BILL NUMBER: AB 536	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 23, 2015

   An act to amend Section 6305 of the Family Code, relating to
domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 6305 of the Family Code is amended to read:
   6305.  (a) The court shall not issue a mutual order enjoining the
parties from specific acts of abuse described in Section 6320 unless
both of the following apply:
   (1) Both parties personally appear and each party presents written
evidence of abuse or domestic  violence.  
violence in an application for relief using a mandatory Judicial
Council restraining order application form.   For purposes
of this paragraph, 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 Judicial Council shall include on the forms used to respond to a
request for a restraining order a statement informing the party that
he or she shall not use this form to request a domestic violence
restraining order against the other party. 
   (2) 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.
   (b) For purposes of subdivision (a), in determining if both
parties acted primarily as aggressors, the court shall consider the
provisions concerning dominant aggressors set forth in paragraph (3)
of subdivision (c) of Section 836 of the Penal Code.