Amended in Senate May 19, 2015

Amended in Senate April 23, 2015

Amended in Senate March 19, 2015

Senate BillNo. 196


Introduced by Senator Hancock

(Coauthor: Senator Stone)

February 10, 2015


An act to amend, repeal, and addbegin delete Sectionend deletebegin insert Sections 15610.07 andend insert 15657.03 of the Welfare and Institutions Code, relating to elder abuse.

LEGISLATIVE COUNSEL’S DIGEST

SB 196, as amended, Hancock. Elder abuse: protective orders.

Existing law authorizes a court to issue a protective order to restrain any person for the purpose of preventing the abuse of an elder or dependent adult. Under existing law, certain persons are authorized to file a petition for these protective orders on behalf of the elder or dependent adult, including a conservator or trustee, an attorney-in-fact, a person appointed as a guardian ad litem, or other person legally authorized to seek the order.

This bill would, commencing July 1, 2016, additionally authorize a county adult protective services agencybegin delete and a public conservatorend delete to file a petition for a protective order on behalf of an elder or dependent adultbegin delete if the elder or dependent adult has been identified as lacking capacity and a conservatorship is being sought.end deletebegin insert who, among other things, has suffered abuse and has an impaired ability to appreciate and understand the circumstances that place him or her at risk of harm, or if the elder or dependent adult has provided written authorization for the agency to act on his or her behalf.end insert The bill would require the adult protective services agencybegin delete or public conservatorend delete to provide a copy of the petition, a notice of the hearing, and any supportive declarations to the elder or dependent adult at least 5 days before the hearing, and to make reasonable efforts to assist the elder or dependent adult to attend the hearing and provide testimony to the court.begin insert The bill would also recast and clarify the definition of “abuse of an elder or a dependent adult.”end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 15610.07 of the end insertbegin insertWelfare and Institutions
2Code
end insert
begin insert is amended to read:end insert

3

15610.07.  

begin insert(a)end insertbegin insertend insert “Abuse of an elder or a dependent adult” means
4either of the following:

begin delete

5(a)

end delete

6begin insert(1)end insert Physical abuse, neglect, financial abuse, abandonment,
7isolation, abduction, or other treatment with resulting physical
8harm or pain or mental suffering.

begin delete

9(b)

end delete

10begin insert(2)end insert The deprivation by a care custodian of goods or services
11that are necessary to avoid physical harm or mental suffering.

begin insert

12(b) This section shall become inoperative on July 1, 2016, and,
13as of January 1, 2017, is repealed, unless a later enacted statute,
14that becomes operative on or before January 1, 2017, deletes or
15extends the dates on which it becomes inoperative and is repealed.

end insert
16begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 15610.07 is added to the end insertbegin insertWelfare and
17Institutions Code
end insert
begin insert, to read:end insert

begin insert
18

begin insert15610.07.end insert  

(a) “Abuse of an elder or a dependent adult” means
19any of the following:

20(1) Physical abuse, neglect, abandonment, isolation, abduction,
21or other treatment with resulting physical harm or pain or mental
22suffering.

23(2) The deprivation by a care custodian of goods or services
24that are necessary to avoid physical harm or mental suffering.

25(3) Financial abuse, as defined in Section 15610.30.

26(b) This section shall become operative on July 1, 2016.

end insert
27

begin deleteSECTION 1.end delete
28begin insertSEC. 3.end insert  

Section 15657.03 of the Welfare and Institutions Code
29 is amended to read:

P3    1

15657.03.  

(a) (1) An elder or dependent adult who has suffered
2abuse as defined in Section 15610.07 may seek protective orders
3as provided in this section.

4(2) A petition may be brought on behalf of an abused elder or
5dependent adult by a conservator or a trustee of the elder or
6dependent adult, an attorney-in-fact of an elder or dependent adult
7who acts within the authority of the power of attorney, a person
8appointed as a guardian ad litem for the elder or dependent adult,
9or other person legally authorized to seek such relief.

10(b) For the purposes of this section:

11(1) “Conservator” means the legally appointed conservator of
12the person or estate of the petitioner, or both.

13(2) “Petitioner” means the elder or dependent adult to be
14protected by the protective orders and, if the court grants the
15petition, the protected person.

16(3) “Protective order” means an order that includes any of the
17following restraining orders, whether issued ex parte, after notice
18and hearing, or in a judgment:

19(A) An order enjoining a party from abusing, intimidating,
20molesting, attacking, striking, stalking, threatening, sexually
21assaulting, battering, harassing, telephoning, including, but not
22limited to, making annoying telephone calls as described in Section
23653m of the Penal Code, destroying personal property, contacting,
24either directly or indirectly, by mail or otherwise, or coming within
25a specified distance of, or disturbing the peace of, the petitioner,
26and, in the discretion of the court, on a showing of good cause, of
27other named family or household members or a conservator, if
28any, of the petitioner.

29(B) An order excluding a party from the petitioner’s residence
30or dwelling, except that this order shall not be issued if legal or
31equitable title to, or lease of, the residence or dwelling is in the
32sole name of the party to be excluded, or is in the name of the party
33to be excluded and any other party besides the petitioner.

34(C) An order enjoining a party from specified behavior that the
35court determines is necessary to effectuate orders described in
36subparagraph (A) or (B).

37(4) “Respondent” means the person against whom the protective
38orders are sought and, if the petition is granted, the restrained
39person.

P4    1(c) An order may be issued under this section, with or without
2notice, to restrain any person for the purpose of preventing a
3recurrence of abuse, if a declaration shows, to the satisfaction of
4the court, reasonable proof of a past act or acts of abuse of the
5petitioning elder or dependent adult.

6(d) Upon filing a petition for protective orders under this section,
7the petitioner may obtain a temporary restraining order in
8accordance with Section 527 of the Code of Civil Procedure, except
9to the extent this section provides a rule that is inconsistent. The
10temporary restraining order may include any of the protective
11orders described in paragraph (3) of subdivision (b). However, the
12court may issue an ex parte order excluding a party from the
13petitioner’s residence or dwelling only on a showing of all of the
14following:

15(1) Facts sufficient for the court to ascertain that the party who
16will stay in the dwelling has a right under color of law to possession
17of the premises.

18(2) That the party to be excluded has assaulted or threatens to
19assault the petitioner, other named family or household member
20of the petitioner, or a conservator of the petitioner.

21(3) That physical or emotional harm would otherwise result to
22the petitioner, other named family or household member of the
23petitioner, or a conservator of the petitioner.

24(e) A request for the issuance of a temporary restraining order
25without notice under this section shall be granted or denied on the
26same day that the petition is submitted to the court, unless the
27petition is filed too late in the day to permit effective review, in
28which case the order shall be granted or denied on the next day of
29judicial business in sufficient time for the order to be filed that day
30with the clerk of the court.

31(f) Within 21 days, or, if good cause appears to the court, 25
32days, from the date that a request for a temporary restraining order
33is granted or denied, a hearing shall be held on the petition. If no
34request for temporary orders is made, the hearing shall be held
35within 21 days, or, if good cause appears to the court, 25 days,
36from the date that the petition is filed.

37(g) The respondent may file a response that explains or denies
38the alleged abuse.

39(h) The court may issue, upon notice and a hearing, any of the
40orders set forth in paragraph (3) of subdivision (b). The court may
P5    1issue, after notice and hearing, an order excluding a person from
2a residence or dwelling if the court finds that physical or emotional
3harm would otherwise result to the petitioner, other named family
4or household member of the petitioner, or conservator of the
5petitioner.

6(i) (1) In the discretion of the court, an order issued after notice
7and a hearing under this section may have a duration of not more
8than five years, subject to termination or modification by further
9order of the court either on written stipulation filed with the court
10or on the motion of a party. These orders may be renewed upon
11the request of a party, either for five years or permanently, without
12a showing of any further abuse since the issuance of the original
13order, subject to termination or modification by further order of
14the court either on written stipulation filed with the court or on the
15motion of a party. The request for renewal may be brought at any
16time within the three months before the expiration of the order.

17(2) The failure to state the expiration date on the face of the
18form creates an order with a duration of three years from the date
19of issuance.

20(3) If an action is filed for the purpose of terminating or
21modifying a protective order prior to the expiration date specified
22in the order by a party other than the protected party, the party
23who is protected by the order shall be given notice, pursuant to
24subdivision (b) of Section 1005 of the Code of Civil Procedure,
25of the proceeding by personal service or, if the protected party has
26satisfied the requirements of Chapter 3.1 (commencing with
27Section 6205) of Division 7 of Title 1 of the Government Code,
28by service on the Secretary of State. If the party who is protected
29by the order cannot be notified prior to the hearing for modification
30or termination of the protective order, the court shall deny the
31motion to modify or terminate the order without prejudice or
32continue the hearing until the party who is protected can be
33properly noticed and may, upon a showing of good cause, specify
34another method for service of process that is reasonably designed
35to afford actual notice to the protected party. The protected party
36may waive his or her right to notice if he or she is physically
37present in court and does not challenge the sufficiency of the notice.

38(j) In a proceeding under this section, a support person may
39accompany a party in court and, if the party is not represented by
40an attorney, may sit with the party at the table that is generally
P6    1reserved for the party and the party’s attorney. The support person
2is present to provide moral and emotional support for a person
3who alleges he or she is a victim of abuse. The support person is
4not present as a legal adviser and may not provide legal advice.
5The support person may assist the person who alleges he or she is
6a victim of abuse in feeling more confident that he or she will not
7be injured or threatened by the other party during the proceedings
8if the person who alleges he or she is a victim of abuse and the
9other party are required to be present in close proximity. This
10subdivision does not preclude the court from exercising its
11discretion to remove the support person from the courtroom if the
12court believes the support person is prompting, swaying, or
13influencing the party assisted by the support person.

14(k) Upon the filing of a petition for protective orders under this
15section, the respondent shall be personally served with a copy of
16the petition, notice of the hearing or order to show cause, temporary
17restraining order, if any, and any declarations in support of the
18petition. Service shall be made at least five days before the hearing.
19The court may, on motion of the petitioner or on its own motion,
20shorten the time for service on the respondent.

21(l) A notice of hearing under this section shall notify the
22respondent that if he or she does not attend the hearing, the court
23may make orders against him or her that could last up to five years.

24(m) (1) The court may, upon the filing of a declaration by the
25petitioner that the respondent could not be served within the time
26required by statute, reissue an order previously issued and dissolved
27by the court for failure to serve the respondent. The reissued order
28shall remain in effect until the date set for the hearing.

29(2) The reissued order shall state on its face the date of
30expiration of the order.

31(n) (1) If a respondent, named in an order issued under this
32section after a hearing, has not been served personally with the
33order but has received actual notice of the existence and substance
34of the order through personal appearance in court to hear the terms
35of the order from the court, no additional proof of service is
36required for enforcement of the order.

37(2) If the respondent named in a temporary restraining order is
38personally served with the order and notice of hearing with respect
39to a restraining order or protective order based on the temporary
40restraining order, but the respondent does not appear at the hearing,
P7    1either personally or by an attorney, and the terms and conditions
2of the restraining order or protective order issued at the hearing
3are identical to the temporary restraining order, except for the
4duration of the order, then the restraining order or protective order
5issued at the hearing may be served on the respondent by first-class
6mail sent to the respondent at the most current address for the
7respondent that is available to the court.

8(3) The Judicial Council form for temporary orders issued
9pursuant to this subdivision shall contain a statement in
10substantially the following form:


12“If you have been personally served with a temporary restraining
13order and notice of hearing, but you do not appear at the hearing
14either in person or by a lawyer, and a restraining order that is the
15same as this temporary restraining order except for the expiration
16date is issued at the hearing, a copy of the order will be served on
17you by mail at the following address: ____.

18If that address is not correct or you wish to verify that the
19temporary restraining order was converted to a restraining order
20at the hearing without substantive change and to find out the
21duration of that order, contact the clerk of the court.”


23(o) (1) Information on any protective order relating to elder or
24dependent adult abuse issued by a court pursuant to this section
25shall be transmitted to the Department of Justice in accordance
26with either paragraph (2) or (3).

27(2) The court shall order the petitioner or the attorney for the
28petitioner to deliver a copy of an order issued under this section,
29or a reissuance, extension, modification, or termination of the
30order, and any subsequent proof of service, by the close of the
31business day on which the order, reissuance, extension,
32modification, or termination was made, to each law enforcement
33agency having jurisdiction over the residence of the petitioner, and
34to any additional law enforcement agencies within the court’s
35discretion as are requested by the petitioner.

36(3) Alternatively, the court or its designee shall transmit, within
37one business day, to law enforcement personnel all information
38required under subdivision (b) of Section 6380 of the Family Code
39regarding any order issued under this section, or a reissuance,
40extension, modification, or termination of the order, and any
P8    1subsequent proof of service, by either one of the following
2methods:

3(A) Transmitting a physical copy of the order or proof of service
4to a local law enforcement agency authorized by the Department
5of Justice to enter orders into the California Law Enforcement
6Telecommunications System (CLETS).

7(B) With the approval of the Department of Justice, entering
8the order or proof of service into CLETS directly.

9(4) Each appropriate law enforcement agency shall make
10available information as to the existence and current status of these
11orders to law enforcement officers responding to the scene of
12reported abuse.

13(5) An order issued under this section shall, on request of the
14petitioner, be served on the respondent, whether or not the
15respondent has been taken into custody, by any law enforcement
16officer who is present at the scene of reported abuse involving the
17parties to the proceeding. The petitioner shall provide the officer
18with an endorsed copy of the order and a proof of service, which
19the officer shall complete and send to the issuing court.

20(6) Upon receiving information at the scene of an incident of
21abuse that a protective order has been issued under this section,
22or that a person who has been taken into custody is the respondent
23to that order, if the protected person cannot produce an endorsed
24copy of the order, a law enforcement officer shall immediately
25attempt to verify the existence of the order.

26(7) If the law enforcement officer determines that a protective
27order has been issued, but not served, the officer shall immediately
28notify the respondent of the terms of the order and where a written
29copy of the order can be obtained, and the officer shall at that time
30also enforce the order. The law enforcement officer’s verbal notice
31of the terms of the order shall constitute service of the order and
32is sufficient notice for the purposes of this section and for the
33purposes of Section 273.6 of the Penal Code.

34(p) Nothing in this section shall preclude either party from
35representation by private counsel or from appearing on the party’s
36own behalf.

37(q) There is no filing fee for a petition, response, or paper
38seeking the reissuance, modification, or enforcement of a protective
39order filed in a proceeding brought pursuant to this section.

P9    1(r) Pursuant to paragraph (4) of subdivision (b) of Section 6103.2
2of the Government Code, a petitioner shall not be required to pay
3a fee for law enforcement to serve an order issued under this
4section.

5(s) The prevailing party in any action brought under this section
6may be awarded court costs and attorney’s fees, if any.

7(t) (1) A person subject to a protective order under this section
8shall not own, possess, purchase, receive, or attempt to receive a
9firearm or ammunition while the protective order is in effect.

10(2) The court shall order a person subject to a protective order
11issued under this section to relinquish any firearms he or she owns
12or possesses pursuant to Section 527.9 of the Code of Civil
13Procedure.

14(3) Every person who owns, possesses, purchases, or receives,
15or attempts to purchase or receive a firearm or ammunition while
16subject to a protective order issued under this section is punishable
17pursuant to Section 29825 of the Penal Code.

18(4) This subdivision shall not apply in a case in which the
19protective order issued under this section was made solely on the
20basis of financial abuse unaccompanied by force, threat,
21harassment, intimidation, or any other form of abuse.

22(u) Any willful disobedience of any temporary restraining order
23or restraining order after hearing granted under this section is
24punishable pursuant to Section 273.6 of the Penal Code.

25(v) This section does not apply to any action or proceeding
26governed by Title 1.6C (commencing with Section 1788) of Part
274 of Division 3 of the Civil Code, Chapter 3 (commencing with
28Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
29or Division 10 (commencing with Section 6200) of the Family
30Code. Nothing in this section shall preclude a petitioner’s right to
31use other existing civil remedies.

32(w) The Judicial Council shall develop forms, instructions, and
33rules relating to matters governed by this section. The petition and
34response forms shall be simple and concise, and their use by parties
35in actions brought pursuant to this section shall be mandatory.

36(x) This section shall become inoperative on July 1, 2016, and,
37as of January 1, 2017, is repealed, unless a later enacted statute,
38that becomes operative on or before January 1, 2017, deletes or
39extends the dates on which it becomes inoperative and is repealed.

P10   1

begin deleteSEC. 2.end delete
2begin insertSEC. 4.end insert  

Section 15657.03 is added to the Welfare and
3Institutions Code
, to read:

4

15657.03.  

(a) (1) An elder or dependent adult who has suffered
5abuse may seek protective orders as provided in this section.

6(2) A petition may be brought on behalf of an abused elder or
7dependent adult by a conservator or a trustee of the elder or
8dependent adult,begin delete a county adult protective services agency or public
9conservator in a case in which an elder or dependent adult has been
10identified as lacking capacity and a conservatorship is being sought,end delete

11 an attorney-in-fact of an elder or dependent adult who acts within
12the authority of the power of attorney, a person appointed as a
13guardian ad litem for the elder or dependent adult, or other person
14legally authorized to seek the relief.

begin insert

15(3) (A) A petition under this section may be brought on behalf
16of an elder or dependent adult by a county adult protective services
17agency in any of the following circumstances:

end insert
begin insert

18(i) If there is reasonable cause to believe an elder or dependent
19adult is in imminent danger of becoming, or has become, the victim
20of a crime, as provided under Chapter 13 (commencing with
21Section 368) of Title 9 of Part 1 of the Penal Code, and has an
22impaired ability to appreciate and understand the circumstances
23that place him or her at risk of harm.

end insert
begin insert

24(ii) If the elder or dependent adult has suffered abuse as defined
25in subdivision (b) and has an impaired ability to appreciate and
26understand the circumstances that place him or her at risk of harm.

end insert
begin insert

27(iii) If the elder or dependent adult has provided written
28authorization to a county adult protective services agency to act
29on his or her behalf.

end insert
begin insert

30(B) In the case of a petition filed pursuant to clause (i) or (ii)
31of subparagraph (A) by a county adult protective services agency,
32a referral shall be made to the public guardian consistent with
33Section 2920 of the Probate Code prior to or concurrent with the
34filing of the petition.

end insert
begin insert

35(C) A county adult protective services agency shall be subject
36to any confidentiality restrictions as otherwise apply to its activities
37 under law and shall only disclose those facts as necessary to
38establish reasonable cause for the filing of the petition and as may
39be requested by the court in determining whether to issue an order
40under this section.

end insert

P11   1(b) For the purposes of this section:

2(1) “Abuse” has the meaning set forth in Section 15610.07.

3(2) “Conservator” means the legally appointed conservator of
4the person or estate of the petitioner, or both.

5(3) “Petitioner” means the elder or dependent adult to be
6protected by the protective orders and, if the court grants the
7petition, the protected person.

8(4) “Protective order” means an order that includes any of the
9following restraining orders, whether issued ex parte, after notice
10and hearing, or in a judgment:

11(A) An order enjoining a party from abusing, intimidating,
12molesting, attacking, striking, stalking, threatening, sexually
13assaulting, battering, harassing, telephoning, including, but not
14limited to, making annoying telephone calls as described in Section
15653m of the Penal Code, destroying personal property, contacting,
16either directly or indirectly, by mail or otherwise, or coming within
17a specified distance of, or disturbing the peace of, the petitioner,
18and, in the discretion of the court, on a showing of good cause, of
19other named family or household members or a conservator, if
20any, of the petitioner.

21(B) An order excluding a party from the petitioner’s residence
22or dwelling, except that this order shall not be issued if legal or
23 equitable title to, or lease of, the residence or dwelling is in the
24sole name of the party to be excluded, or is in the name of the party
25to be excluded and any other party besides the petitioner.

26(C) An order enjoining a party from specified behavior that the
27court determines is necessary to effectuate orders described in
28subparagraph (A) or (B).

29(5) “Respondent” means the person against whom the protective
30orders are sought and, if the petition is granted, the restrained
31person.

32(c) An order may be issued under this section, with or without
33notice, to restrain any person for the purpose of preventing a
34recurrence of abuse, if a declaration shows, to the satisfaction of
35the court, reasonable proof of a past act or acts of abuse of the
36petitioning elder or dependent adult.

37(d) Upon filing a petition for protective orders under this section,
38the petitioner may obtain a temporary restraining order in
39accordance with Section 527 of the Code of Civil Procedure, except
40to the extent this section provides a rule that is inconsistent. The
P12   1temporary restraining order may include any of the protective
2orders described in paragraph (4) of subdivision (b). However, the
3court may issue an ex parte order excluding a party from the
4petitioner’s residence or dwelling only on a showing of all of the
5following:

6(1) Facts sufficient for the court to ascertain that the party who
7will stay in the dwelling has a right under color of law to possession
8of the premises.

9(2) That the party to be excluded has assaulted or threatens to
10assault the petitioner, other named family or household member
11of the petitioner, or a conservator of the petitioner.

12(3) That physical or emotional harm would otherwise result to
13the petitioner, other named family or household member of the
14petitioner, or a conservator of the petitioner.

15(e) A request for the issuance of a temporary restraining order
16without notice under this section shall be granted or denied on the
17same day that the petition is submitted to the court, unless the
18petition is filed too late in the day to permit effective review, in
19which case the order shall be granted or denied on the next day of
20judicial business in sufficient time for the order to be filed that day
21with the clerk of the court.

22(f) Within 21 days, or, if good cause appears to the court, 25
23days, from the date that a request for a temporary restraining order
24is granted or denied, a hearing shall be held on the petition. If no
25request for temporary orders is made, the hearing shall be held
26within 21 days, or, if good cause appears to the court, 25 days,
27from the date that the petition is filed.

28(g) The respondent may file a response that explains or denies
29the alleged abuse.

30(h) The court may issue, upon notice and a hearing, any of the
31orders set forth in paragraph (4) of subdivision (b). The court may
32issue, after notice and hearing, an order excluding a person from
33a residence or dwelling if the court finds that physical or emotional
34harm would otherwise result to the petitioner, other named family
35or household member of the petitioner, or conservator of the
36petitioner.

37(i) (1) In the discretion of the court, an order issued after notice
38and a hearing under this section may have a duration of not more
39than five years, subject to termination or modification by further
40order of the court either on written stipulation filed with the court
P13   1or on the motion of a party. These orders may be renewed upon
2the request of a party, either for five years or permanently, without
3a showing of any further abuse since the issuance of the original
4order, subject to termination or modification by further order of
5the court either on written stipulation filed with the court or on the
6motion of a party. The request for renewal may be brought at any
7time within the three months before the expiration of the order.

8(2) The failure to state the expiration date on the face of the
9form creates an order with a duration of three years from the date
10of issuance.

11(3) If an action is filed for the purpose of terminating or
12modifying a protective order prior to the expiration date specified
13in the order by a party other than the protected party, the party
14who is protected by the order shall be given notice, pursuant to
15subdivision (b) of Section 1005 of the Code of Civil Procedure,
16of the proceeding by personal service or, if the protected party has
17satisfied the requirements of Chapter 3.1 (commencing with
18Section 6205) of Division 7 of Title 1 of the Government Code,
19by service on the Secretary of State. If the party who is protected
20by the order cannot be notified prior to the hearing for modification
21or termination of the protective order, the court shall deny the
22motion to modify or terminate the order without prejudice or
23continue the hearing until the party who is protected can be
24properly noticed and may, upon a showing of good cause, specify
25another method for service of process that is reasonably designed
26to afford actual notice to the protected party. The protected party
27may waive his or her right to notice if he or she is physically
28present in court and does not challenge the sufficiency of the notice.

29(j) In a proceeding under this section, a support person may
30accompany a party in court and, if the party is not represented by
31an attorney, may sit with the party at the table that is generally
32reserved for the party and the party’s attorney. The support person
33is present to provide moral and emotional support for a person
34who alleges he or she is a victim of abuse. The support person is
35not present as a legal adviser and may not provide legal advice.
36The support person may assist the person who alleges he or she is
37a victim of abuse in feeling more confident that he or she will not
38be injured or threatened by the other party during the proceedings
39if the person who alleges he or she is a victim of abuse and the
40other party are required to be present in close proximity. This
P14   1subdivision does not preclude the court from exercising its
2discretion to remove the support person from the courtroom if the
3court believes the support person is prompting, swaying, or
4influencing the party assisted by the support person.

5(k) Upon the filing of a petition for protective orders under this
6section, the respondent shall be personally served with a copy of
7the petition, notice of the hearing or order to show cause, temporary
8restraining order, if any, and any declarations in support of the
9petition. Service shall be made at least five days before the hearing.
10The court may, on motion of the petitioner or on its own motion,
11shorten the time for service on the respondent.

12(l) A notice of hearing under this section shall notify the
13respondent that if he or she does not attend the hearing, the court
14may make orders against him or her that could last up to five years.

15(m) (1) The court may, upon the filing of a declaration by the
16petitioner that the respondent could not be served within the time
17required by statute, reissue an order previously issued and dissolved
18by the court for failure to serve the respondent. The reissued order
19shall remain in effect until the date set for the hearing.

20(2) The reissued order shall state on its face the date of
21expiration of the order.

22(n) (1) If a respondent, named in an order issued under this
23section after a hearing, has not been served personally with the
24order but has received actual notice of the existence and substance
25of the order through personal appearance in court to hear the terms
26of the order from the court, no additional proof of service is
27required for enforcement of the order.

28(2) If the respondent named in a temporary restraining order is
29personally served with the order and notice of hearing with respect
30to a restraining order or protective order based on the temporary
31restraining order, but the respondent does not appear at the hearing,
32either personally or by an attorney, and the terms and conditions
33of the restraining order or protective order issued at the hearing
34are identical to the temporary restraining order, except for the
35duration of the order, then the restraining order or protective order
36issued at the hearing may be served on the respondent by first-class
37mail sent to the respondent at the most current address for the
38respondent that is available to the court.

P15   1(3) The Judicial Council form for temporary orders issued
2pursuant to this subdivision shall contain a statement in
3substantially the following form:


5“If you have been personally served with a temporary restraining
6order and notice of hearing, but you do not appear at the hearing
7either in person or by a lawyer, and a restraining order that is the
8same as this temporary restraining order except for the expiration
9date is issued at the hearing, a copy of the order will be served on
10you by mail at the following address: ____.

11If that address is not correct or you wish to verify that the
12temporary restraining order was converted to a restraining order
13at the hearing without substantive change and to find out the
14duration of that order, contact the clerk of the court.”


16(o) (1) Information on any protective order relating to elder or
17dependent adult abuse issued by a court pursuant to this section
18shall be transmitted to the Department of Justice in accordance
19with either paragraph (2) or (3).

20(2) The court shall order the petitioner or the attorney for the
21petitioner to deliver a copy of an order issued under this section,
22or a reissuance, extension, modification, or termination of the
23order, and any subsequent proof of service, by the close of the
24business day on which the order, reissuance, extension,
25modification, or termination was made, to each law enforcement
26agency having jurisdiction over the residence of the petitioner, and
27to any additional law enforcement agencies within the court’s
28discretion as are requested by the petitioner.

29(3) Alternatively, the court or its designee shall transmit, within
30one business day, to law enforcement personnel all information
31required under subdivision (b) of Section 6380 of the Family Code
32regarding any order issued under this section, or a reissuance,
33extension, modification, or termination of the order, and any
34subsequent proof of service, by either one of the following
35methods:

36(A) Transmitting a physical copy of the order or proof of service
37to a local law enforcement agency authorized by the Department
38of Justice to enter orders into the California Law Enforcement
39Telecommunications System (CLETS).

P16   1(B) With the approval of the Department of Justice, entering
2the order or proof of service into CLETS directly.

3(4) Each appropriate law enforcement agency shall make
4available information as to the existence and current status of these
5orders to law enforcement officers responding to the scene of
6reported abuse.

7(5) An order issued under this section shall, on request of the
8petitioner, be served on the respondent, whether or not the
9respondent has been taken into custody, by any law enforcement
10officer who is present at the scene of reported abuse involving the
11parties to the proceeding. The petitioner shall provide the officer
12with an endorsed copy of the order and a proof of service, which
13the officer shall complete and send to the issuing court.

14(6) Upon receiving information at the scene of an incident of
15abuse that a protective order has been issued under this section,
16or that a person who has been taken into custody is the respondent
17to that order, if the protected person cannot produce an endorsed
18copy of the order, a law enforcement officer shall immediately
19attempt to verify the existence of the order.

20(7) If the law enforcement officer determines that a protective
21order has been issued, but not served, the officer shall immediately
22notify the respondent of the terms of the order and where a written
23copy of the order can be obtained, and the officer shall at that time
24also enforce the order. The law enforcement officer’s verbal notice
25of the terms of the order shall constitute service of the order and
26is sufficient notice for the purposes of this section and for the
27purposes of Section 273.6 of the Penal Code.

28(p) Nothing in this section shall preclude either party from
29representation by private counsel or from appearing on the party’s
30own behalf.

31(q) There is no filing fee for a petition, response, or paper
32seeking the reissuance, modification, or enforcement of a protective
33order filed in a proceeding brought pursuant to this section.

34(r) Pursuant to paragraph (4) of subdivision (b) of Section 6103.2
35of the Government Code, a petitioner shall not be required to pay
36a fee for law enforcement to serve an order issued under this
37section.

38(s) The prevailing party in any action brought under this section
39may be awarded court costs and attorney’s fees, if any.

P17   1(t) (1) A person subject to a protective order under this section
2shall not own, possess, purchase, receive, or attempt to receive a
3firearm or ammunition while the protective order is in effect.

4(2) The court shall order a person subject to a protective order
5issued under this section to relinquish any firearms he or she owns
6or possesses pursuant to Section 527.9 of the Code of Civil
7Procedure.

8(3) Every person who owns, possesses, purchases, or receives,
9or attempts to purchase or receive a firearm or ammunition while
10subject to a protective order issued under this section is punishable
11pursuant to Section 29825 of the Penal Code.

12(4) This subdivision shall not apply in a case in which the
13protective order issued under this section was made solely on the
14basis of financial abuse unaccompanied by force, threat,
15harassment, intimidation, or any other form of abuse.

16(u) In a proceedingbegin delete based on a filing of a petition by a county
17adult protective services agency or public conservator in a case in
18which an elder or dependent adult has been identified as lacking
19capacity and a conservatorship is sought,end delete
begin insert brought under paragraph
20(3) of subdivision (a),end insert
all of the following apply:

21(1) Upon the filing of a petition for a protective order, the elder
22or dependent adult on whose behalf the petition has been filed
23shall receive a copy of the petition, a notice of the hearing, and
24any declarations submitted in support of the petition. The elder or
25dependent adult shall receive this information at least five days
26before the hearing. The court may, on motion of the petitioner or
27on its own motion, shorten the time for provision of this
28information to the elder or dependent adult.

29(2) The adult protective services agencybegin delete or public conservatorend delete
30 shall make reasonable efforts to assist the elder or dependent adult
31to attend the hearing and provide testimony to the court, if he or
32she wishes to do so. If the elder or dependent adult does not attend
33the hearing, the agencybegin delete or public conservatorend delete shall provide
34information to the court at the hearing regarding the reasons why
35the elder or dependent adult is not in attendance.

begin insert

36(3) Upon the filing of a petition for a protective order and upon
37issuance of an order granting the petition, the county adult
38protective services agency shall take all reasonable steps to provide
39for the safety of the elder or dependent adult, pursuant to Chapter
4013 (commencing with Section 15750), which may include, but is
P18   1not limited to, locating alternative accommodations for the elder
2or dependent adult, if needed.

end insert

3(v) Any willful disobedience of any temporary restraining order
4or restraining order after hearing granted under this section is
5punishable pursuant to Section 273.6 of the Penal Code.

6(w) This section does not apply to any action or proceeding
7governed by Title 1.6C (commencing with Section 1788) of Part
84 of Division 3 of the Civil Code, Chapter 3 (commencing with
9Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
10or Division 10 (commencing with Section 6200) of the Family
11 Code. Nothing in this section shall preclude a petitioner’s right to
12use other existing civil remedies.

13(x) The Judicial Council shall develop forms, instructions, and
14rules relating to matters governed by this section. The petition and
15response forms shall be simple and concise, and shall be used by
16parties in actions brought pursuant to this section.

17(y) This section shall become operative on July 1, 2016.



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