law enforcement officers responding to the scene of
24reported abuse.

25(5) An order issued under this section shall, on request of the
26petitioner, be served on the respondent, whether or not the
27respondent has been taken into custody, by any law enforcement
28officer who is present at the scene of reported abuse involving the
29parties to the proceeding. The petitioner shall provide the officer
30with an endorsed copy of the order and a proof of service, which
31the officer shall complete and send to the issuing court.

32(6) Upon receiving information at the scene of an incident of
33abuse that a protective order has been issued under this section,
34or that a person who has been taken into custody is the respondent
35to that order, if the protected person cannot produce an endorsed
36copy of the order, a law enforcement officer shall immediately
37attempt to verify the existence of the order.

38(7) If the law enforcement officer determines that a protective
39order has been issued, but not served, the officer shall immediately
40notify the respondent of the terms of the order and where a written
P37   1copy of the order can be obtained, and the officer shall at that time
2also enforce the order. The law enforcement officer’s verbal notice
3of the terms of the order shall constitute service of the order and
4is sufficient notice for the purposes of this section and for the
5purposes of Section 273.6 of the Penal Code.

6(p) Nothing in this section shall preclude either party from
7representation by private counsel or from appearing on the party’s
8own behalf.

9(q) There is no filing fee for a petition, response, or paper
10seeking the reissuance, modification, or enforcement of a protective
11order filed in a proceeding brought pursuant to this section.

12(r) Pursuant to paragraph (4) of subdivision (b) of Section 6103.2
13of the Government Code, a petitioner shall not be required to pay
14a fee for law enforcement to serve an order issued under this
15section.

16(s) The prevailing party in any action brought under this section
17may be awarded court costs and attorney’s fees, if any.

18(t) (1) A person subject to a protective order under this section
19shall not own, possess, purchase, receive, or attempt to receive a
20firearm or ammunition while the protective order is in effect.

21(2) The court shall order a person subject to a protective order
22issued under this section to relinquish any firearms he or she owns
23or possesses pursuant to Section 527.9 of the Code of Civil
24Procedure.

25(3) Every person who owns, possesses, purchases, or receives,
26or attempts to purchase or receive a firearm or ammunition while
27subject to a protective order issued under this section is punishable
28pursuant to Section 29825 of the Penal Code.

29(4) This subdivision shall not apply in a case in which the
30protective order issued under this section was made solely on the
31basis of financial abuse unaccompanied by force, threat,
32harassment, intimidation, or any other form of abuse.

33(u) Any willful disobedience of any temporary restraining order
34or restraining order after hearing granted under this section is
35punishable pursuant to Section 273.6 of the Penal Code.

36(v) This section does not apply to any action or proceeding
37governed by Title 1.6C (commencing with Section 1788) of Part
384 of Division 3 of the Civil Code, by Chapter 3 (commencing with
39Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
40or by Division 10 (commencing with Section 6200) of the Family
P38   1Code. Nothing in this section shall preclude a petitioner’s right to
2use other existing civil remedies.

3(w) The Judicial Council shall develop forms, instructions, and
4rules relating to matters governed by this section. The petition and
5response forms shall be simple and concise, and their use by parties
6in actions brought pursuant to this section shall be mandatory.

7begin insert

begin insertSEC. 3.1.end insert  

end insert

begin insertSection 15657.03 of the end insertbegin insertWelfare and Institutions
8Code
end insert
begin insert is amended to read:end insert

9

15657.03.  

(a) (1) An elder or dependent adult who has suffered
10begin delete abuseend deletebegin insert abuse,end insert as defined in Sectionbegin delete 15610.07end deletebegin insert 15610.07,end insert may seek
11protective orders as provided in this section.

12(2) A petition may be brought on behalf of an abused elder or
13dependent adult by a conservator or a trustee of the elder or
14dependent adult, an attorney-in-fact of an elder or dependent adult
15who acts within the authority ofbegin delete theend deletebegin insert aend insert power of attorney, a person
16appointed as a guardian ad litem for the elder or dependent adult,
17or other person legally authorized to seek such relief.

18(b) Forbegin delete theend delete purposes of this section:

19(1) “Conservator” means the legally appointed conservator of
20the person or estate of the petitioner, or both.

21(2) “Petitioner” means the elder or dependent adult to be
22protected by the protective orders and, if the court grants the
23petition, the protected person.

24(3) “Protective order” means an order that includes any of the
25following restraining orders, whether issued ex parte, after notice
26and hearing, or in a judgment:

27(A) An order enjoining a party from abusing, intimidating,
28molesting, attacking, striking, stalking, threatening, sexually
29assaulting, battering, harassing, telephoning, including, but not
30limited to, making annoying telephone calls as described in Section
31653m of the Penal Code, destroying personal property, contacting,
32either directly or indirectly, by mail or otherwise, or coming within
33a specified distance of, or disturbing the peace of, the petitioner,
34and, in the discretion of the court, on a showing of good cause, of
35other named family or household members or a conservator, if
36any, of the petitioner.begin insert On a showing of good cause, in an order
37issued pursuant to this subparagraph in connection with an animal
38owned, possessed, leased, kept, or held by the petitioner, or
39residing in the residence or household of the petitioner, the court
40may do either or both of the following:end insert

begin insert

P39   1(i) Grant the petitioner exclusive care, possession, or control
2of the animal.

end insert
begin insert

3(ii) Order the respondent to stay away from the animal and
4refrain from taking, transferring, encumbering, concealing,
5molesting, attacking, striking, threatening, harming, or otherwise
6disposing of the animal.

end insert

7(B) An order excluding a party from the petitioner’s residence
8or dwelling, except that this order shall not be issued if legal or
9equitable title to, or lease of, the residence or dwelling is in the
10sole name of the party to be excluded, or is in the name of the party
11to be excluded and any other party besides the petitioner.

12(C) An order enjoining a party from specified behavior that the
13court determines is necessary to effectuate orders described in
14subparagraph (A) or (B).

15(4) “Respondent” means the person against whom the protective
16orders are sought and, if the petition is granted, the restrained
17person.

18(c) An order may be issued under this section, with or without
19notice, to restrain any person for the purpose of preventing a
20recurrence of abuse, if a declaration shows, to the satisfaction of
21the court, reasonable proof of a past act or acts of abuse of the
22petitioning elder or dependent adult.

23(d) Upon filing a petition for protective orders under this section,
24the petitioner may obtain a temporary restraining order in
25accordance with Section 527 of the Code of Civil Procedure, except
26to the extent this section provides a rule that is inconsistent. The
27temporary restraining order may include any of the protective
28orders described in paragraph (3) of subdivision (b). However, the
29court may issue an ex parte order excluding a party from the
30petitioner’s residence or dwelling only on a showing of all of the
31following:

32(1) Facts sufficient for the court to ascertain that the party who
33will stay in the dwelling has a right under color of law to possession
34of the premises.

35(2) That the party to be excluded has assaulted or threatens to
36assault the petitioner, other named family or household member
37of the petitioner, or a conservator of the petitioner.

38(3) That physical or emotional harm would otherwise result to
39the petitioner, other named family or household member of the
40petitioner, or a conservator of the petitioner.

P40   1(e) A request for the issuance of a temporary restraining order
2without notice under this section shall be granted or denied on the
3same day that the petition is submitted to the court, unless the
4petition is filed too late in the day to permit effective review, in
5which case the order shall be granted or denied on the next day of
6judicial business in sufficient time for the order to be filed that day
7with the clerk of the court.

8(f) Within 21 days, or, if good cause appears to the court, 25
9days, from the date that a request for a temporary restraining order
10is granted or denied, a hearing shall be held on the petition. If no
11request for temporary orders is made, the hearing shall be held
12within 21 days, or, if good cause appears to the court, 25 days,
13from the date that the petition is filed.

14(g) The respondent may file a response that explains or denies
15the alleged abuse.

16(h) The court may issue, upon notice and a hearing, any of the
17orders set forth in paragraph (3) of subdivision (b). The court may
18issue, after notice and hearing, an order excluding a person from
19a residence or dwelling if the court finds that physical or emotional
20harm would otherwise result to the petitioner, other named family
21or household member of the petitioner, or conservator of the
22petitioner.

23(i) (1) In the discretion of the court, an order issued after notice
24and a hearing under this section may have a duration of not more
25than five years, subject to termination or modification by further
26order of the court either on written stipulation filed with the court
27or on the motion of a party. These orders may be renewed upon
28the request of a party, either for five years or permanently, without
29a showing of any further abuse since the issuance of the original
30order, subject to termination or modification by further order of
31the court either on written stipulation filed with the court or on the
32motion of a party. The request for renewal may be brought at any
33time within the three months before the expiration of the order.

34(2) The failure to state the expiration date on the face of the
35form creates an order with a duration of three years from the date
36of issuance.

37(3) If an action is filed for the purpose of terminating or
38modifying a protective order prior to the expiration date specified
39in the order by a party other than the protected party, the party
40who is protected by the order shall be given notice, pursuant to
P41   1subdivision (b) of Section 1005 of the Code of Civil Procedure,
2of the proceeding by personal service or, if the protected party has
3satisfied the requirements of Chapter 3.1 (commencing with
4Section 6205) of Division 7 of Title 1 of the Government Code,
5by service on the Secretary of State. If the party who is protected
6by the order cannot be notified prior to the hearing for modification
7or termination of the protective order, the court shall deny the
8motion to modify or terminate the order without prejudice or
9continue the hearing until the party who is protected can be
10properly noticed and may, upon a showing of good cause, specify
11another method for service of process that is reasonably designed
12to afford actual notice to the protected party. The protected party
13may waive his or her right to notice if he or she is physically
14present in court and does not challenge the sufficiency of the notice.

15(j) In a proceeding under this section, a support person may
16accompany a party in court and, if the party is not represented by
17an attorney, may sit with the party at the table that is generally
18reserved for the party and the party’s attorney. The support person
19is present to provide moral and emotional support for a person
20who alleges he or she is a victim of abuse. The support person is
21not present as a legal adviser and may not provide legal advice.
22The support person may assist the person who alleges he or she is
23a victim of abuse in feeling more confident that he or she will not
24be injured or threatened by the other party during the proceedings
25if the person who alleges he or she is a victim of abuse and the
26other party are required to be present in close proximity. This
27subdivision does not preclude the court from exercising its
28discretion to remove the support person from the courtroom if the
29court believes the support person is prompting, swaying, or
30influencing the party assisted by the support person.

31(k) Upon the filing of a petition for protective orders under this
32section, the respondent shall be personally served with a copy of
33 the petition, notice of the hearing or order to show cause, temporary
34restraining order, if any, and any declarations in support of the
35petition. Service shall be made at least five days before the hearing.
36The court may, on motion of the petitioner or on its own motion,
37shorten the time for service on the respondent.

38(l) A notice of hearing under this section shall notify the
39respondent that if he or she does not attend the hearing, the court
40may make orders against him or her that could last up to five years.

begin delete

P42   1(m) (1) The court may, upon the filing of a declaration by the
2petitioner that the respondent could not be served within the time
3required by statute, reissue an order previously issued and dissolved
4by the court for failure to serve the respondent. The reissued order
5shall remain in effect until the date set for the hearing.

end delete
begin delete

6(2) The reissued order shall state on its face the date of
7expiration of the order.

end delete
begin insert

8(m) The respondent shall be entitled, as a matter of course, to
9one continuance, for a reasonable period, to respond to the
10petition.

end insert
begin insert

11(n) (1)   Either party may request a continuance of the hearing,
12which the court shall grant on a showing of good cause. The
13request may be made in writing before or at the hearing or orally
14at the hearing. The court may also grant a continuance on its own
15motion.

end insert
begin insert

16(2) If the court grants a continuance, any temporary restraining
17order that has been granted shall remain in effect until the end of
18the continued hearing, unless otherwise ordered by the court. In
19granting a continuance, the court may modify or terminate a
20 temporary restraining order.

end insert
begin delete

21(n)

end delete

22begin insert(o)end insert (1) If a respondent, named in an order issued under this
23section after a hearing, has not been served personally with the
24order but has received actual notice of the existence and substance
25of the order through personal appearance in court to hear the terms
26of the order from the court, no additional proof of service is
27required for enforcement of the order.

28(2) If the respondent named in a temporary restraining order is
29personally served with the order and notice of hearing with respect
30to a restraining order or protective order based on the temporary
31restraining order, but the respondent does not appear at the hearing,
32either personally or by an attorney, and the terms and conditions
33of the restraining order or protective order issued at the hearing
34are identical to the temporary restraining order, except for the
35duration of the order, then the restraining order or protective order
36issued at the hearing may be served on the respondent by first-class
37mail sent to the respondent at the most current address for the
38respondent that is available to the court.

P43   1(3) The Judicial Council form for temporary orders issued
2pursuant to this subdivision shall contain a statement in
3substantially the following form:


5“If you have been personally served with a temporary restraining
6order and notice of hearing, but you do not appear at the hearing
7either in person or by a lawyer, and a restraining order that is the
8same as this temporary restraining order except for the expiration
9date is issued at the hearing, a copy of the order will be served on
10you by mail at the following address: ____.

11If that address is not correct or you wish to verify that the
12temporary restraining order was converted to a restraining order
13at the hearing without substantive change and to find out the
14duration of that order, contact the clerk of the court.”


begin delete

16(o)

end delete

17begin insert(p)end insert (1) Information onbegin delete anyend deletebegin insert aend insert protective order relating to elder
18or dependent adult abuse issued by a court pursuant to this section
19shall be transmitted to the Department of Justice in accordance
20with either paragraph (2) or (3).

21(2) The court shall order the petitioner or the attorney for the
22petitioner to deliver a copy of an order issued under this section,
23or a reissuance, extension, modification, or termination of the
24order, and any subsequent proof of service, by the close of the
25business day on which the order, reissuance, extension,
26modification, or termination was made, to each law enforcement
27agency having jurisdiction over the residence of the petitioner, and
28to any additional law enforcement agencies within the court’s
29discretion as are requested by the petitioner.

30(3) Alternatively, the court or its designee shall transmit, within
31one business day, to law enforcement personnel all information
32required under subdivision (b) of Section 6380 of the Family Code
33regarding any order issued under this section, or a reissuance,
34extension, modification, or termination of the order, and any
35subsequent proof of service, by either one of the following
36methods:

37(A) Transmitting a physical copy of the order or proof of service
38to a local law enforcement agency authorized by the Department
39of Justice to enter orders into the California Law Enforcement
40Telecommunications System (CLETS).

P44   1(B) With the approval of the Department of Justice, entering
2the order or proof of service into CLETS directly.

3(4) Each appropriate law enforcement agency shall make
4available information as to the existence and current status of these
5orders to law enforcement officers responding to the scene of
6 reported abuse.

7(5) An order issued under this section shall, on request of the
8petitioner, be served on the respondent, whether or not the
9respondent has been taken into custody, by any law enforcement
10officer who is present at the scene of reported abuse involving the
11parties to the proceeding. The petitioner shall provide the officer
12with an endorsed copy of the order and a proof of service, which
13the officer shall complete and send to the issuing court.

14(6) Upon receiving information at the scene of an incident of
15abuse that a protective order has been issued under this section,
16or that a person who has been taken into custody is the respondent
17to that order, if the protected person cannot produce an endorsed
18copy of the order, a law enforcement officer shall immediately
19attempt to verify the existence of the order.

20(7) If the law enforcement officer determines that a protective
21order has beenbegin delete issued,end deletebegin insert issuedend insert but not served, the officer shall
22immediately notify the respondent of the terms of the order and
23where a written copy of the order can be obtained, and the officer
24shall at that time also enforce the order. The law enforcement
25officer’s verbal notice of the terms of the order shall constitute
26service of the order and is sufficient notice for the purposes of this
27section and for the purposes of Section 273.6 of the Penal Code.

begin delete

28(p)

end delete

29begin insert(q)end insert Nothing in this section shall preclude either party from
30representation by private counsel or from appearing on the party’s
31own behalf.

begin delete

32(q)

end delete

33begin insert(r)end insert There is no filing fee for a petition, response, or paper
34seeking the reissuance, modification, or enforcement of a protective
35order filed in a proceeding brought pursuant to this section.

begin delete

36(r)

end delete

37begin insert(s)end insert Pursuant to paragraph (4) of subdivision (b) of Section
386103.2 of the Government Code, a petitioner shall not be required
39to pay a fee for law enforcement to serve an order issued under
40this section.

begin delete

P45   1(s)

end delete

2begin insert(t)end insert The prevailing party inbegin delete anyend deletebegin insert anend insert action brought under this
3section may be awarded court costs and attorney’s fees, if any.

begin delete

4(t)

end delete

5begin insert(u)end insert (1) A person subject to a protective order under this section
6shall not own, possess, purchase, receive, or attempt to receive a
7firearm or ammunition while the protective order is in effect.

8(2) The court shall order a person subject to a protective order
9issued under this section to relinquish any firearms he or she owns
10or possesses pursuant to Section 527.9 of the Code of Civil
11Procedure.

12(3) Every person who owns, possesses, purchases, or receives,
13or attempts to purchase or receive a firearm or ammunition while
14subject to a protective order issued under this section is punishable
15pursuant to Section 29825 of the Penal Code.

16(4) This subdivisionbegin delete shallend deletebegin insert doesend insert not apply in a case in whichbegin delete theend delete
17begin insert aend insert protective order issued under this section was made solely on
18the basis of financial abuse unaccompanied by force, threat,
19harassment, intimidation, or any other form of abuse.

begin delete

20(u)

end delete

21begin insert(v)end insert Any willful disobedience of any temporary restraining order
22or restraining order after hearing granted under this section is
23punishable pursuant to Section 273.6 of the Penal Code.

begin delete

24(v)

end delete

25begin insert(w)end insert This section does not apply to any action or proceeding
26governed by Title 1.6C (commencing with Section 1788) of Part
274 of Division 3 of the Civil Code, by Chapter 3 (commencing with
28Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
29or by Division 10 (commencing with Section 6200) of the Family
30Code. Nothing in this section shall preclude a petitioner’s right to
31use other existing civil remedies.

begin delete

32(w)

end delete

33begin insert(x)end insert The Judicial Council shall develop forms, instructions, and
34rules relating to matters governed by this section. The petition and
35response forms shall be simple and concise, and their use by parties
36in actions brought pursuant to this section shall be mandatory.

37begin insert

begin insertSEC. 3.2.end insert  

end insert

begin insertSection 15657.03 of the end insertbegin insertWelfare and Institutions
38Code
end insert
begin insert is amended to read:end insert

P46   1

15657.03.  

(a) (1) An elder or dependent adult who has suffered
2begin delete abuseend deletebegin insert abuse,end insert as defined in Sectionbegin delete 15610.07end deletebegin insert 15610.07,end insert may seek
3protective orders as provided in this section.

4(2) A petition may be brought on behalf of an abused elder or
5dependent adult by a conservator or a trustee of the elder or
6dependent adult, an attorney-in-fact of an elder or dependent adult
7who acts within the authority ofbegin delete theend deletebegin insert aend insert power of attorney, a person
8appointed as a guardian ad litem for the elder or dependent adult,
9or other person legally authorized to seek such relief.

10(b) For the purposes of this section:

11(1) “Conservator” means the legally appointed conservator of
12the person or estate of the petitioner, or both.

13(2) “Petitioner” means the elder or dependent adult to be
14protected by the protective orders and, if the court grants the
15petition, the protected person.

16(3) “Protective order” means an order that includes any of the
17following restraining orders, whether issued ex parte, after notice
18and hearing, or in a judgment:

19(A) An order enjoining a party from abusing, intimidating,
20molesting, attacking, striking, stalking, threatening, sexually
21assaulting, battering, harassing, telephoning, including, but not
22limited to, making annoying telephone calls as described in Section
23653m of the Penal Code, destroying personal property, contacting,
24either directly or indirectly, by mail or otherwise, or coming within
25a specified distance of, or disturbing the peace of, the petitioner,
26and, in the discretion of the court, on a showing of good cause, of
27other named family or household members or a conservator, if
28any, of the petitioner.begin insert On a showing of good cause, in an order
29issued pursuant to this subparagraph in connection with an animal
30owned, possessed, leased, kept, or held by the petitioner, or
31residing in the residence or household of the petitioner, the court
32may do either or both of the following:end insert

begin insert

33(i) Grant the petitioner exclusive care, possession, or control
34of the animal.

end insert
begin insert

35(ii) Order the respondent to stay away from the animal and
36refrain from taking, transferring, encumbering, concealing,
37molesting, attacking, striking, threatening, harming, or otherwise
38disposing of the animal.

end insert

39(B) An order excluding a party from the petitioner’s residence
40or dwelling, except that this order shall not be issued if legal or
P47   1equitable title to, or lease of, the residence or dwelling is in the
2sole name of the party to be excluded, or is in the name of the party
3to be excluded and any other party besides the petitioner.

4(C) An order enjoining a party from specified behavior that the
5court determines is necessary to effectuate orders described in
6subparagraph (A) or (B).

7(4) “Respondent” means the person against whom the protective
8orders are sought and, if the petition is granted, the restrained
9person.

10(c) An order may be issued under this section, with or without
11notice, to restrain any person for the purpose of preventing a
12recurrence of abuse, if a declaration shows, to the satisfaction of
13the court, reasonable proof of a past act or acts of abuse of the
14petitioning elder or dependent adult.

15(d) Upon filing a petition for protective orders under this section,
16the petitioner may obtain a temporary restraining order in
17accordance with Section 527 of the Code of Civil Procedure, except
18to the extent this section provides a rule that is inconsistent. The
19temporary restraining order may include any of the protective
20orders described in paragraph (3) of subdivision (b). However, the
21court may issue an ex parte order excluding a party from the
22petitioner’s residence or dwelling only on a showing of all of the
23following:

24(1) Facts sufficient for the court to ascertain that the party who
25will stay in the dwelling has a right under color of law to possession
26of the premises.

27(2) That the party to be excluded has assaulted or threatens to
28assault the petitioner, other named family or household member
29of the petitioner, or a conservator of the petitioner.

30(3) That physical or emotional harm would otherwise result to
31the petitioner, other named family or household member of the
32petitioner, or a conservator of the petitioner.

33(e) A request for the issuance of a temporary restraining order
34without notice under this section shall be granted or denied on the
35same day that the petition is submitted to the court, unless the
36petition is filed too late in the day to permit effective review, in
37which case the order shall be granted or denied on the next day of
38judicial business in sufficient time for the order to be filed that day
39with the clerk of the court.

P48   1(f) Within 21 days, or, if good cause appears to the court, 25
2days, from the date that a request for a temporary restraining order
3is granted or denied, a hearing shall be held on the petition. If no
4request for temporary orders is made, the hearing shall be held
5within 21 days, or, if good cause appears to the court, 25 days,
6from the date that the petition is filed.

7(g) The respondent may file a response that explains or denies
8the alleged abuse.

9(h) The court may issue, upon notice and a hearing, any of the
10orders set forth in paragraph (3) of subdivision (b). The court may
11issue, after notice and hearing, an order excluding a person from
12a residence or dwelling if the court finds that physical or emotional
13harm would otherwise result to the petitioner, other named family
14or household member of the petitioner, or conservator of the
15petitioner.

16(i) (1) In the discretion of the court, an order issued after notice
17and a hearing under this section may have a duration of not more
18than five years, subject to termination or modification by further
19order of the court either on written stipulation filed with the court
20or on the motion of a party. These orders may be renewed upon
21the request of a party, either for five years or permanently, without
22a showing of any further abuse since the issuance of the original
23 order, subject to termination or modification by further order of
24the court either on written stipulation filed with the court or on the
25motion of a party. The request for renewal may be brought at any
26time within the three months before the expiration of the order.

27(2) The failure to state the expiration date on the face of the
28form creates an order with a duration of three years from the date
29of issuance.

30(3) If an action is filed for the purpose of terminating or
31modifying a protective order prior to the expiration date specified
32in the order by a party other than the protected party, the party
33who is protected by the order shall be given notice, pursuant to
34subdivision (b) of Section 1005 of the Code of Civil Procedure,
35of the proceeding by personal service or, if the protected party has
36satisfied the requirements of Chapter 3.1 (commencing with
37Section 6205) of Division 7 of Title 1 of the Government Code,
38by service on the Secretary of State. If the party who is protected
39by the order cannot be notified prior to the hearing for modification
40or termination of the protective order, the court shall deny the
P49   1motion to modify or terminate the order without prejudice or
2continue the hearing until the party who is protected can be
3properly noticed and may, upon a showing of good cause, specify
4another method for service of process that is reasonably designed
5to afford actual notice to the protected party. The protected party
6may waive his or her right to notice if he or she is physically
7present in court and does not challenge the sufficiency of the notice.

8(j) In a proceeding under this section, a support person may
9accompany a party in court and, if the party is not represented by
10an attorney, may sit with the party at the table that is generally
11reserved for the party and the party’s attorney. The support person
12is present to provide moral and emotional support for a person
13who alleges he or she is a victim of abuse. The support person is
14not present as a legal adviser and may not provide legal advice.
15The support person may assist the person who alleges he or she is
16a victim of abuse in feeling more confident that he or she will not
17be injured or threatened by the other party during the proceedings
18if the person who alleges he or she is a victim of abuse and the
19other party are required to be present in close proximity. This
20subdivision does not preclude the court from exercising its
21discretion to remove the support person from the courtroom if the
22court believes the support person is prompting, swaying, or
23influencing the party assisted by the support person.

24(k) Upon the filing of a petition for protective orders under this
25section, the respondent shall be personally served with a copy of
26the petition, notice of the hearing or order to show cause, temporary
27restraining order, if any, and any declarations in support of the
28petition. Service shall be made at least five days before the hearing.
29The court may, on motion of the petitioner or on its own motion,
30shorten the time for service on the respondent.

31(l) A notice of hearing under this section shall notify the
32respondent that if he or she does not attend the hearing, the court
33may make orders against him or her that could last up to five years.

34(m) (1) The court may, upon the filing of a declaration by the
35petitioner that the respondent could not be served within the time
36required by statute, reissue an order previously issued and dissolved
37by the court for failure to serve the respondent. The reissued order
38shall remain in effect until the date set for the hearing.

39(2) The reissued order shall state on its face the date of
40expiration of the order.

P50   1(n) (1) If a respondent, named in an order issued under this
2section after a hearing, has not been served personally with the
3order but has received actual notice of the existence and substance
4of the order through personal appearance in court to hear the terms
5of the order from the court, no additional proof of service is
6required for enforcement of the order.

7(2) If the respondent named in a temporary restraining order is
8personally served with the order and notice of hearing with respect
9to a restraining order or protective order based on the temporary
10restraining order, but the respondent does not appear at the hearing,
11either personally or by an attorney, and the terms and conditions
12of the restraining order or protective order issued at the hearing
13are identical to the temporary restraining order, except for the
14duration of the order, then the restraining order or protective order
15issued at the hearing may be served on the respondent by first-class
16mail sent to the respondent at the most current address for the
17respondent that is available to the court.

18(3) The Judicial Council form for temporary orders issued
19pursuant to this subdivision shall contain a statement in
20substantially the following form:


22“If you have been personally served with a temporary restraining
23order and notice of hearing, but you do not appear at the hearing
24either in person or by a lawyer, and a restraining order that is the
25same as this temporary restraining order except for the expiration
26date is issued at the hearing, a copy of the order will be served on
27you by mail at the following address: ____.

28If that address is not correct or you wish to verify that the
29temporary restraining order was converted to a restraining order
30at the hearing without substantive change and to find out the
31duration of that order, contact the clerk of the court.”


33(o) (1) Information onbegin delete anyend deletebegin insert aend insert protective order relating to elder
34or dependent adult abuse issued by a court pursuant to this section
35shall be transmitted to the Department of Justice in accordance
36with either paragraph (2) or (3).

37(2) The court shall order the petitioner or the attorney for the
38petitioner to deliver a copy of an order issued under this section,
39or a reissuance, extension, modification, or termination of the
40order, and any subsequent proof of service, by the close of the
P51   1business day on which the order, reissuance, extension,
2modification, or termination was made, to each law enforcement
3agency having jurisdiction over the residence of the petitioner, and
4to any additional law enforcement agencies within the court’s
5discretion as are requested by the petitioner.

6(3) Alternatively, the court or its designee shall transmit, within
7one business day, to law enforcement personnel all information
8required under subdivision (b) of Section 6380 of the Family Code
9regarding any order issued under this section, or a reissuance,
10extension, modification, or termination of the order, and any
11subsequent proof of service, by either one of the following
12methods:

13(A) Transmitting a physical copy of the order or proof of service
14to a local law enforcement agency authorized by the Department
15of Justice to enter orders into the California Law Enforcement
16Telecommunications System (CLETS).

17(B) With the approval of the Department of Justice, entering
18the order or proof of service into CLETS directly.

19(4) Each appropriate law enforcement agency shall make
20available information as to the existence and current status of these
21orders to law enforcement officers responding to the scene of
22reported abuse.

23(5) An order issued under this section shall, on request of the
24petitioner, be served on the respondent, whether or not the
25respondent has been taken into custody, by any law enforcement
26officer who is present at the scene of reported abuse involving the
27parties to the proceeding. The petitioner shall provide the officer
28with an endorsed copy of the order and a proof of service, which
29the officer shall complete and send to the issuing court.

30(6) Upon receiving information at the scene of an incident of
31abuse that a protective order has been issued under this section,
32or that a person who has been taken into custody is the respondent
33to that order, if the protected person cannot produce an endorsed
34copy of the order, a law enforcement officer shall immediately
35attempt to verify the existence of the order.

36(7) If the law enforcement officer determines that a protective
37order has been issued, but not served, the officer shall immediately
38notify the respondent of the terms of the order and where a written
39copy of the order can be obtained, and the officer shall at that time
40also enforce the order. The law enforcement officer’s verbal notice
P52   1of the terms of the order shall constitute service of the order and
2is sufficient notice for the purposes of this section and for the
3 purposes of Section 273.6 of the Penal Code.

4(p) Nothing in this section shall preclude either party from
5representation by private counsel or from appearing on the party’s
6own behalf.

7(q) There is no filing fee for a petition, response, or paper
8seeking the reissuance, modification, or enforcement of a protective
9order filed in a proceeding brought pursuant to this section.

10(r) Pursuant to paragraph (4) of subdivision (b) of Section 6103.2
11of the Government Code, a petitioner shall not be required to pay
12a fee for law enforcement to serve an order issued under this
13section.

14(s) The prevailing party inbegin delete anyend deletebegin insert anend insert action brought under this
15section may be awarded court costs and attorney’s fees, if any.

16(t) (1) A person subject to a protective order under this section
17shall not own, possess, purchase, receive, or attempt to receive a
18firearm or ammunition while the protective order is in effect.

19(2) The court shall order a person subject to a protective order
20issued under this section to relinquish any firearms he or she owns
21or possesses pursuant to Section 527.9 of the Code of Civil
22Procedure.

23(3) Every person who owns, possesses, purchases, or receives,
24or attempts to purchase or receive a firearm or ammunition while
25subject to a protective order issued under this section is punishable
26pursuant to Section 29825 of the Penal Code.

27(4) This subdivisionbegin delete shallend deletebegin insert doesend insert not apply in a case in whichbegin delete theend delete
28begin insert aend insert protective order issued under this section was made solely on
29the basis of financial abuse unaccompanied by force, threat,
30harassment, intimidation, or any other form of abuse.

31(u) Any willful disobedience of any temporary restraining order
32or restraining order after hearing granted under this section is
33punishable pursuant to Section 273.6 of the Penal Code.

34(v) This section does not apply to any action or proceeding
35 governed by Title 1.6C (commencing with Section 1788) of Part
364 of Division 3 of the Civil Code,begin delete byend delete Chapter 3 (commencing with
37Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
38orbegin delete byend delete Division 10 (commencing with Section 6200) of the Family
39Code. Nothing in this section shall preclude a petitioner’s right to
40use other existing civil remedies.

P53   1(w) The Judicial Council shall develop forms, instructions, and
2rules relating to matters governed by this section. The petition and
3response forms shall be simple and concise, and their use by parties
4in actions brought pursuant to this section shall be mandatory.

begin insert

5(x) This section shall become inoperative on July 1, 2016, and,
6as of January 1, 2017, is repealed, unless a later enacted statute,
7that becomes operative on or before January 1, 2017, deletes or
8extends the dates on which it becomes inoperative and is repealed.

end insert
9begin insert

begin insertSEC. 3.3.end insert  

end insert

begin insertSection 15657.03 is added to the end insertbegin insertWelfare and
10Institutions Code
end insert
begin insert, to read:end insert

begin insert
11

begin insert15657.03.end insert  

(a) (1)   An elder or dependent adult who has suffered
12abuse, as defined in Section 15610.07, may seek protective orders
13as provided in this section.

14(2) A petition may be brought on behalf of an abused elder or
15dependent adult by a conservator or a trustee of the elder or
16dependent adult, an attorney-in-fact of an elder or dependent adult
17who acts within the authority of a power of attorney, a person
18appointed as a guardian ad litem for the elder or dependent adult,
19or other person legally authorized to seek the relief.

20(3) (A)   A petition under this section may be brought on behalf
21of an elder or dependent adult by a county adult protective services
22agency in either of the following circumstances:

23(i) If the elder or dependent adult has suffered abuse as defined
24in subdivision (b) and has an impaired ability to appreciate and
25understand the circumstances that place him or her at risk of harm.

26(ii) If the elder or dependent adult has provided written
27authorization to a county adult protective services agency to act
28on his or her behalf.

29(B) In the case of a petition filed pursuant to clause (i) of
30subparagraph (A) by a county adult protective services agency, a
31referral shall be made to the public guardian consistent with
32Section 2920 of the Probate Code prior to or concurrent with the
33filing of the petition, unless a petition for appointment of a
34conservator has already been filed with the probate court by the
35public guardian or another party.

36(C) A county adult protective services agency shall be subject
37to any confidentiality restrictions that otherwise apply to its
38activities under law and shall disclose only those facts as necessary
39to establish reasonable cause for the filing of the petition,
40including, in the case of a petition filed pursuant to clause (i) of
P54   1subparagraph (A), to establish the agency’s belief that the elder
2or dependent adult has suffered abuse and has an impaired ability
3to appreciate and understand the circumstances that place him or
4her at risk, and as may be requested by the court in determining
5whether to issue an order under this section.

6(b) For the purposes of this section:

7(1) “Abuse” has the meaning set forth in Section 15610.07.

8(2) “Conservator” means the legally appointed conservator of
9the person or estate of the petitioner, or both.

10(3) “Petitioner” means the elder or dependent adult to be
11protected by the protective orders and, if the court grants the
12petition, the protected person.

13(4) “Protective order” means an order that includes any of the
14following restraining orders, whether issued ex parte, after notice
15and hearing, or in a judgment:

16(A) An order enjoining a party from abusing, intimidating,
17molesting, attacking, striking, stalking, threatening, sexually
18assaulting, battering, harassing, telephoning, including, but not
19limited to, making annoying telephone calls as described in Section
20653m of the Penal Code, destroying personal property, contacting,
21either directly or indirectly, by mail or otherwise, or coming within
22a specified distance of, or disturbing the peace of, the petitioner,
23and, in the discretion of the court, on a showing of good cause, of
24other named family or household members or a conservator, if
25any, of the petitioner. On a showing of good cause, in an order
26issued pursuant to this subparagraph in connection with an animal
27owned, possessed, leased, kept, or held by the petitioner, or
28residing in the residence or household of the petitioner, the court
29may do either or both of the following:

30(i) Grant the petitioner exclusive care, possession, or control
31of the animal.

32(ii) Order the respondent to stay away from the animal and
33refrain from taking, transferring, encumbering, concealing,
34molesting, attacking, striking, threatening, harming, or otherwise
35disposing of the animal.

36(B) An order excluding a party from the petitioner’s residence
37or dwelling, except that this order shall not be issued if legal or
38equitable title to, or lease of, the residence or dwelling is in the
39sole name of the party to be excluded, or is in the name of the party
40to be excluded and any other party besides the petitioner.

P55   1(C) An order enjoining a party from specified behavior that the
2court determines is necessary to effectuate orders described in
3subparagraph (A) or (B).

4(5) “Respondent” means the person against whom the protective
5orders are sought and, if the petition is granted, the restrained
6person.

7(c) An order may be issued under this section, with or without
8notice, to restrain any person for the purpose of preventing a
9recurrence of abuse, if a declaration shows, to the satisfaction of
10the court, reasonable proof of a past act or acts of abuse of the
11petitioning elder or dependent adult.

12(d) Upon filing a petition for protective orders under this
13section, the petitioner may obtain a temporary restraining order
14in accordance with Section 527 of the Code of Civil Procedure,
15except to the extent this section provides a rule that is inconsistent.
16The temporary restraining order may include any of the protective
17orders described in paragraph (4) of subdivision (b). However,
18the court may issue an ex parte order excluding a party from the
19petitioner’s residence or dwelling only on a showing of all of the
20following:

21(1) Facts sufficient for the court to ascertain that the party who
22will stay in the dwelling has a right under color of law to
23possession of the premises.

24(2) That the party to be excluded has assaulted or threatens to
25assault the petitioner, other named family or household member
26of the petitioner, or a conservator of the petitioner.

27(3) That physical or emotional harm would otherwise result to
28the petitioner, other named family or household member of the
29petitioner, or a conservator of the petitioner.

30(e) A request for the issuance of a temporary restraining order
31without notice under this section shall be granted or denied on the
32same day that the petition is submitted to the court, unless the
33petition is filed too late in the day to permit effective review, in
34which case the order shall be granted or denied on the next day
35of judicial business in sufficient time for the order to be filed that
36day with the clerk of the court.

37(f) Within 21 days, or, if good cause appears to the court, 25
38days, from the date that a request for a temporary restraining
39order is granted or denied, a hearing shall be held on the petition.
40If no request for temporary orders is made, the hearing shall be
P56   1held within 21 days, or, if good cause appears to the court, 25
2days, from the date that the petition is filed.

3(g) The respondent may file a response that explains or denies
4the alleged abuse.

5(h) The court may issue, upon notice and a hearing, any of the
6orders set forth in paragraph (4) of subdivision (b). The court may
7issue, after notice and hearing, an order excluding a person from
8a residence or dwelling if the court finds that physical or emotional
9harm would otherwise result to the petitioner, other named family
10or household member of the petitioner, or conservator of the
11petitioner.

12(i) (1)   In the discretion of the court, an order issued after notice
13and a hearing under this section may have a duration of not more
14than five years, subject to termination or modification by further
15order of the court either on written stipulation filed with the court
16or on the motion of a party. These orders may be renewed upon
17the request of a party, either for five years or permanently, without
18a showing of any further abuse since the issuance of the original
19order, subject to termination or modification by further order of
20the court either on written stipulation filed with the court or on
21the motion of a party. The request for renewal may be brought at
22any time within the three months before the expiration of the order.

23(2) The failure to state the expiration date on the face of the
24form creates an order with a duration of three years from the date
25of issuance.

26(3) If an action is filed for the purpose of terminating or
27modifying a protective order prior to the expiration date specified
28in the order by a party other than the protected party, the party
29who is protected by the order shall be given notice, pursuant to
30subdivision (b) of Section 1005 of the Code of Civil Procedure, of
31the proceeding by personal service or, if the protected party has
32satisfied the requirements of Chapter 3.1 (commencing with Section
336205) of Division 7 of Title 1 of the Government Code, by service
34on the Secretary of State. If the party who is protected by the order
35cannot be notified prior to the hearing for modification or
36termination of the protective order, the court shall deny the motion
37to modify or terminate the order without prejudice or continue the
38hearing until the party who is protected can be properly noticed
39and may, upon a showing of good cause, specify another method
40for service of process that is reasonably designed to afford actual
P57   1notice to the protected party. The protected party may waive his
2or her right to notice if he or she is physically present in court and
3does not challenge the sufficiency of the notice.

4(j) In a proceeding under this section, a support person may
5accompany a party in court and, if the party is not represented by
6an attorney, may sit with the party at the table that is generally
7reserved for the party and the party’s attorney. The support person
8is present to provide moral and emotional support for a person
9who alleges he or she is a victim of abuse. The support person is
10not present as a legal adviser and may not provide legal advice.
11The support person may assist the person who alleges he or she
12is a victim of abuse in feeling more confident that he or she will
13not be injured or threatened by the other party during the
14proceedings if the person who alleges he or she is a victim of abuse
15and the other party are required to be present in close proximity.
16This subdivision does not preclude the court from exercising its
17discretion to remove the support person from the courtroom if the
18court believes the support person is prompting, swaying, or
19influencing the party assisted by the support person.

20(k) Upon the filing of a petition for protective orders under this
21section, the respondent shall be personally served with a copy of
22the petition, notice of the hearing or order to show cause,
23temporary restraining order, if any, and any declarations in
24support of the petition. Service shall be made at least five days
25before the hearing. The court may, on motion of the petitioner or
26on its own motion, shorten the time for service on the respondent.

27(l) A notice of hearing under this section shall notify the
28respondent that if he or she does not attend the hearing, the court
29may make orders against him or her that could last up to five years.

30(m) (1)   The court may, upon the filing of a declaration by the
31petitioner that the respondent could not be served within the time
32required by statute, reissue an order previously issued and
33dissolved by the court for failure to serve the respondent. The
34reissued order shall remain in effect until the date set for the
35hearing.

36(2) The reissued order shall state on its face the date of
37expiration of the order.

38(n) (1)   If a respondent, named in an order issued under this
39section after a hearing, has not been served personally with the
40order but has received actual notice of the existence and substance
P58   1of the order through personal appearance in court to hear the
2terms of the order from the court, no additional proof of service
3is required for enforcement of the order.

4(2) If the respondent named in a temporary restraining order
5is personally served with the order and notice of hearing with
6respect to a restraining order or protective order based on the
7temporary restraining order, but the respondent does not appear
8at the hearing, either personally or by an attorney, and the terms
9and conditions of the restraining order or protective order issued
10at the hearing are identical to the temporary restraining order,
11except for the duration of the order, then the restraining order or
12protective order issued at the hearing may be served on the
13respondent by first-class mail sent to the respondent at the most
14current address for the respondent that is available to the court.

15(3) The Judicial Council form for temporary orders issued
16pursuant to this subdivision shall contain a statement in
17substantially the following form:

18“If you have been personally served with a temporary restraining
19order and notice of hearing, but you do not appear at the hearing
20either in person or by a lawyer, and a restraining order that is the
21same as this temporary restraining order except for the expiration
22date is issued at the hearing, a copy of the order will be served on
23you by mail at the following address:

24If that address is not correct or you wish to verify that the
25temporary restraining order was converted to a restraining order
26at the hearing without substantive change and to find out the
27duration of that order, contact the clerk of the court.”

28(o) (1)   Information on a protective order relating to elder or
29dependent adult abuse issued by a court pursuant to this section
30shall be transmitted to the Department of Justice in accordance
31with either paragraph (2) or (3).

32(2) The court shall order the petitioner or the attorney for the
33petitioner to deliver a copy of an order issued under this section,
34or a reissuance, extension, modification, or termination of the
35order, and any subsequent proof of service, by the close of the
36business day on which the order, reissuance, extension,
37modification, or termination was made, to each law enforcement
38agency having jurisdiction over the residence of the petitioner,
39and to any additional law enforcement agencies within the court’s
40discretion as are requested by the petitioner.

P59   1(3) Alternatively, the court or its designee shall transmit, within
2one business day, to law enforcement personnel all information
3required under subdivision (b) of Section 6380 of the Family Code
4regarding any order issued under this section, or a reissuance,
5extension, modification, or termination of the order, and any
6subsequent proof of service, by either one of the following methods:

7(A) Transmitting a physical copy of the order or proof of service
8to a local law enforcement agency authorized by the Department
9of Justice to enter orders into the California Law Enforcement
10Telecommunications System (CLETS).

11(B) With the approval of the Department of Justice, entering
12the order or proof of service into CLETS directly.

13(4) Each appropriate law enforcement agency shall make
14available information as to the existence and current status of
15these orders to law enforcement officers responding to the scene
16of reported abuse.

17(5) An order issued under this section shall, on request of the
18petitioner, be served on the respondent, whether or not the
19respondent has been taken into custody, by any law enforcement
20officer who is present at the scene of reported abuse involving the
21 parties to the proceeding. The petitioner shall provide the officer
22with an endorsed copy of the order and a proof of service, which
23the officer shall complete and send to the issuing court.

24(6) Upon receiving information at the scene of an incident of
25abuse that a protective order has been issued under this section,
26or that a person who has been taken into custody is the respondent
27to that order, if the protected person cannot produce an endorsed
28copy of the order, a law enforcement officer shall immediately
29attempt to verify the existence of the order.

30(7) If the law enforcement officer determines that a protective
31order has been issued, but not served, the officer shall immediately
32notify the respondent of the terms of the order and where a written
33copy of the order can be obtained, and the officer shall at that time
34also enforce the order. The law enforcement officer’s verbal notice
35of the terms of the order shall constitute service of the order and
36is sufficient notice for the purposes of this section and for the
37purposes of Section 273.6 of the Penal Code.

38(p) Nothing in this section shall preclude either party from
39representation by private counsel or from appearing on the party’s
40own behalf.

P60   1(q) There is no filing fee for a petition, response, or paper
2seeking the reissuance, modification, or enforcement of a protective
3order filed in a proceeding brought pursuant to this section.

4(r) Pursuant to paragraph (4) of subdivision (b) of Section
56103.2 of the Government Code, a petitioner shall not be required
6to pay a fee for law enforcement to serve an order issued under
7this section.

8(s) The prevailing party in an action brought under this section
9may be awarded court costs and attorney’s fees, if any.

10(t) (1)   A person subject to a protective order under this section
11shall not own, possess, purchase, receive, or attempt to receive a
12firearm or ammunition while the protective order is in effect.

13(2) The court shall order a person subject to a protective order
14issued under this section to relinquish any firearms he or she owns
15or possesses pursuant to Section 527.9 of the Code of Civil
16Procedure.

17(3) Every person who owns, possesses, purchases, or receives,
18or attempts to purchase or receive a firearm or ammunition while
19subject to a protective order issued under this section is punishable
20pursuant to Section 29825 of the Penal Code.

21(4) This subdivision does not apply in a case in which a
22protective order issued under this section was made solely on the
23basis of financial abuse unaccompanied by force, threat,
24harassment, intimidation, or any other form of abuse.

25(u) In a proceeding brought under paragraph (3) of subdivision
26(a), all of the following apply:

27(1) Upon the filing of a petition for a protective order, the elder
28or dependent adult on whose behalf the petition has been filed
29shall receive a copy of the petition, a notice of the hearing, and
30any declarations submitted in support of the petition. The elder or
31dependent adult shall receive this information at least five days
32before the hearing. The court may, on motion of the petitioner or
33on its own motion, shorten the time for provision of this information
34to the elder or dependent adult.

35(2) The adult protective services agency shall make reasonable
36efforts to assist the elder or dependent adult to attend the hearing
37and provide testimony to the court, if he or she wishes to do so. If
38the elder or dependent adult does not attend the hearing, the
39agency shall provide information to the court at the hearing
P61   1regarding the reasons why the elder or dependent adult is not in
2attendance.

3(3) Upon the filing of a petition for a protective order and upon
4issuance of an order granting the petition, the county adult
5protective services agency shall take all reasonable steps to provide
6for the safety of the elder or dependent adult, pursuant to Chapter
713 (commencing with Section 15750), which may include, but are
8not limited to, facilitating the location of alternative
9accommodations for the elder or dependent adult, if needed.

10(v) Any willful disobedience of any temporary restraining order
11or restraining order after hearing granted under this section is
12punishable pursuant to Section 273.6 of the Penal Code.

13(w) This section does not apply to any action or proceeding
14governed by Title 1.6C (commencing with Section 1788) of Part
154 of Division 3 of the Civil Code, Chapter 3 (commencing with
16Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
17or Division 10 (commencing with Section 6200) of the Family
18Code. Nothing in this section shall preclude a petitioner’s right
19to use other existing civil remedies.

20(x) The Judicial Council shall develop forms, instructions, and
21rules relating to matters governed by this section. The petition and
22response forms shall be simple and concise, and shall be used by
23parties in actions brought pursuant to this section.

24(y) This section shall become operative on July 1, 2016.

end insert
25begin insert

begin insertSEC. 3.4.end insert  

end insert

begin insertSection 15657.03 of the end insertbegin insertWelfare and Institutions
26Code
end insert
begin insert is amended to read:end insert

27

15657.03.  

(a) (1) An elder or dependent adult who has suffered
28begin delete abuseend deletebegin insert abuse,end insert as defined in Sectionbegin delete 15610.07end deletebegin insert 15610.07,end insert may seek
29protective orders as provided in this section.

30(2) A petition may be brought on behalf of an abused elder or
31dependent adult by a conservator or a trustee of the elder or
32dependent adult, an attorney-in-fact of an elder or dependent adult
33who acts within the authority ofbegin delete theend deletebegin insert aend insert power of attorney, a person
34appointed as a guardian ad litem for the elder or dependent adult,
35or other person legally authorized to seek such relief.

36(b) Forbegin delete theend delete purposes of this section:

37(1) “Conservator” means the legally appointed conservator of
38the person or estate of the petitioner, or both.

P62   1(2) “Petitioner” means the elder or dependent adult to be
2protected by the protective orders and, if the court grants the
3petition, the protected person.

4(3) “Protective order” means an order that includes any of the
5following restraining orders, whether issued ex parte, after notice
6and hearing, or in a judgment:

7(A) An order enjoining a party from abusing, intimidating,
8molesting, attacking, striking, stalking, threatening, sexually
9assaulting, battering, harassing, telephoning, including, but not
10limited to, making annoying telephone calls as described in Section
11653m of the Penal Code, destroying personal property, contacting,
12either directly or indirectly, by mail or otherwise, or coming within
13a specified distance of, or disturbing the peace of, the petitioner,
14and, in the discretion of the court, on a showing of good cause, of
15other named family or household members or a conservator, if
16any, of the petitioner.begin insert On a showing of good cause, in an order
17issued pursuant to this subparagraph in connection with an animal
18owned, possessed, leased, kept, or held by the petitioner, or
19residing in the residence or household of the petitioner, the court
20may do either or both of the following:end insert

begin insert

21(i) Grant the petitioner exclusive care, possession, or control
22of the animal.

end insert
begin insert

23(ii) Order the respondent to stay away from the animal and
24refrain from taking, transferring, encumbering, concealing,
25molesting, attacking, striking, threatening, harming, or otherwise
26disposing of the animal.

end insert

27(B) An order excluding a party from the petitioner’s residence
28or dwelling, except that this order shall not be issued if legal or
29equitable title to, or lease of, the residence or dwelling is in the
30sole name of the party to be excluded, or is in the name of the party
31to be excluded and any other party besides the petitioner.

32(C) An order enjoining a party from specified behavior that the
33court determines is necessary to effectuate orders described in
34subparagraph (A) or (B).

35(4) “Respondent” means the person against whom the protective
36orders are sought and, if the petition is granted, the restrained
37person.

38(c) An order may be issued under this section, with or without
39notice, to restrain any person for the purpose of preventing a
40recurrence of abuse, if a declaration shows, to the satisfaction of
P63   1the court, reasonable proof of a past act or acts of abuse of the
2petitioning elder or dependent adult.

3(d) Upon filing a petition for protective orders under this section,
4the petitioner may obtain a temporary restraining order in
5accordance with Section 527 of the Code of Civil Procedure, except
6to the extent this section provides a rule that is inconsistent. The
7temporary restraining order may include any of the protective
8orders described in paragraph (3) of subdivision (b). However, the
9court may issue an ex parte order excluding a party from the
10petitioner’s residence or dwelling only on a showing of all of the
11following:

12(1) Facts sufficient for the court to ascertain that the party who
13will stay in the dwelling has a right under color of law to possession
14of the premises.

15(2) That the party to be excluded has assaulted or threatens to
16assault the petitioner, other named family or household member
17of the petitioner, or a conservator of the petitioner.

18(3) That physical or emotional harm would otherwise result to
19the petitioner, other named family or household member of the
20petitioner, or a conservator of the petitioner.

21(e) A request for the issuance of a temporary restraining order
22without notice under this section shall be granted or denied on the
23same day that the petition is submitted to the court, unless the
24petition is filed too late in the day to permit effective review, in
25which case the order shall be granted or denied on the next day of
26judicial business in sufficient time for the order to be filed that day
27with the clerk of the court.

28(f) Within 21 days, or, if good cause appears to the court, 25
29days, from the date that a request for a temporary restraining order
30is granted or denied, a hearing shall be held on the petition. If no
31request for temporary orders is made, the hearing shall be held
32within 21 days, or, if good cause appears to the court, 25 days,
33from the date that the petition is filed.

34(g) The respondent may file a response that explains or denies
35the alleged abuse.

36(h) The court may issue, upon notice and a hearing, any of the
37orders set forth in paragraph (3) of subdivision (b). The court may
38issue, after notice and hearing, an order excluding a person from
39a residence or dwelling if the court finds that physical or emotional
40harm would otherwise result to the petitioner, other named family
P64   1or household member of the petitioner, or conservator of the
2petitioner.

3(i) (1) In the discretion of the court, an order issued after notice
4and a hearing under this section may have a duration of not more
5than five years, subject to termination or modification by further
6order of the court either on written stipulation filed with the court
7or on the motion of a party. These orders may be renewed upon
8the request of a party, either for five years or permanently, without
9a showing of any further abuse since the issuance of the original
10order, subject to termination or modification by further order of
11the court either on written stipulation filed with the court or on the
12motion of a party. The request for renewal may be brought at any
13time within the three months before the expiration of the order.

14(2) The failure to state the expiration date on the face of the
15form creates an order with a duration of three years from the date
16of issuance.

17(3) If an action is filed for the purpose of terminating or
18modifying a protective order prior to the expiration date specified
19in the order by a party other than the protected party, the party
20who is protected by the order shall be given notice, pursuant to
21subdivision (b) of Section 1005 of the Code of Civil Procedure,
22of the proceeding by personal service or, if the protected party has
23satisfied the requirements of Chapter 3.1 (commencing with
24Section 6205) of Division 7 of Title 1 of the Government Code,
25by service on the Secretary of State. If the party who is protected
26by the order cannot be notified prior to the hearing for modification
27or termination of the protective order, the court shall deny the
28motion to modify or terminate the order without prejudice or
29continue the hearing until the party who is protected can be
30properly noticed and may, upon a showing of good cause, specify
31another method for service of process that is reasonably designed
32to afford actual notice to the protected party. The protected party
33may waive his or her right to notice if he or she is physically
34present in court and does not challenge the sufficiency of the notice.

35(j) In a proceeding under this section, a support person may
36accompany a party in court and, if the party is not represented by
37an attorney, may sit with the party at the table that is generally
38reserved for the party and the party’s attorney. The support person
39is present to provide moral and emotional support for a person
40who alleges he or she is a victim of abuse. The support person is
P65   1not present as a legal adviser and may not provide legal advice.
2The support person may assist the person who alleges he or she is
3a victim of abuse in feeling more confident that he or she will not
4be injured or threatened by the other party during the proceedings
5if the person who alleges he or she is a victim of abuse and the
6other party are required to be present in close proximity. This
7subdivision does not preclude the court from exercising its
8discretion to remove the support person from the courtroom if the
9court believes the support person is prompting, swaying, or
10influencing the party assisted by the support person.

11(k) Upon the filing of a petition for protective orders under this
12section, the respondent shall be personally served with a copy of
13the petition, notice of the hearing or order to show cause, temporary
14restraining order, if any, and any declarations in support of the
15petition. Service shall be made at least five days before the hearing.
16The court may, on motion of the petitioner or on its own motion,
17shorten the time for service on the respondent.

18(l) A notice of hearing under this section shall notify the
19respondent that if he or she does not attend the hearing, the court
20may make orders against him or her that could last up to five years.

begin delete

21(m) (1) The court may, upon the filing of a declaration by the
22petitioner that the respondent could not be served within the time
23required by statute, reissue an order previously issued and dissolved
24by the court for failure to serve the respondent. The reissued order
25shall remain in effect until the date set for the hearing.

end delete
begin insert

26(m) The respondent shall be entitled, as a matter of course, to
27one continuance, for a reasonable period, to respond to the
28petition.

end insert
begin insert

29(n) (1) Either party may request a continuance of the hearing,
30which the court shall grant on a showing of good cause. The
31request may be made in writing before or at the hearing or orally
32at the hearing. The court may also grant a continuance on its own
33motion.

end insert
begin insert

34(2) If the court grants a continuance, any temporary restraining
35order that has been granted shall remain in effect until the end of
36the continued hearing, unless otherwise ordered by the court. In
37granting a continuance, the court may modify or terminate a
38temporary restraining order.

end insert
begin delete

39(2) The reissued order shall state on its face the date of
40expiration of the order.

end delete
begin delete

P66   1(n)

end delete

2begin insert(o)end insert (1) If a respondent, named in an order issued under this
3section after a hearing, has not been served personally with the
4order but has received actual notice of the existence and substance
5of the order through personal appearance in court to hear the terms
6of the order from the court, no additional proof of service is
7required for enforcement of the order.

8(2) If the respondent named in a temporary restraining order is
9personally served with the order and notice of hearing with respect
10to a restraining order or protective order based on the temporary
11restraining order, but the respondent does not appear at the hearing,
12either personally or by an attorney, and the terms and conditions
13of the restraining order or protective order issued at the hearing
14 are identical to the temporary restraining order, except for the
15duration of the order, then the restraining order or protective order
16issued at the hearing may be served on the respondent by first-class
17mail sent to the respondent at the most current address for the
18respondent that is available to the court.

19(3) The Judicial Council form for temporary orders issued
20pursuant to this subdivision shall contain a statement in
21substantially the following form:


23“If you have been personally served with a temporary restraining
24order and notice of hearing, but you do not appear at the hearing
25either in person or by a lawyer, and a restraining order that is the
26same as this temporary restraining order except for the expiration
27date is issued at the hearing, a copy of the order will be served on
28you by mail at the following address: ____.

29If that address is not correct or you wish to verify that the
30temporary restraining order was converted to a restraining order
31at the hearing without substantive change and to find out the
32duration of that order, contact the clerk of the court.”


begin delete

34(o)

end delete

35begin insert(p)end insert (1) Information onbegin delete anyend deletebegin insert aend insert protective order relating to elder
36or dependent adult abuse issued by a court pursuant to this section
37shall be transmitted to the Department of Justice in accordance
38with either paragraph (2) or (3).

39(2) The court shall order the petitioner or the attorney for the
40petitioner to deliver a copy of an order issued under this section,
P67   1or a reissuance, extension, modification, or termination of the
2order, and any subsequent proof of service, by the close of the
3business day on which the order, reissuance, extension,
4modification, or termination was made, to each law enforcement
5agency having jurisdiction over the residence of the petitioner, and
6to any additional law enforcement agencies within the court’s
7discretion as are requested by the petitioner.

8(3) Alternatively, the court or its designee shall transmit, within
9one business day, to law enforcement personnel all information
10required under subdivision (b) of Section 6380 of the Family Code
11regarding any order issued under this section, or a reissuance,
12extension, modification, or termination of the order, and any
13subsequent proof of service, by either one of the following
14methods:

15(A) Transmitting a physical copy of the order or proof of service
16to a local law enforcement agency authorized by the Department
17of Justice to enter orders into the California Law Enforcement
18Telecommunications System (CLETS).

19(B) With the approval of the Department of Justice, entering
20the order or proof of service into CLETS directly.

21(4) Each appropriate law enforcement agency shall make
22available information as to the existence and current status of these
23orders to law enforcement officers responding to the scene of
24 reported abuse.

25(5) An order issued under this section shall, on request of the
26petitioner, be served on the respondent, whether or not the
27respondent has been taken into custody, by any law enforcement
28officer who is present at the scene of reported abuse involving the
29parties to the proceeding. The petitioner shall provide the officer
30with an endorsed copy of the order and a proof of service, which
31the officer shall complete and send to the issuing court.

32(6) Upon receiving information at the scene of an incident of
33abuse that a protective order has been issued under this section,
34or that a person who has been taken into custody is the respondent
35to that order, if the protected person cannot produce an endorsed
36copy of the order, a law enforcement officer shall immediately
37attempt to verify the existence of the order.

38(7) If the law enforcement officer determines that a protective
39order has beenbegin delete issued,end deletebegin insert issuedend insert but not served, the officer shall
40immediately notify the respondent of the terms of the order and
P68   1where a written copy of the order can be obtained, and the officer
2shall at that time also enforce the order. The law enforcement
3officer’s verbal notice of the terms of the order shall constitute
4service of the order and is sufficient notice for the purposes of this
5section and for the purposes of Section 273.6 of the Penal Code.

begin delete

6(p)

end delete

7begin insert(q)end insert Nothing in this section shall preclude either party from
8representation by private counsel or from appearing on the party’s
9own behalf.

begin delete

10(q)

end delete

11begin insert(r)end insert There is no filing fee for a petition, response, or paper
12seeking the reissuance, modification, or enforcement of a protective
13order filed in a proceeding brought pursuant to this section.

begin delete

14(r)

end delete

15begin insert(s)end insert Pursuant to paragraph (4) of subdivision (b) of Section
166103.2 of the Government Code, a petitioner shall not be required
17to pay a fee for law enforcement to serve an order issued under
18this section.

begin delete

19(s)

end delete

20begin insert(t)end insert The prevailing party inbegin delete anyend deletebegin insert anend insert action brought under this
21section may be awarded court costs and attorney’s fees, if any.

begin delete

22(t)

end delete

23begin insert(u)end insert (1) A person subject to a protective order under this section
24shall not own, possess, purchase, receive, or attempt to receive a
25firearm or ammunition while the protective order is in effect.

26(2) The court shall order a person subject to a protective order
27issued under this section to relinquish any firearms he or she owns
28or possesses pursuant to Section 527.9 of the Code of Civil
29Procedure.

30(3) Every person who owns, possesses, purchases, or receives,
31or attempts to purchase or receive a firearm or ammunition while
32subject to a protective order issued under this section is punishable
33pursuant to Section 29825 of the Penal Code.

34(4) This subdivisionbegin delete shallend deletebegin insert doesend insert not apply in a case in whichbegin delete theend delete
35begin insert aend insert protective order issued under this section was made solely on
36the basis of financial abuse unaccompanied by force, threat,
37harassment, intimidation, or any other form of abuse.

begin delete

38(u)

end delete

P69   1begin insert(v)end insert Any willful disobedience of any temporary restraining order
2or restraining order after hearing granted under this section is
3punishable pursuant to Section 273.6 of the Penal Code.

begin delete

4(v)

end delete

5begin insert(w)end insert This section does not apply to any action or proceeding
6governed by Title 1.6C (commencing with Section 1788) of Part
74 of Division 3 of the Civil Code,begin delete byend delete Chapter 3 (commencing with
8Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
9orbegin delete byend delete Division 10 (commencing with Section 6200) of the Family
10Code. Nothing in this section shall preclude a petitioner’s right to
11use other existing civil remedies.

begin delete

12(w)

end delete

13begin insert(x)end insert The Judicial Council shall develop forms, instructions, and
14rules relating to matters governed by this section. The petition and
15response forms shall be simple and concise, and their use by parties
16in actions brought pursuant to this section shall be mandatory.

begin insert

17(y) This section shall become inoperative on July 1, 2016, and,
18as of January 1, 2017, is repealed, unless a later enacted statute,
19that becomes operative on or before January 1, 2017, deletes or
20extends the dates on which it becomes inoperative and is repealed.

end insert
21begin insert

begin insertSEC. 3.5.end insert  

end insert

begin insertSection 15657.03 is added to the end insertbegin insertWelfare and
22Institutions Code
end insert
begin insert, to read:end insert

begin insert
23

begin insert15657.03.end insert  

(a) (1)   An elder or dependent adult who has suffered
24abuse, as defined in Section 15610.07, may seek protective orders
25as provided in this section.

26(2) A petition may be brought on behalf of an abused elder or
27dependent adult by a conservator or a trustee of the elder or
28dependent adult, an attorney-in-fact of an elder or dependent adult
29who acts within the authority of a power of attorney, a person
30appointed as a guardian ad litem for the elder or dependent adult,
31or other person legally authorized to seek the relief.

32(3) (A)   A petition under this section may be brought on behalf
33of an elder or dependent adult by a county adult protective services
34agency in either of the following circumstances:

35(i) If the elder or dependent adult has suffered abuse as defined
36in subdivision (b) and has an impaired ability to appreciate and
37understand the circumstances that place him or her at risk of harm.

38(ii) If the elder or dependent adult has provided written
39authorization to a county adult protective services agency to act
40on his or her behalf.

P70   1(B) In the case of a petition filed pursuant to clause (i) of
2subparagraph (A) by a county adult protective services agency, a
3referral shall be made to the public guardian consistent with
4Section 2920 of the Probate Code prior to or concurrent with the
5filing of the petition, unless a petition for appointment of a
6conservator has already been filed with the probate court by the
7public guardian or another party.

8(C) A county adult protective services agency shall be subject
9to any confidentiality restrictions that otherwise apply to its
10activities under law and shall disclose only those facts as necessary
11to establish reasonable cause for the filing of the petition,
12including, in the case of a petition filed pursuant to clause (i) of
13subparagraph (A), to establish the agency’s belief that the elder
14or dependent adult has suffered abuse and has an impaired ability
15to appreciate and understand the circumstances that place him or
16her at risk, and as may be requested by the court in determining
17whether to issue an order under this section.

18(b) For purposes of this section:

19(1) “Abuse” has the meaning set forth in Section 15610.07.

20(2) “Conservator” means the legally appointed conservator of
21the person or estate of the petitioner, or both.

22(3) “Petitioner” means the elder or dependent adult to be
23protected by the protective orders and, if the court grants the
24petition, the protected person.

25(4) “Protective order” means an order that includes any of the
26following restraining orders, whether issued ex parte, after notice
27and hearing, or in a judgment:

28(A) An order enjoining a party from abusing, intimidating,
29molesting, attacking, striking, stalking, threatening, sexually
30assaulting, battering, harassing, telephoning, including, but not
31limited to, making annoying telephone calls as described in Section
32653m of the Penal Code, destroying personal property, contacting,
33either directly or indirectly, by mail or otherwise, or coming within
34a specified distance of, or disturbing the peace of, the petitioner,
35and, in the discretion of the court, on a showing of good cause, of
36other named family or household members or a conservator, if
37any, of the petitioner. On a showing of good cause, in an order
38issued pursuant to this subparagraph in connection with an animal
39owned, possessed, leased, kept, or held by the petitioner, or
P71   1residing in the residence or household of the petitioner, the court
2may do either or both of the following:

3(i) Grant the petitioner exclusive care, possession, or control
4of the animal.

5(ii) Order the respondent to stay away from the animal and
6refrain from taking, transferring, encumbering, concealing,
7molesting, attacking, striking, threatening, harming, or otherwise
8disposing of the animal.

9(B) An order excluding a party from the petitioner’s residence
10or dwelling, except that this order shall not be issued if legal or
11equitable title to, or lease of, the residence or dwelling is in the
12sole name of the party to be excluded, or is in the name of the party
13to be excluded and any other party besides the petitioner.

14(C) An order enjoining a party from specified behavior that the
15court determines is necessary to effectuate orders described in
16subparagraph (A) or (B).

17(5) “Respondent” means the person against whom the protective
18orders are sought and, if the petition is granted, the restrained
19person.

20(c) An order may be issued under this section, with or without
21notice, to restrain any person for the purpose of preventing a
22recurrence of abuse, if a declaration shows, to the satisfaction of
23the court, reasonable proof of a past act or acts of abuse of the
24petitioning elder or dependent adult.

25(d) Upon filing a petition for protective orders under this
26section, the petitioner may obtain a temporary restraining order
27in accordance with Section 527 of the Code of Civil Procedure,
28except to the extent this section provides a rule that is inconsistent.
29The temporary restraining order may include any of the protective
30orders described in paragraph (4) of subdivision (b). However,
31the court may issue an ex parte order excluding a party from the
32petitioner’s residence or dwelling only on a showing of all of the
33following:

34(1) Facts sufficient for the court to ascertain that the party who
35will stay in the dwelling has a right under color of law to
36possession of the premises.

37(2) That the party to be excluded has assaulted or threatens to
38assault the petitioner, other named family or household member
39of the petitioner, or a conservator of the petitioner.

P72   1(3) That physical or emotional harm would otherwise result to
2the petitioner, other named family or household member of the
3petitioner, or a conservator of the petitioner.

4(e) A request for the issuance of a temporary restraining order
5without notice under this section shall be granted or denied on the
6same day that the petition is submitted to the court, unless the
7petition is filed too late in the day to permit effective review, in
8which case the order shall be granted or denied on the next day
9of judicial business in sufficient time for the order to be filed that
10day with the clerk of the court.

11(f) Within 21 days, or, if good cause appears to the court, 25
12days, from the date that a request for a temporary restraining
13order is granted or denied, a hearing shall be held on the petition.
14If no request for temporary orders is made, the hearing shall be
15held within 21 days, or, if good cause appears to the court, 25
16days, from the date that the petition is filed.

17(g) The respondent may file a response that explains or denies
18the alleged abuse.

19(h) The court may issue, upon notice and a hearing, any of the
20orders set forth in paragraph (4) of subdivision (b). The court may
21issue, after notice and hearing, an order excluding a person from
22a residence or dwelling if the court finds that physical or emotional
23harm would otherwise result to the petitioner, other named family
24or household member of the petitioner, or conservator of the
25petitioner.

26(i) (1)   In the discretion of the court, an order issued after notice
27and a hearing under this section may have a duration of not more
28than five years, subject to termination or modification by further
29order of the court either on written stipulation filed with the court
30or on the motion of a party. These orders may be renewed upon
31the request of a party, either for five years or permanently, without
32a showing of any further abuse since the issuance of the original
33order, subject to termination or modification by further order of
34the court either on written stipulation filed with the court or on
35the motion of a party. The request for renewal may be brought at
36any time within the three months before the expiration of the order.

37(2) The failure to state the expiration date on the face of the
38form creates an order with a duration of three years from the date
39of issuance.

P73   1(3) If an action is filed for the purpose of terminating or
2modifying a protective order prior to the expiration date specified
3in the order by a party other than the protected party, the party
4who is protected by the order shall be given notice, pursuant to
5subdivision (b) of Section 1005 of the Code of Civil Procedure, of
6the proceeding by personal service or, if the protected party has
7satisfied the requirements of Chapter 3.1 (commencing with Section
86205) of Division 7 of Title 1 of the Government Code, by service
9on the Secretary of State. If the party who is protected by the order
10cannot be notified prior to the hearing for modification or
11termination of the protective order, the court shall deny the motion
12to modify or terminate the order without prejudice or continue the
13hearing until the party who is protected can be properly noticed
14and may, upon a showing of good cause, specify another method
15for service of process that is reasonably designed to afford actual
16notice to the protected party. The protected party may waive his
17or her right to notice if he or she is physically present in court and
18does not challenge the sufficiency of the notice.

19(j) In a proceeding under this section, a support person may
20accompany a party in court and, if the party is not represented by
21an attorney, may sit with the party at the table that is generally
22reserved for the party and the party’s attorney. The support person
23is present to provide moral and emotional support for a person
24who alleges he or she is a victim of abuse. The support person is
25not present as a legal adviser and may not provide legal advice.
26The support person may assist the person who alleges he or she
27is a victim of abuse in feeling more confident that he or she will
28not be injured or threatened by the other party during the
29proceedings if the person who alleges he or she is a victim of abuse
30and the other party are required to be present in close proximity.
31This subdivision does not preclude the court from exercising its
32discretion to remove the support person from the courtroom if the
33court believes the support person is prompting, swaying, or
34influencing the party assisted by the support person.

35(k) Upon the filing of a petition for protective orders under this
36section, the respondent shall be personally served with a copy of
37the petition, notice of the hearing or order to show cause,
38temporary restraining order, if any, and any declarations in
39support of the petition. Service shall be made at least five days
P74   1before the hearing. The court may, on motion of the petitioner or
2on its own motion, shorten the time for service on the respondent.

3(l) A notice of hearing under this section shall notify the
4respondent that if he or she does not attend the hearing, the court
5may make orders against him or her that could last up to five years.

6(m) The respondent shall be entitled, as a matter of course, to
7one continuance, for a reasonable period, to respond to the
8petition.

9(n) (1) Either party may request a continuance of the hearing,
10which the court shall grant on a showing of good cause. The
11request may be made in writing before or at the hearing or orally
12at the hearing. The court may also grant a continuance on its own
13motion.

14(2) If the court grants a continuance, any temporary restraining
15order that has been granted shall remain in effect until the end of
16the continued hearing, unless otherwise ordered by the court. In
17granting a continuance, the court may modify or terminate a
18temporary restraining order.

19(o) (1)   If a respondent, named in an order issued under this
20section after a hearing, has not been served personally with the
21order but has received actual notice of the existence and substance
22of the order through personal appearance in court to hear the
23terms of the order from the court, no additional proof of service
24is required for enforcement of the order.

25(2) If the respondent named in a temporary restraining order
26is personally served with the order and notice of hearing with
27respect to a restraining order or protective order based on the
28temporary restraining order, but the respondent does not appear
29at the hearing, either personally or by an attorney, and the terms
30and conditions of the restraining order or protective order issued
31at the hearing are identical to the temporary restraining order,
32except for the duration of the order, then the restraining order or
33protective order issued at the hearing may be served on the
34respondent by first-class mail sent to the respondent at the most
35current address for the respondent that is available to the court.

36(3) The Judicial Council form for temporary orders issued
37pursuant to this subdivision shall contain a statement in
38substantially the following form:

39“If you have been personally served with a temporary restraining
40order and notice of hearing, but you do not appear at the hearing
P75   1 either in person or by a lawyer, and a restraining order that is the
2same as this temporary restraining order except for the expiration
3date is issued at the hearing, a copy of the order will be served on
4you by mail at the following address:

5If that address is not correct or you wish to verify that the
6temporary restraining order was converted to a restraining order
7at the hearing without substantive change and to find out the
8duration of that order, contact the clerk of the court.”

9(p) (1)   Information on a protective order relating to elder or
10dependent adult abuse issued by a court pursuant to this section
11shall be transmitted to the Department of Justice in accordance
12with either paragraph (2) or (3).

13(2) The court shall order the petitioner or the attorney for the
14petitioner to deliver a copy of an order issued under this section,
15or a reissuance, extension, modification, or termination of the
16order, and any subsequent proof of service, by the close of the
17business day on which the order, reissuance, extension,
18modification, or termination was made, to each law enforcement
19agency having jurisdiction over the residence of the petitioner,
20and to any additional law enforcement agencies within the court’s
21discretion as are requested by the petitioner.

22(3) Alternatively, the court or its designee shall transmit, within
23one business day, to law enforcement personnel all information
24required under subdivision (b) of Section 6380 of the Family Code
25regarding any order issued under this section, or a reissuance,
26extension, modification, or termination of the order, and any
27subsequent proof of service, by either one of the following methods:

28(A) Transmitting a physical copy of the order or proof of service
29to a local law enforcement agency authorized by the Department
30of Justice to enter orders into the California Law Enforcement
31Telecommunications System (CLETS).

32(B) With the approval of the Department of Justice, entering
33the order or proof of service into CLETS directly.

34(4) Each appropriate law enforcement agency shall make
35available information as to the existence and current status of
36these orders to law enforcement officers responding to the scene
37of reported abuse.

38(5) An order issued under this section shall, on request of the
39petitioner, be served on the respondent, whether or not the
40respondent has been taken into custody, by any law enforcement
P76   1officer who is present at the scene of reported abuse involving the
2parties to the proceeding. The petitioner shall provide the officer
3with an endorsed copy of the order and a proof of service, which
4the officer shall complete and send to the issuing court.

5(6) Upon receiving information at the scene of an incident of
6abuse that a protective order has been issued under this section,
7or that a person who has been taken into custody is the respondent
8to that order, if the protected person cannot produce an endorsed
9copy of the order, a law enforcement officer shall immediately
10attempt to verify the existence of the order.

11(7) If the law enforcement officer determines that a protective
12order has been issued but not served, the officer shall immediately
13notify the respondent of the terms of the order and where a written
14copy of the order can be obtained, and the officer shall at that time
15also enforce the order. The law enforcement officer’s verbal notice
16of the terms of the order shall constitute service of the order and
17is sufficient notice for the purposes of this section and for the
18purposes of Section 273.6 of the Penal Code.

19(q) Nothing in this section shall preclude either party from
20representation by private counsel or from appearing on the party’s
21own behalf.

22(r) There is no filing fee for a petition, response, or paper
23seeking the reissuance, modification, or enforcement of a protective
24order filed in a proceeding brought pursuant to this section.

25(s) Pursuant to paragraph (4) of subdivision (b) of Section
266103.2 of the Government Code, a petitioner shall not be required
27to pay a fee for law enforcement to serve an order issued under
28this section.

29(t) The prevailing party in an action brought under this section
30may be awarded court costs and attorney’s fees, if any.

31(u) (1)   A person subject to a protective order under this section
32shall not own, possess, purchase, receive, or attempt to receive a
33firearm or ammunition while the protective order is in effect.

34(2) The court shall order a person subject to a protective order
35issued under this section to relinquish any firearms he or she owns
36or possesses pursuant to Section 527.9 of the Code of Civil
37Procedure.

38(3) Every person who owns, possesses, purchases, or receives,
39or attempts to purchase or receive a firearm or ammunition while
P77   1subject to a protective order issued under this section is punishable
2pursuant to Section 29825 of the Penal Code.

3(4) This subdivision does not apply in a case in which a
4protective order issued under this section was made solely on the
5basis of financial abuse unaccompanied by force, threat,
6harassment, intimidation, or any other form of abuse.

7(v) In a proceeding brought under paragraph (3) of subdivision
8(a), all of the following apply:

9(1) Upon the filing of a petition for a protective order, the elder
10or dependent adult on whose behalf the petition has been filed
11shall receive a copy of the petition, a notice of the hearing, and
12any declarations submitted in support of the petition. The elder or
13dependent adult shall receive this information at least five days
14before the hearing. The court may, on motion of the petitioner or
15on its own motion, shorten the time for provision of this information
16to the elder or dependent adult.

17(2) The adult protective services agency shall make reasonable
18efforts to assist the elder or dependent adult to attend the hearing
19and provide testimony to the court, if he or she wishes to do so. If
20the elder or dependent adult does not attend the hearing, the
21agency shall provide information to the court at the hearing
22regarding the reasons why the elder or dependent adult is not in
23attendance.

24(3) Upon the filing of a petition for a protective order and upon
25issuance of an order granting the petition, the county adult
26protective services agency shall take all reasonable steps to provide
27for the safety of the elder or dependent adult, pursuant to Chapter
2813 (commencing with Section 15750), which may include, but are
29not limited to, facilitating the location of alternative
30accommodations for the elder or dependent adult, if needed.

31(w) Any willful disobedience of any temporary restraining order
32or restraining order after hearing granted under this section is
33punishable pursuant to Section 273.6 of the Penal Code.

34(x) This section does not apply to any action or proceeding
35governed by Title 1.6C (commencing with Section 1788) of Part
364 of Division 3 of the Civil Code, Chapter 3 (commencing with
37Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
38or Division 10 (commencing with Section 6200) of the Family
39Code. Nothing in this section shall preclude a petitioner’s right
40to use other existing civil remedies.

P78   1(y) The Judicial Council shall develop forms, instructions, and
2rules relating to matters governed by this section. The petition and
3response forms shall be simple and concise, and shall be used by
4parties in actions brought pursuant to this section.

5(z) This section shall become operative on July 1, 2016.

end insert
6begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

(a) Section 1.5 of this bill incorporates amendments
7to Section 527.6 of the Code of Civil Procedure proposed by both
8this bill and Assembly Bill 1081. It shall only become operative if
9(1) both bills are enacted and become effective on or before
10January 1, 2016, (2) each bill amends Section 527.6 of the Code
11of Civil Procedure, and (3) this bill is enacted after Assembly Bill
121081, in which case Section 1 of this bill shall not become
13operative.

end insert
begin insert

14(b) Section 2.5 of this bill incorporates amendments to Section
15213.5 of the Welfare and Institutions Code proposed by both this
16bill and Assembly Bill 1081. It shall only become operative if (1)
17both bills are enacted and become effective on or before January
181, 2016, (2) each bill amends Section 213.5 of the Welfare and
19Institutions Code, and (3) this bill is enacted after Assembly Bill
201081, in which case Section 2 of this bill shall not become
21operative.

end insert
begin insert

22(c) Section 3.1 of this bill incorporates amendments to Section
2315657.03 of the Welfare and Institutions Code proposed by both
24this bill and Assembly Bill 1081. It shall only become operative if
25(1) both bills are enacted and become effective on or before
26January 1, 2016, (2) each bill amends Section 15657.03 of the
27Welfare and Institutions Code, and (3) Senate Bill 196 is not
28enacted or as enacted does not amend that section, and (4) this
29bill is enacted after Assembly Bill 1081, in which case Sections 3,
303.2, 3.3, 3.4, and 3.5 of this bill shall not become operative.

end insert
begin insert

31(d) Sections 3.2 and 3.3 of this bill incorporate amendments to
32Section 15657.03 of the Welfare and Institutions Code proposed
33by both this bill and Senate Bill 196. They shall only become
34operative if (1) both bills are enacted and become effective on or
35before January 1, 2016, (2) each bill amends Section 15657.03 of
36the Welfare and Institutions Code, and (3) Assembly Bill 1081 is
37not enacted or as enacted does not amend that section, and (4)
38this bill is enacted after Senate Bill 196, in which case Sections 3,
393.1, 3.4, and 3.5 of this bill shall not become operative.

end insert
begin insert

P79   1(e) Sections 3.4 and 3.5 of this bill incorporate amendments to
2Section 15657.03 of the Welfare and Institutions Code proposed
3by this bill, Assembly Bill 1081, and Senate Bill 196. They shall
4only become operative if (1) all three bills are enacted and become
5effective on or before January 1, 2016, (2) all three bills amend
6Section 15657.03 of the Welfare and Institutions Code, and (3)
7this bill is enacted after Assembly Bill 1081 and Senate Bill 196,
8in which case Sections 3, 3.1, 3.2, and 3.3 of this bill shall not
9become operative.

end insert


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