BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 494|
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THIRD READING
Bill No: AB 494
Author: Maienschein (R), et al.
Amended: 5/18/15 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 7-0, 6/09/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
ASSEMBLY FLOOR: 79-0, 4/16/15 - See last page for vote
SUBJECT: Restraining orders: protection of animals
SOURCE: Executive Committee of the Family Law Section of the
State Bar
DIGEST: This bill authorizes the court, on a showing of good
cause, to include in a civil protective or restraining order, as
specified, an order 1) granting the petitioner exclusive care,
possession, or control of an animal that is held by a person
protected by a restraining order, or that resides in the same
residence as a person protected by a restraining order; and 2)
instructing the respondent or restrained person to stay away
from the animal, and refrain from taking or harming the animal,
as specified.
ANALYSIS:
Existing law:
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1)Establishes the Domestic Violence Prevention Act, and
authorizes a court to issue an ex parte domestic violence
protective order enjoining a party from molesting, attacking,
striking, stalking, threatening, sexually assaulting,
battering, harassing, telephoning, destroying personal
property, and other specified behaviors. (Fam. Code Sec. 6200
et seq.)
2)Provides that a domestic violence protective order may
include, among other things, orders excluding a party from a
residence, enjoining a party from specific behavior,
determining temporary custody and visitation rights,
determining the temporary use of property, and restraining a
party from specific acts to the parties' community, separate
and quasi-community property. (Fam. Code Secs. 6321-25.)
3)Authorizes a court to issue protective orders ex parte and/or
after a noticed motion and a hearing. (Fam. Code Secs. 6320,
6340.)
4)Authorizes a court, upon a showing of good cause, to include
in a domestic violence prevention order, a grant to the
petitioner of the exclusive care, possession, or control of
any animal owned, possessed, leased, kept, or held by either
the petitioner, respondent, household, or minor child in the
residence. Existing law further allows the court to order the
respondent to stay away from the animal and forbid the
respondent from taking, transferring, encumbering, concealing,
molesting, attacking, striking, threatening, harming, or
otherwise disposing of the animal. (Fam. Code Sec. 6320(b).)
5)Permits a person who has suffered civil harassment to seek a
temporary restraining order or an injunction prohibiting the
civil harassment. (Code Civ. Proc. Sec. 527.6 (a).)
6)Defines "harassment" as unlawful violence, a credible threat
of violence, or a knowing and willful course of conduct
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directed at a specific person that seriously alarms, annoys,
or harasses the person and serves no legitimate purpose.
(Code Civ. Proc. Sec. 527.6 (b)(3).)
7)Defines "temporary restraining order" and "injunction" to mean
orders that include any restraining order enjoining a party
from harassing, intimidating, molesting, attacking, striking,
stalking, threatening, sexually assaulting, battering,
abusing, telephoning, including but not limited to, making
annoying telephone calls, destroying personal property,
contacting either directly or indirectly, by mail or
otherwise, or coming within a specified distance of, or
disturbing the peace of, the petitioner, or any order
enjoining a party from specified behavior that is necessary to
effectuate such restraint. (Code Civ. Proc. Sec. 527.6
(b)(6).)
8)Allows a juvenile court to issue a protective order on behalf
of a dependent child or a ward of the state for a duration of
up to three years. (Welf. & Inst. Code Sec. 213.5.)
9)Allows a court to issue a protective order on behalf of an
elder or dependent adult for a duration of up to three years.
(Welf. & Inst. Code Sec. 15657.03.)
This bill allows a court, on a showing of good cause, to include
in a protective order on behalf of a dependent adult, elder,
juvenile dependent or ward, or a protective order prohibiting
harassment, the following:
1)an order for exclusive care, possession, or control of any
animal owned, possessed, leased, kept, or held by the
petitioner, or residing in the residence or household of the
person protected by the restraining order; and/or
2)an order to the respondent or person being restrained to stay
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away from the animal and refrain from taking, transferring,
encumbering, concealing, molesting, attacking, striking,
threatening, harming, or otherwise disposing of the animal.
Background
In response to news articles describing the use of pets by
abusers to control their victims, such as threatening to hurt an
animal if a victim were to leave an abusive situation, the
Legislature enacted AB 353 (Kuehl, Chapter 205, Statutes of
2007) which authorized courts to include protections for animals
in domestic violence restraining orders. Domestic violence
refers to abuse perpetrated against a spouse, former spouse,
cohabitant or former cohabitant, or a person with whom the
alleged abuser is having or has had a dating relationship, or a
child of the alleged abuser. (Fam. Code Sec. 6211.)
However, there are many relationships outside a "domestic"
situation where individuals may seek a protective order from the
court. Stalking, for example, is a crime of power and control.
Stalking is defined as "a course of conduct directed at a
specific person that involves repeated visual or physical
proximity, nonconsensual communication, or verbal, written, or
implied threats, or a combination thereof, that would cause a
reasonable person fear." (Tjaden, Patricia and Nancy Thoennes.
Stalking in America: Findings From the National Violence Against
Women Survey. Washington, DC: U.S. Department of Justice,
National Institute of Justice, 1998, NCJ 169592.U.S.) Stalking
may also include leaving or sending the victim unwanted items or
presents, following or lying in wait for the victim, damaging or
threatening to damage the victim's property, or otherwise
harassing the victim. Elders and dependent adults are also
vulnerable to abuse, both physical and financial, from
caretakers, family, and others who wish to abuse and/or extort a
vulnerable adult. Finally, juvenile dependents and wards, many
who have been removed from their homes because of abuse or
neglect, often require protection from the court.
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This bill, seeking to protect individuals outside of domestic
violence situations who may seek protective orders, expressly
authorizes the court to include animals in those restraining
orders.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified6/11/15)
Executive Committee of the Family Law Section of the State Bar
(source)
American Society for the Prevention of Cruelty to Animals
California Animal Control Directors Association
California District Attorneys Association
California Partnership to End Domestic Violence
City and County of San Francisco
Humane Society of the United States
State Humane Association of California
One individual
OPPOSITION: (Verified6/11/15)
None received
ARGUMENTS IN SUPPORT: According to the author:
In 2007, the Domestic Violence Prevention Act was amended to
enable courts to add protection for companion animals in
domestic violence restraining orders. However, the companion
animal section of the Act does not apply to all forms of
restraining orders. AB 494 will extend protections to
companion animals of protected parties in restraining orders
issued in juvenile dependency cases, civil harassment cases,
and Elder Abuse cases. Civil harassment orders are often
utilized by persons who are being stalked or were sexually
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assaulted by a non-intimate partner, or by persons who are
being harassed by a neighbor. These individuals may have pets
that also need protection from the person to be restrained.
ASSEMBLY FLOOR: 79-0, 4/16/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Rendon, Ridley-Thomas, Rodriguez, Salas,
Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,
Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Quirk
Prepared by:Nichole Rapier / JUD. / (916) 651-4113
6/22/15 10:55:50
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