BILL ANALYSIS                                                                                                                                                                                                    Ó




           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                       AB 1081|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                      CONSENT 


          Bill No:  AB 1081
          Author:   Quirk (D)
          Amended:  6/25/15 in Senate
          Vote:     21  

           SENATE JUDICIARY COMMITTEE:  7-0, 6/23/15
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           ASSEMBLY FLOOR:  78-0, 5/14/15 - See last page for vote

           SUBJECT:   Protective orders


          SOURCE:    Judicial Council of California


          DIGEST:  This bill allows either party to request a continuance  
          of a hearing on a temporary restraining order (TRO), as  
          specified, which the court would be required to grant on a  
          showing of good cause, and additionally authorizes the court to  
          grant a continuance on its own motion. This bill, upon granting  
          a continuance, requires that any TRO that had previously been  
          granted remain in effect until the conclusion of the continued  
          hearing, and authorizes the court to modify or terminate that  
          TRO.

          ANALYSIS:   


          Existing law:


          1)Provides that a court may issue a TRO for civil harassment,  
            workplace violence, postsecondary education violence, juvenile  








                                                                    AB 1081  
                                                                    Page  2



            abuse, elder or dependent adult abuse, and domestic violence  
            prevention, as specified.  (Code Civ. Proc. Secs. 527.6(d),  
            527.8(e), 527.85(e); Welf. & Inst. Code Secs. 213.5(e),  
            15657.03(c); and Fam. Code Secs. 241, 6220, 6300 et seq.)


          2)Provides that a court may grant a TRO in a dissolution, legal  
            separation, or child support proceeding, as specified.  (Fam.  
            Code Secs. 240, 2045, 4620.)


          3)Provides that a request for a TRO shall be granted or denied  
            on the same day that the petition is submitted to the court,  
            unless the petition is filed too late in the day to permit  
            effective review.  (Code Civ. Proc. Secs. 527.6(e), 527.8(f),  
            527.85(f); Welf. & Inst. Code Sec. 15657.03(e); and Fam. Code  
            Sec. 246.)


          4)Provides that a TRO issued for civil harassment, workplace  
            violence, or postsecondary education violence shall remain in  
            effect, at the court's discretion, for a period not to exceed  
            21 days, or, if the court extends the time for hearing, not to  
            exceed 25 days, unless otherwise modified or terminated by the  
            court.  (Code Civ. Proc. Secs. 527.6(g), 527.8(g); and  
            527.85(g).)


          5)Provides that within 21 days, or if good cause appears to the  
            court, 25 days, from the date that a request for a TRO for  
            elder or dependent adult abuse, or domestic violence is  
            granted or denied, a hearing shall be held on the petition.   
            (Welf. & Inst. Code Secs. 213.5, 15657.03(f); and Fam. Code  
            Sec. 242.)


          6)Provides that after a petition has been filed, the respondent  
            shall be personally served with a copy of the petition, TRO,  
            if any, and notice of hearing of the petition, and that the  
            court may, for good cause, either on a motion of the  
            petitioner or on its own motion, shorten the time for service  
            on the respondent.  (Code Civ. Proc. Secs.  527.6(m),  








                                                                    AB 1081  
                                                                    Page  3



            527.8(m), 527.85(m); Welf. & Inst. Code Sec.15657.03(k); and  
            Fam. Code Sec. 243.)


          7)Provides that a court may, upon the filing of a declaration by  
            the petitioner that the respondent could not be served within  
            the time required by statute, reissue an order previously  
            issued and dissolved by the court for failure to serve the  
            respondent.  If reissued, the order shall remain in effect  
            until the date set for the hearing.  (Code Civ. Proc. Secs.  
            527.6(o); 527.8(o), 527.85(o); Welf. & Inst. Code Secs.  
            213.5(c), 15657.03; and Fam. Code Sec. 245.)


          8)Provides that in a protective order to prevent civil  
            harassment, workplace violence, private postsecondary  
            education violence, or elder or dependent adult abuse, the  
            respondent may request continuance of the hearing upon a  
            showing of good cause, and provides that if the court grants  
            the continuance, any TRO that has been granted remains in  
            effect until the end of the continued hearing, unless  
            otherwise ordered by the court.  (Cal. Rules of Court, Rule  
            3.1152.)


          This bill:


          1)Authorizes a court, upon a showing of good cause or on its own  
            motion, to grant one continuance in a hearing involving the  
            issuance of restraining orders to prevent civil harassment,  
            workplace violence, private postsecondary education violence,  
            elder or dependent adult abuse, juvenile abuse, or domestic  
            violence, as well as other restraining orders under the Family  
            Code.


          2)Provides that if a court continues a hearing as provided  
            above, any TRO that has been granted shall remain in effect  
            until the end of the continued hearing, unless otherwise  
            ordered by the court, and allows the court to modify or  
            terminate the TRO prior to the continued hearing.








                                                                    AB 1081  
                                                                    Page  4





          3)Makes other clarifying and technical changes.


          Background


          A restraining order, also called a "protective order," is a  
          court order that can protect someone from being physically or  
          sexually abused, threatened, stalked, or harassed. The person  
          seeking the restraining order is called the "protected person,"  
          and the party who is prohibited from engaging in certain  
          behaviors is the "restrained person." There are four basic types  
          of civil restraining orders: (1) domestic violence restraining  
          orders; (2) elder or dependent adult abuse restraining orders;  
          (3) civil harassment restraining orders; and (4) workplace  
          violence restraining orders.


          Generally, protective orders can include personal conduct  
          orders, which seek to restrain a person from specific behavior  
          including contacting, attacking, stalking, threatening, or  
          harassing a protected party or destroying personal property of  
          the protected party.  Similarly, stay-away orders require the  
          restrained person to stay a certain distance away (e.g., 50 or  
          100 yards) from the protected person, including his or her home,  
          place of work, school, or vehicle.  Residence exclusion  
          ("kick-out" or "move-out") orders require a restrained person to  
          move out from where the protected person lives and to take only  
          clothing and personal belongings with them. 


          Petitioners who need immediate protection may seek a temporary  
          restraining order (TRO), which becomes effective upon receiving  
          a judge's signature and being served on the respondent.  TROs  
          may be granted ex parte, without formal notice to, or presence  
          of, the respondent.  They are generally issued or denied on the  
          date of application, and expire after 21 days, or after a  
          noticed motion to extend the order.  After notice and hearing,  
          the protections of a TRO may be approved by the court as a  
          restraining order for up to five years, as specified.  








                                                                    AB 1081  
                                                                    Page  5





          This bill, sponsored by Judicial Council, seeks to promote  
          consistency among the different types of restraining orders and  
          ensure continued protection of victims who need to postpone a  
          hearing by allowing automatic continuances of protective order  
          hearings.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/25/15)


          Judicial Council of California (source)
          California District Attorneys Association
          California Judges Association
          Executive Committee of the Family Law Section of the State Bar 


          OPPOSITION:   (Verified6/25/15)


          None received


          Judicial Council of California, sponsor, writes: 


              This [bill] will allow all parties and the court to be  
              adequately prepared before proceeding with a hearing on a  
              request for a protective order, making the most efficient  
              use of limited court time. By extending temporary orders to  
              the date of a continued hearing, AB 1081 will continue to  
              provide protection to an individual who requests a  
              protective order until a final ruling can be made on the  
              request for a permanent order.  Without changing this  
              provision, there exists the possibility of a gap in  
              protection between the date of the originally scheduled  
              hearing and the date of either the continued hearing or the  








                                                                    AB 1081  
                                                                    Page  6



              issuance of an order extending the original temporary  
              protective order.  AB 1081 will eliminate this gap by making  
              extension of the temporary order automatic. 

          ASSEMBLY FLOOR:  78-0, 5/14/15
          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, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Linder, Medina


           Prepared by:Nichole Rapier / JUD. / (916) 651-4113
          6/26/15 13:29:38


                                   ****  END  ****