BILL NUMBER: AB 118	INTRODUCED
	BILL TEXT


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

                        JANUARY 13, 2005

   An act to amend Section 6320 of the Family Code, relating to
protective orders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 118, as introduced, Cohn.   Protective orders: minor children.
   Existing law authorizes the court to issue an ex parte order
enjoining a party from molesting, attacking, striking, stalking,
threatening, sexually assaulting, battering, harassing, telephoning,
destroying personal property, contacting, coming within a specified
distance of, or disturbing the peace of the other party, and, in the
discretion of the court, on a showing of good cause, of other named
family or household members.
   This bill would require the court, if there is a minor child of
the parties or of the other party, or a minor child under the care,
custody, or control of the other party, to specifically state on the
order the type of contact, if any, permitted between the enjoined
party and the child.
   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 6320 of the  Family Code  is amended to read:
   6320.   (a)    The court may issue an ex parte
order enjoining a party from molesting, attacking, striking,
stalking, threatening, sexually assaulting, battering, harassing,
telephoning, including, but not limited to, annoying telephone calls
as described in Section 653m of the Penal Code, destroying personal
property, contacting, either directly or indirectly, by mail or
otherwise, coming within a specified distance of, or disturbing the
peace of the other party, and, in the discretion of the court, on a
showing of good cause, of other named family or household members.
 (b)  Notwithstanding subdivision (a), if there is a minor child
of the parties or of the other party, or a minor child under the
care, custody, or control of the other party, the court shall
specifically state on the order the type of contact, if any,
permitted between the enjoined party and the child.