BILL NUMBER: AB 2914	CHAPTERED  07/05/00

	CHAPTER   90
	FILED WITH SECRETARY OF STATE   JULY 5, 2000
	APPROVED BY GOVERNOR   JULY 5, 2000
	PASSED THE SENATE   JUNE 22, 2000
	PASSED THE ASSEMBLY   MAY 11, 2000

INTRODUCED BY   Committee on Judiciary (Kuehl (Chair), Ackerman (Vice
Chair), Aroner, Bates, Bock, Corbett, House, Jackson, Longville,
Robert Pacheco, Shelley, Steinberg, and Wiggins)

                        MARCH 15, 2000

   An act to amend Section 243 of the Family Code, relating to
domestic violence, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2914, Committee on Judiciary.    Temporary restraining orders.
   Existing law provides for the issuance of temporary restraining
orders.  If a temporary restraining order has been issued without
notice pending the hearing on the order, the applicant must have
served on the respondent, at least 5 days before the hearing, the
order to show cause, the application and the affidavits, as
specified, and any other supporting papers filed with the court.
   This bill would additionally provide that where a temporary
restraining order is issued with notice pending the hearing, the
applicant must serve on the respondent the documents described above
at least 15 days before the hearing.
   The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 243 of the Family Code is amended to read:
   243.  (a) When the matter first comes up for hearing, the
applicant must be ready to proceed.
   (b) If an order described in Section 240 has been issued without
notice pending the hearing, the applicant must have served on the
respondent, at least five days before the hearing, a copy of each of
the following:
   (1) The order to show cause.
   (2) The application and the affidavits and points and authorities
in support of the application.
   (3) Any other supporting papers filed with the court.
   (c) If an order described in Section 240 has been issued with
notice pending the hearing, the applicant must have served on the
respondent the documents described in subdivision (b) at least 15
days before the hearing.
   (d) If the applicant fails to comply with subdivision (a) and
either subdivision (b) or (c), the court shall dissolve the order.
   (e) If service is made under subdivision (b), the respondent is
entitled, as of course, to one continuance for a reasonable period,
to respond to the application for the order.
   (f) On motion of the applicant or on its own motion, the court may
shorten the time provided in this section for service on the
respondent.
   (g) The respondent may, in response to the order to show cause,
present affidavits relating to the granting of the order, and if the
affidavits are served on the applicant at least two days before the
hearing, the applicant is not entitled to a continuance on account of
the affidavits.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to ensure that these provisions related to temporary
restraining orders are consistent with other provisions of law
governing the time period for the service of documents, it is
necessary that this act take effect immediately.