BILL NUMBER: AB 99	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cohn
   (Principal coauthor: Senator Alquist)

                        JANUARY 11, 2005

   An act to amend Sections 6345 and 6361 of the Family Code,
relating to protective orders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 99, as introduced, Cohn.   Protective orders: expiration.
   Under existing law, in the discretion of the court, the personal
conduct, stay-away, and residence exclusion orders contained in a
court order issued after notice and a hearing may have a duration of
not more than 3 years, subject to termination or modification by
further order of the court, as specified.
   This bill would provide that these protective orders may have a
duration of not more than 10 years, in the discretion of the court.
The bill would make an additional conforming change.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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


  SECTION 1.  Section 6345 of the  Family Code  is amended to read:
   6345.  (a) In the discretion of the court, the personal conduct,
stay-away, and residence exclusion orders contained in a court order
issued after notice and a hearing under this article may have a
duration of not more than   three   10 
years, subject to termination or modification by further order of the
court either on written stipulation filed with the court or on the
motion of a party. These orders may be renewed, upon the request of a
party, either for three years or permanently, without a showing of
any further abuse since the issuance of the original order, subject
to termination or modification by further order of the court either
on written stipulation filed with the court or on the motion of a
party.(b) Notwithstanding subdivision (a), the duration of any
orders, other than the protective orders described in subdivision
(a), that are also contained in a court order issued after notice and
a hearing under this article, including, but not limited to, orders
for custody, visitation, support, and disposition of property, shall
be governed by the law relating to those specific subjects.
   (c) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
  SEC. 2.  Section 6361 of the  Family Code  is amended to read:
   6361.  If an order is included in a judgment pursuant to this
article, the judgment shall state on its face both of the following:
(a) Which provisions of the judgment are the orders.
   (b) The date of expiration of the orders, which shall be not more
than   three   10  years from the date the
judgment is issued, unless extended by the court after notice and a
hearing.