Amended in Assembly June 15, 2015

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 add Sections 15610.07 and 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 agency to file a petition for a protective order on behalf of an elder or dependent adult whobegin delete, among other things,end delete has suffered abusebegin insert or is, or is in imminent danger of becoming, a victim of criminal elder abuse,end insert and has an impaired ability to appreciate and understand the circumstances that place him or her at risk of harm, orbegin delete if the elder or dependent adultend deletebegin insert whoend insert has provided written authorization for the agency to act on his or her behalf.begin delete The bill would require the adult protective services agency 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.end deletebegin insert The bill would impose specified requirements on an adult protective services agency that files the petition, including, among others, assisting the elder or dependent adult to attend the hearing and, if a petition to appoint a conservator has not already been filed, referring the elder or dependent adult to the public guardian, as specified.end insert The bill would also recast and clarify the definition of “abuse of an elder or a dependent adult.”

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

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

P2    1

SECTION 1.  

Section 15610.07 of the Welfare and Institutions
2Code
is amended to read:

3

15610.07.  

(a) “Abuse of an elder or a dependent adult” means
4either of the following:

5(1) Physical abuse, neglect, financial abuse, abandonment,
6isolation, abduction, or other treatment with resulting physical
7harm or pain or mental suffering.

8(2) The deprivation by a care custodian of goods or services
9that are necessary to avoid physical harm or mental suffering.

10(b) This section shall become inoperative on July 1, 2016, and,
11as of January 1, 2017, is repealed, unless a later enacted statute,
12that becomes operative on or before January 1, 2017, deletes or
13extends the dates on which it becomes inoperative and is repealed.

14

SEC. 2.  

Section 15610.07 is added to the Welfare and
15Institutions Code
, to read:

16

15610.07.  

(a) “Abuse of an elder or a dependent adult” means
17any of the following:

18(1) Physical abuse, neglect, abandonment, isolation, abduction,
19or other treatment with resulting physical harm or pain or mental
20suffering.

21(2) The deprivation by a care custodian of goods or services
22that are necessary to avoid physical harm or mental suffering.

23(3) Financial abuse, as defined in Section 15610.30.

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

P3    1

SEC. 3.  

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

3

15657.03.  

(a) (1) An elder or dependent adult who has suffered
4abuse as defined in Section 15610.07 may seek protective orders
5as 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, an attorney-in-fact of an elder or dependent adult
9who acts within the authority of the power of attorney, a person
10appointed as a guardian ad litem for the elder or dependent adult,
11or other person legally authorized to seek such relief.

12(b) For the purposes of this section:

13(1) “Conservator” means the legally appointed conservator of
14the person or estate of the petitioner, or both.

15(2) “Petitioner” means the elder or dependent adult to be
16protected by the protective orders and, if the court grants the
17petition, the protected person.

18(3) “Protective order” means an order that includes any of the
19following restraining orders, whether issued ex parte, after notice
20and hearing, or in a judgment:

21(A) An order enjoining a party from abusing, intimidating,
22molesting, attacking, striking, stalking, threatening, sexually
23assaulting, battering, harassing, telephoning, including, but not
24limited to, making annoying telephone calls as described in Section
25653m of the Penal Code, destroying personal property, contacting,
26either directly or indirectly, by mail or otherwise, or coming within
27a specified distance of, or disturbing the peace of, the petitioner,
28and, in the discretion of the court, on a showing of good cause, of
29other named family or household members or a conservator, if
30any, of the petitioner.

31(B) An order excluding a party from the petitioner’s residence
32or dwelling, except that this order shall not be issued if legal or
33equitable title to, or lease of, the residence or dwelling is in the
34sole name of the party to be excluded, or is in the name of the party
35to be excluded and any other party besides the petitioner.

36(C) An order enjoining a party from specified behavior that the
37court determines is necessary to effectuate orders described in
38subparagraph (A) or (B).

P4    1(4) “Respondent” means the person against whom the protective
2orders are sought and, if the petition is granted, the restrained
3person.

4(c) An order may be issued under this section, with or without
5notice, to restrain any person for the purpose of preventing a
6recurrence of abuse, if a declaration shows, to the satisfaction of
7the court, reasonable proof of a past act or acts of abuse of the
8petitioning elder or dependent adult.

9(d) Upon filing a petition for protective orders under this section,
10the petitioner may obtain a temporary restraining order in
11accordance with Section 527 of the Code of Civil Procedure, except
12to the extent this section provides a rule that is inconsistent. The
13temporary restraining order may include any of the protective
14orders described in paragraph (3) of subdivision (b). However, the
15court may issue an ex parte order excluding a party from the
16petitioner’s residence or dwelling only on a showing of all of the
17following:

18(1) Facts sufficient for the court to ascertain that the party who
19will stay in the dwelling has a right under color of law to possession
20of the premises.

21(2) That the party to be excluded has assaulted or threatens to
22assault the petitioner, other named family or household member
23of the petitioner, or a conservator of the petitioner.

24(3) That physical or emotional harm would otherwise result to
25the petitioner, other named family or household member of the
26petitioner, or a conservator of the petitioner.

27(e) A request for the issuance of a temporary restraining order
28without notice under this section shall be granted or denied on the
29same day that the petition is submitted to the court, unless the
30petition is filed too late in the day to permit effective review, in
31which case the order shall be granted or denied on the next day of
32judicial business in sufficient time for the order to be filed that day
33with the clerk of the court.

34(f) Within 21 days, or, if good cause appears to the court, 25
35days, from the date that a request for a temporary restraining order
36is granted or denied, a hearing shall be held on the petition. If no
37request for temporary orders is made, the hearing shall be held
38within 21 days, or, if good cause appears to the court, 25 days,
39from the date that the petition is filed.

P5    1(g) The respondent may file a response that explains or denies
2the alleged abuse.

3(h) The court may issue, upon notice and a hearing, any of the
4orders set forth in paragraph (3) of subdivision (b). The court may
5issue, after notice and hearing, an order excluding a person from
6a residence or dwelling if the court finds that physical or emotional
7harm would otherwise result to the petitioner, other named family
8or household member of the petitioner, or conservator of the
9petitioner.

10(i) (1) In the discretion of the court, an order issued after notice
11and a hearing under this section may have a duration of not more
12than five years, subject to termination or modification by further
13order of the court either on written stipulation filed with the court
14or on the motion of a party. These orders may be renewed upon
15the request of a party, either for five years or permanently, without
16a showing of any further abuse since the issuance of the original
17order, subject to termination or modification by further order of
18the court either on written stipulation filed with the court or on the
19motion of a party. The request for renewal may be brought at any
20time within the three months before the expiration of the order.

21(2) The failure to state the expiration date on the face of the
22form creates an order with a duration of three years from the date
23of issuance.

24(3) If an action is filed for the purpose of terminating or
25modifying a protective order prior to the expiration date specified
26in the order by a party other than the protected party, the party
27who is protected by the order shall be given notice, pursuant to
28subdivision (b) of Section 1005 of the Code of Civil Procedure,
29of the proceeding by personal service or, if the protected party has
30satisfied the requirements of Chapter 3.1 (commencing with
31Section 6205) of Division 7 of Title 1 of the Government Code,
32by service on the Secretary of State. If the party who is protected
33by the order cannot be notified prior to the hearing for modification
34or termination of the protective order, the court shall deny the
35motion to modify or terminate the order without prejudice or
36continue the hearing until the party who is protected can be
37properly noticed and may, upon a showing of good cause, specify
38another method for service of process that is reasonably designed
39to afford actual notice to the protected party. The protected party
P6    1may waive his or her right to notice if he or she is physically
2present in court and does not challenge the sufficiency of the notice.

3(j) In a proceeding under this section, a support person may
4accompany a party in court and, if the party is not represented by
5an attorney, may sit with the party at the table that is generally
6reserved for the party and the party’s attorney. The support person
7is present to provide moral and emotional support for a person
8who alleges he or she is a victim of abuse. The support person is
9not present as a legal adviser and may not provide legal advice.
10The support person may assist the person who alleges he or she is
11a victim of abuse in feeling more confident that he or she will not
12be injured or threatened by the other party during the proceedings
13if the person who alleges he or she is a victim of abuse and the
14other party are required to be present in close proximity. This
15subdivision does not preclude the court from exercising its
16discretion to remove the support person from the courtroom if the
17court believes the support person is prompting, swaying, or
18influencing the party assisted by the support person.

19(k) Upon the filing of a petition for protective orders under this
20section, the respondent shall be personally served with a copy of
21the petition, notice of the hearing or order to show cause, temporary
22restraining order, if any, and any declarations in support of the
23petition. Service shall be made at least five days before the hearing.
24The court may, on motion of the petitioner or on its own motion,
25shorten the time for service on the respondent.

26(l) A notice of hearing under this section shall notify the
27respondent that if he or she does not attend the hearing, the court
28may make orders against him or her that could last up to five years.

29(m) (1) The court may, upon the filing of a declaration by the
30petitioner that the respondent could not be served within the time
31required by statute, reissue an order previously issued and dissolved
32by the court for failure to serve the respondent. The reissued order
33shall remain in effect until the date set for the hearing.

34(2) The reissued order shall state on its face the date of
35expiration of the order.

36(n) (1) If a respondent, named in an order issued under this
37section after a hearing, has not been served personally with the
38order but has received actual notice of the existence and substance
39of the order through personal appearance in court to hear the terms
P7    1of the order from the court, no additional proof of service is
2required for enforcement of the order.

3(2) If the respondent named in a temporary restraining order is
4personally served with the order and notice of hearing with respect
5to a restraining order or protective order based on the temporary
6restraining order, but the respondent does not appear at the hearing,
7either personally or by an attorney, and the terms and conditions
8of the restraining order or protective order issued at the hearing
9are identical to the temporary restraining order, except for the
10duration of the order, then the restraining order or protective order
11issued at the hearing may be served on the respondent by first-class
12mail sent to the respondent at the most current address for the
13respondent that is available to the court.

14(3) The Judicial Council form for temporary orders issued
15pursuant to this subdivision shall contain a statement in
16substantially the following form:


18“If you have been personally served with a temporary restraining
19order and notice of hearing, but you do not appear at the hearing
20either in person or by a lawyer, and a restraining order that is the
21same as this temporary restraining order except for the expiration
22date is issued at the hearing, a copy of the order will be served on
23you by mail at the following address: ____.

24If that address is not correct or you wish to verify that the
25temporary restraining order was converted to a restraining order
26at the hearing without substantive change and to find out the
27duration of that order, contact the clerk of the court.”


29(o) (1) Information on any protective order relating to elder or
30dependent adult abuse issued by a court pursuant to this section
31shall be transmitted to the Department of Justice in accordance
32with either paragraph (2) or (3).

33(2) The court shall order the petitioner or the attorney for the
34petitioner to deliver a copy of an order issued under this section,
35or a reissuance, extension, modification, or termination of the
36order, and any subsequent proof of service, by the close of the
37business day on which the order, reissuance, extension,
38modification, or termination was made, to each law enforcement
39agency having jurisdiction over the residence of the petitioner, and
P8    1to any additional law enforcement agencies within the court’s
2discretion as are requested by the petitioner.

3(3) Alternatively, the court or its designee shall transmit, within
4one business day, to law enforcement personnel all information
5required under subdivision (b) of Section 6380 of the Family Code
6regarding any order issued under this section, or a reissuance,
7extension, modification, or termination of the order, and any
8subsequent proof of service, by either one of the following
9methods:

10(A) Transmitting a physical copy of the order or proof of service
11to a local law enforcement agency authorized by the Department
12of Justice to enter orders into the California Law Enforcement
13Telecommunications System (CLETS).

14(B) With the approval of the Department of Justice, entering
15the order or proof of service into CLETS directly.

16(4) Each appropriate law enforcement agency shall make
17available information as to the existence and current status of these
18orders to law enforcement officers responding to the scene of
19reported abuse.

20(5) An order issued under this section shall, on request of the
21petitioner, be served on the respondent, whether or not the
22respondent has been taken into custody, by any law enforcement
23officer who is present at the scene of reported abuse involving the
24parties to the proceeding. The petitioner shall provide the officer
25with an endorsed copy of the order and a proof of service, which
26the officer shall complete and send to the issuing court.

27(6) Upon receiving information at the scene of an incident of
28abuse that a protective order has been issued under this section,
29or that a person who has been taken into custody is the respondent
30to that order, if the protected person cannot produce an endorsed
31copy of the order, a law enforcement officer shall immediately
32attempt to verify the existence of the order.

33(7) If the law enforcement officer determines that a protective
34order has been issued, but not served, the officer shall immediately
35notify the respondent of the terms of the order and where a written
36copy of the order can be obtained, and the officer shall at that time
37also enforce the order. The law enforcement officer’s verbal notice
38of the terms of the order shall constitute service of the order and
39is sufficient notice for the purposes of this section and for the
40purposes of Section 273.6 of the Penal Code.

P9    1(p) Nothing in this section shall preclude either party from
2representation by private counsel or from appearing on the party’s
3own behalf.

4(q) There is no filing fee for a petition, response, or paper
5seeking the reissuance, modification, or enforcement of a protective
6order filed in a proceeding brought pursuant to this section.

7(r) Pursuant to paragraph (4) of subdivision (b) of Section 6103.2
8of the Government Code, a petitioner shall not be required to pay
9a fee for law enforcement to serve an order issued under this
10section.

11(s) The prevailing party in any action brought under this section
12may be awarded court costs and attorney’s fees, if any.

13(t) (1) A person subject to a protective order under this section
14shall not own, possess, purchase, receive, or attempt to receive a
15firearm or ammunition while the protective order is in effect.

16(2) The court shall order a person subject to a protective order
17issued under this section to relinquish any firearms he or she owns
18or possesses pursuant to Section 527.9 of the Code of Civil
19Procedure.

20(3) Every person who owns, possesses, purchases, or receives,
21or attempts to purchase or receive a firearm or ammunition while
22subject to a protective order issued under this section is punishable
23pursuant to Section 29825 of the Penal Code.

24(4) This subdivision shall not apply in a case in which the
25protective order issued under this section was made solely on the
26basis of financial abuse unaccompanied by force, threat,
27harassment, intimidation, or any other form of abuse.

28(u) Any willful disobedience of any temporary restraining order
29or restraining order after hearing granted under this section is
30punishable pursuant to Section 273.6 of the Penal Code.

31(v) This section does not apply to any action or proceeding
32governed by Title 1.6C (commencing with Section 1788) of Part
334 of Division 3 of the Civil Code, Chapter 3 (commencing with
34Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
35or Division 10 (commencing with Section 6200) of the Family
36Code. Nothing in this section shall preclude a petitioner’s right to
37use other existing civil remedies.

38(w) The Judicial Council shall develop forms, instructions, and
39rules relating to matters governed by this section. The petition and
P10   1response forms shall be simple and concise, and their use by parties
2in actions brought pursuant to this section shall be mandatory.

3(x) This section shall become inoperative on July 1, 2016, and,
4as of January 1, 2017, is repealed, unless a later enacted statute,
5that becomes operative on or before January 1, 2017, deletes or
6extends the dates on which it becomes inoperative and is repealed.

7

SEC. 4.  

Section 15657.03 is added to the Welfare and
8Institutions Code
, to read:

9

15657.03.  

(a) (1) An elder or dependent adult who has suffered
10abuse may seek protective orders as provided in this section.

11(2) A petition may be brought on behalf of an abused elder or
12dependent adult by a conservator or a trustee of the elder or
13dependent adult, an attorney-in-fact of an elder or dependent adult
14who acts within the authority of the power of attorney, a person
15appointed as a guardian ad litem for the elder or dependent adult,
16or other person legally authorized to seek the relief.

17(3) (A) A petition under this section may be brought on behalf
18of an elder or dependent adult by a county adult protective services
19agency in any of the following circumstances:

20(i) If there is reasonable cause to believe an elder or dependent
21adult is in imminent danger of becoming, or has become, the victim
22of a crime, as provided under Chapter 13 (commencing with
23Section 368) of Title 9 of Part 1 of the Penal Code, and has an
24impaired ability to appreciate and understand the circumstances
25that place him or her at risk of harm.

26(ii) If the elder or dependent adult has suffered abuse as defined
27in subdivision (b) and has an impaired ability to appreciate and
28understand the circumstances that place him or her at risk of harm.

29(iii) If the elder or dependent adult has provided written
30authorization to a county adult protective services agency to act
31on his or her behalf.

32(B) In the case of a petition filed pursuant to clause (i) or (ii) of
33subparagraph (A) by a county adult protective services agency, a
34referral shall be made to the public guardian consistent with Section
352920 of the Probate Code prior to or concurrent with the filing of
36the petitionbegin insert, unless a petition for appointment of a conservator
37has already been filed with the probate court by the public
38guardian or another partyend insert
.

39(C) A county adult protective services agency shall be subject
40to any confidentiality restrictionsbegin delete asend deletebegin insert thatend insert otherwise apply to its
P11   1activities under law and shallbegin delete onlyend delete disclosebegin insert onlyend insert those facts as
2necessary to establish reasonable cause for the filing of the petitionbegin insert,
3including, in the case of a petition filed pursuant to clause (i) or
4(ii) of subparagraph (A), to establish the agency’s belief that the
5elder or dependent adult is in imminent danger or has suffered
6abuseend insert
begin insert and has an impaired ability to appreciate and understand
7the circumstances that place him or her at risk,end insert
and as may be
8requested by the court in determining whether to issue an order
9under this section.

10(b) For the purposes of this section:

11(1) “Abuse” has the meaning set forth in Section 15610.07.

12(2) “Conservator” means the legally appointed conservator of
13the person or estate of the petitioner, or both.

14(3) “Petitioner” means the elder or dependent adult to be
15protected by the protective orders and, if the court grants the
16petition, the protected person.

17(4) “Protective order” means an order that includes any of the
18following restraining orders, whether issued ex parte, after notice
19and hearing, or in a judgment:

20(A) An order enjoining a party from abusing, intimidating,
21molesting, attacking, striking, stalking, threatening, sexually
22assaulting, battering, harassing, telephoning, including, but not
23limited to, making annoying telephone calls as described in Section
24653m of the Penal Code, destroying personal property, contacting,
25either directly or indirectly, by mail or otherwise, or coming within
26a specified distance of, or disturbing the peace of, the petitioner,
27and, in the discretion of the court, on a showing of good cause, of
28other named family or household members or a conservator, if
29any, of the petitioner.

30(B) An order excluding a party from the petitioner’s residence
31or dwelling, except that this order shall not be issued if legal or
32 equitable title to, or lease of, the residence or dwelling is in the
33sole name of the party to be excluded, or is in the name of the party
34to be excluded and any other party besides the petitioner.

35(C) An order enjoining a party from specified behavior that the
36court determines is necessary to effectuate orders described in
37subparagraph (A) or (B).

38(5) “Respondent” means the person against whom the protective
39orders are sought and, if the petition is granted, the restrained
40person.

P12   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 (4) 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 (4) of subdivision (b). The court may
P13   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
P14   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,
P15   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
P16   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.

P17   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) In a proceeding brought under paragraph (3) of subdivision
23(a), all of the following apply:

24(1) Upon the filing of a petition for a protective order, the elder
25or dependent adult on whose behalf the petition has been filed
26shall receive a copy of the petition, a notice of the hearing, and
27any declarations submitted in support of the petition. The elder or
28dependent adult shall receive this information at least five days
29before the hearing. The court may, on motion of the petitioner or
30on its own motion, shorten the time for provision of this
31information to the elder or dependent adult.

32(2) The adult protective services agency shall make reasonable
33efforts to assist the elder or dependent adult to attend the hearing
34and provide testimony to the court, if he or she wishes to do so. If
35the elder or dependent adult does not attend the hearing, the agency
36shall provide information to the court at the hearing regarding the
37reasons why the elder or dependent adult is not in attendance.

38(3) Upon the filing of a petition for a protective order and upon
39issuance of an order granting the petition, the county adult
40protective services agency shall take all reasonable steps to provide
P18   1for the safety of the elder or dependent adult, pursuant to Chapter
213 (commencing with Section 15750), which may include, butbegin delete isend delete
3begin insert areend insert not limited to,begin delete locatingend deletebegin insert facilitating the location ofend insert alternative
4accommodations for the elder or dependent adult, if needed.

5(v) Any willful disobedience of any temporary restraining order
6or restraining order after hearing granted under this section is
7punishable pursuant to Section 273.6 of the Penal Code.

8(w) This section does not apply to any action or proceeding
9governed by Title 1.6C (commencing with Section 1788) of Part
104 of Division 3 of the Civil Code, Chapter 3 (commencing with
11Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
12or Division 10 (commencing with Section 6200) of the Family
13Code. Nothing in this section shall preclude a petitioner’s right to
14use other existing civil remedies.

15(x) The Judicial Council shall develop forms, instructions, and
16rules relating to matters governed by this section. The petition and
17response forms shall be simple and concise, and shall be used by
18parties in actions brought pursuant to this section.

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



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