Amended in Senate June 16, 2014

Amended in Senate May 28, 2014

Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2089

Introduced by Assembly Member Quirk

February 20, 2014

An act to amend Sections 6203, begin insert 6220, end insert 6300, 6301, 6305, begin delete 6340, and 6345 end delete begin delete of, and to repeal and add Section 6220 of, end delete begin insert and 6340 of end insert the Family Code, relating to domestic violence.

LEGISLATIVE COUNSEL’S DIGEST

AB 2089, as amended, Quirk. Domestic violence: protective orders.

The Domestic Violence Prevention Act authorizes a judicial officer to issue a protective order after notice and a hearing for the purpose of preventing a recurrence of domestic violence begin insert and sexual abuse end insert and ensuring a period of separation of the persons involved, based on an affidavit showing reasonable proof of past abuse. The act defines domestic violence as abuse perpetrated against specified persons, and further defines abuse within that context. begin delete Under existing law, failure to state the expiration date of the order, as specified, creates an order with a duration of 3 years from the date of issuance. end delete Existing law requires, under certain circumstances, the clerk of the court to submit the proof of service of a protective order directly into the Department of Justice Domestic Violation Restraining Order System.

This bill would instead authorize the issuance of a protective order after notice and a hearing for the purpose of begin delete providing expeditious and effective protection from abuse to ensure that the lives of domestic violence victims and their children will be as safe, secure, and uninterrupted as possible. end delete begin insert preventing acts of domestic violence, abuse, and sexual abuse and ensuring a period of separation of the persons involved. end insert The bill would provide begin delete that these orders may be issued on the basis of evidence of past abuse, without any showing that the wrongful acts will be continued or repeated, and that end delete begin insert that, in determining whether to grant or deny a protective order, end insert the length of time since the most recent act of abuse is not, by itself, determinative. The bill would also require the trial court to begin delete state its reasons for denying a protective order in writing or on the record. The bill would provide that failure to state the expiration date of the order creates an order with a duration of 5 years from the date of issuance. end delete begin insert provide a brief statement of the reasons for its decision to issue or deny a protective order either in writing or on the record. end insert

Existing law authorizes the court to issue a mutual order enjoining the parties from specific acts of abuse if both parties personally appear, each party presents written evidence of abuse or domestic violence, and the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense.

This bill would begin delete instead authorize the issuance of a mutual order if both parties acted as a dominant aggressor. The bill would provide that use of the term “dominant aggressor” is not intended to impact decisional law regarding these provisions and that decisional law should apply equally to these provisions as they refer to “dominant aggressor” in place of “primary aggressor.” end delete begin insert provide that, for the purposes of these provisions, a court should consider specified provisions relating to dominant aggressors in determining if both parties acted primarily as aggressors. end insert

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

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Every person has a right to be safe and free from violence
and abuse in his or her home and intimate relationships.

(b) Domestic violence is a pervasive public safety and public
health problem that affects people of all income levels, cultures,
religions, ages, ethnic backgrounds, sexual orientations, and
neighborhoods.

(c) Domestic violence is not limited to actual and threatened
physical acts of violence, but also includes sexual abuse, stalking,
psychological and emotional abuse, financial control, property
control, and other behaviors by the abuser that are designed to
exert coercive control and power over the victim.

(d) There is a positive correlation between domestic violence
and child abuse, and children, even when they are not physically
assaulted, suffer deep and lasting emotional, health, and behavioral
effects from exposure to domestic violence.

(e) Domestic violence victims face significant barriers to safely
leaving an abusive relationship, including, but not limited to, a
risk of retaliation and escalated violence by the abuser, concerns
over the safety and custody of their children, an impending loss
of financial support and housing, the responsibility for other
household members and pets, and difficulties accessing legal and
community systems to seek protection from abuse.

(f) Studies have shown that obtaining a civil protective order
against an abuser can increase a victim’s safety, decrease a victim’s
fear of future harm, and improve a victim’s overall sense of well
being and self-esteem.

(g) Because the issuance of civil protective orders often results
in declines in domestic violence, public money spent on protective
order intervention produces significant cost savings to society,
including decreasing victims’ time off from work, property loss,
use of health services, and use of community, legal, and criminal
justice interventions.

(h) Civil protective orders are most effective when they offer
comprehensive relief to address the various barriers victims face
when safely separating from an abuser, are specific in their terms,
and are consistently enforced.

(i) For these reasons, the effective issuance and enforcement of
civil protective orders are of paramount importance in the State
of California as a means for promoting safety, reducing violence
and abuse, and preventing serious injury and death.

SEC. 2.  

Section 6203 of the Family Code is amended to read:

6203.  

(a) For purposes of this act, “abuse” means any of the
following:

(1) Intentionally or recklessly to cause or attempt to cause bodily
injury.

(2) Sexual assault.

(3) To place a person in reasonable apprehension of imminent
serious bodily injury to that person or to another.

(4) To engage in any behavior that has been or could be enjoined
pursuant to Section 6320.

(b) Abuse is not limited to the actual infliction of physical injury
or assault.

begin delete

SEC. 3.  

Section 6220 of the Family Code is repealed.

end delete

begin delete

SEC. 4.  

Section 6220 is added to the Family Code, to read:

6220.  

The purpose of this division is to provide expeditious
and effective protection from abuse to ensure that the lives of
domestic violence victims and their children will be as safe, secure,
and uninterrupted as possible.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 6220 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

6220.  

The begin delete purposes end delete begin insert purpose end insert of this division begin delete are end delete begin insert is end insert to prevent
begin delete the recurrence of end delete acts of begin delete violence end delete begin insert domestic violence, abuse, end insert and
sexual abuse and to provide for a separation of the persons involved
in the domestic violence for a period sufficient to enable these
persons to seek a resolution of the causes of the violence.

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

Section 6300 of the Family Code is amended to read:

6300.  

begin delete (a) end delete begin delete   end delete An order may be issued under this part, with or
without notice, to restrain any person for the purpose specified in
Section 6220, if an affidavit begin delete or, if necessary, an affidavit and end delete begin insert or
testimony and end insert any additional information provided to the court
pursuant to Section 6306, shows, to the satisfaction of the court,
reasonable proof of a past act or acts of abuse. The court may issue
an order under this part based solely on the affidavit or testimony
of the person requesting the restraining order.

begin delete

(b) An order under this part may be issued on the basis of
evidence of past abuse, without any showing that the wrongful
acts will be continued or repeated.

end delete

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

Section 6301 of the Family Code is amended to read:

6301.  

(a) An order under this part may be granted to any person
described in Section 6211, including a minor pursuant to
subdivision (b) of Section 372 of the Code of Civil Procedure.

(b) The right to petition for relief shall not be denied because
the petitioner has vacated the household to avoid abuse, and in the
case of a marital relationship, notwithstanding that a petition for
dissolution of marriage, for nullity of marriage, or for legal
separation of the parties has not been filed.

(c) The length of time since the most recent act of abuse is not,
by itself, determinative. The court shall consider the totality of the
circumstances in determining whether a petition for relief will be
granted or denied.

begin delete SEC. 7. end delete
begin insert SEC. 6. end insert   

Section 6305 of the Family Code is amended to read:

6305.  

(a) The court shall not issue a mutual order enjoining
the parties from specific acts of abuse described in Section 6320
unless both of the following apply:

(1) Both parties personally appear and each party presents
written evidence of abuse or domestic violence.

(2) The court makes detailed findings of fact indicating that
both parties acted as a begin delete dominant aggressor end delete begin insert primary aggressor end insert and
that neither party acted primarily in self-defense.

(b) For purposes of subdivision (a), in determining if both parties
acted primarily as aggressors, the court shall consider the
provisions concerning dominant aggressors set forth in paragraph
(3) of subdivision (c) of Section 836 of the Penal Code.

begin delete

(c) The amendments made to this section by the act that added
this subdivision are not intended to impact any existing decisional
law regarding this section, and that decisional law should apply
equally to this section as it refers to “dominant aggressor” in place
of “primary aggressor.”

end delete

begin delete SEC. 8. end delete
begin insert SEC. 7. end insert   

Section 6340 of the Family Code is amended to read:

6340.  

(a) The court may issue any of the orders described in
Article 1 (commencing with Section 6320) after notice and a
hearing. When determining whether to make any orders under this
subdivision, the court shall consider whether failure to make any
of these orders may jeopardize the safety of the petitioner and the
children for whom the custody or visitation orders are sought. If
the court makes any order for custody, visitation, or support, that
order shall survive the termination of any protective order. The
Judicial Council shall provide notice of this provision on any
Judicial Council forms related to this subdivision.

(b) The court shall, upon approving or denying a petition under
this part, begin delete state its reasons in writing or on the record. end delete begin insert provide a
brief statement of the reasons for the decision in writing or on the
record. A decision stating “granted” or “denied” is insufficient. end insert

(c) The court may issue an order described in Section 6321
excluding a person from a dwelling if the court finds that physical
or emotional harm would otherwise result to the other party, to a
person under the care, custody, and control of the other party, or
to a minor child of the parties or of the other party.

begin delete

SEC. 9.  

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 five 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 five
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. The
request for renewal may be brought at any time within the three
months before the expiration of the orders.

(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 five years from the date
of issuance.

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

end delete