BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 494| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 494 Author: Maienschein (R) Amended: 8/17/15 in Senate Vote: 21 SENATE JUDICIARY COMMITTEE: 7-0, 6/9/15 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: Author 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. Senate Floor Amendments of 8/17/15 replace the term "injunction" with "order after hearing," thereby reflecting the current terminology employed by the courts. The amendments also add AB 494 Page 2 language to avoid chaptering out issues in the event that both this bill and AB 1081 (Quirk) and SB 196 (Hancock) are enacted. ANALYSIS: Existing law: 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).) AB 494 Page 3 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 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 AB 494 Page 4 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 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 AB 494 Page 5 who have been removed from their homes because of abuse or neglect, often require protection from the court. 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: (Verified8/17/15) Executive Committee of the Family Law Section of the State Bar (source) American Society for the Prevention of Cruelty to Animals California District Attorneys Association California Animal Control Directors Association California Partnership to End Domestic Violence City and County of San Francisco Humane Society of the United States OPPOSITION: (Verified8/17/15) None received ARGUMENTS IN SUPPORT: The Executive Committee of the Family Law Section of the State Bar, sponsor of this bill, writes: There are currently several other types of restraining orders issued to protect children or adults who are abused or stalked that do not allow for the protection of pets. Civil harassment orders are often used to protect victims of stalking or sexual assault when the person stalking them is not an intimate AB 494 Page 6 partner. Restraining orders in juvenile dependency cases are used to protect children or parents who are abused by the other parent. Elder and dependent abuse restraining orders can be used to protect elders and dependent adults from abuse by a caretaker or non-family member. The pets of protected parties in those cases are as much at risk as pets in Domestic Violence Prevention Act cases. This bill will extend protections to companion animals of protected parties in restraining orders issued in juvenile dependency and delinquency cases (Welfare & Institutions Code Section 213.5), civil harassment cases (Civil Procedure Section 527.6(b)(6)), and Elder Abuse cases (Welfare & Institutions Code Section 15657.03). This bill will bring all types of restraining orders in alignment with the protections provided pursuant to the Domestic Violence Prevention Act. Both pets and their abused guardians will be safer if pet protections can be expanded to these other categories of restraining orders. 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 8/20/15 14:16:33 AB 494 Page 7 **** END ****