AB 536, as introduced, Bloom. Domestic violence: protective orders.
The Domestic Violence Protection Act authorizes a judicial officer to issue a protective order after notice and a hearing for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and ensuring a period of separation of the persons involved in the domestic violence. The act defines domestic violence as abuse perpetrated against specified persons, and further defines abuse within that context. Existing law authorizes the court to issue a mutual order enjoining the parties from specific acts of abuse if both parties personally appear, each party presents written evidence of abuse or domestic violence, and the court makes detailed findings of fact indicating that both parties acted as a primary aggressor and that neither party acted primarily in self-defense.
This bill would require each party to present written evidence of abuse or domestic violence on an application for relief using a mandatory Judicial Council restraining order application form, and would specify, for these purposes, written evidence of abuse or domestic violence in a responsive pleading does not satisfy the party’s obligation to present written evidence of abuse or domestic violence. The bill would require the Judicial Council to include on the forms used to respond to a request for a restraining order a specified statement.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 6305 of the Family Code is amended to
2read:
(a) The court shall not issue a mutual order enjoining
4the parties from specific acts of abuse described in Section 6320
5unless both of the following apply:
6(1) Both parties personally appear and each party presents
7written evidence of abuse or domesticbegin delete violence.end deletebegin insert violence in an
8application for relief using a mandatory Judicial Council
9restraining order application form. end insertbegin insertFor purposes of this paragraph,
10written evidence of abuse or domestic violence in a responsive
11pleading does not satisfy the
party’s obligation to present written
12evidence of abuse or domestic violence. The Judicial Council shall
13include on the forms used to respond to a request for a restraining
14order a statement informing the party that he or she shall not use
15this form to request a domestic violence restraining order against
16the other party.end insert
17(2) The court makes detailed findings of fact indicating that
18both parties acted as a primary aggressor and that neither party
19acted primarily in self-defense.
20(b) For purposes of subdivision (a), in determining if both parties
21acted primarily as aggressors, the court shall consider the
22provisions concerning dominant aggressors set forth in paragraph
23(3) of subdivision (c) of Section 836 of the Penal Code.
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