Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 536

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 amended, 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 begin delete Council end delete begin insert Council, by July 1, 2016, end insert to begin delete include on the forms used to respond to a request for a restraining order a specified statement. end delete begin insert modify forms as necessary to provide notice of this information. end insert

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 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. begin delete The end delete begin insert By July 1, 2016, the end insert Judicial Council
shall begin delete 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. end delete begin insert modify forms as necessary to provide
notice of this information. end insert

(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.