BILL ANALYSIS �
AB 2089
Page 1
ASSEMBLY THIRD READING
AB 2089 (Quirk)
As Amended April 10, 2014
Majority vote
JUDICIARY 9-0 APPROPRIATIONS 17-0
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|Ayes:|Wieckowski, Wagner, Chau, |Ayes:|Gatto, Bigelow, |
| |Dickinson, Garcia, | |Bocanegra, Bradford, Ian |
| |Gorell, Maienschein, | |Calderon, Campos, |
| |Muratsuchi, Stone | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Revises and clarifies the issuance of domestic
violence restraining orders under the Domestic Violence
Protective Act (DVPA). Specifically, this bill :
1)States that the purpose of the DVPA 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.
2)Provides that abuse is not limited to the actual infliction of
physical abuse or assault.
3)Provides that a court may issue a restraining order based
solely on the affidavit or testimony of the person requesting
the order. Provides that an order may be issued on the basis
of past abuse without any showing that the wrongful acts will
be continued or repeated.
4)Provides that a court may not deny an order under the DVPA,
based in whole or in part: a) on the length of time between
the issuance of the ex parte order and the hearing on the
permanent order; or b) the absence of abuse during that time.
Provides that a court may not deny an order under the DVPA
based solely on the length of time since the last abuse if the
last abuse occurred within five years of filing the petition
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for the restraining order. If the last incident of abuse
occurred more than five years prior to the filing, allows the
court to issue an order under the DVPA.
5)Prohibits a court from issuing mutual restraining orders
unless the court finds that: a) both parties personally
appear and present written evidence of abuse; and b) the court
makes detailed findings indicating that both parties acted as
a dominant aggressor, as defined, and that neither party acted
primarily in self-defense. Provides that the change from
"primary aggressor" to "dominant aggressor" is not intended to
impact existing case law and that existing case law should
apply equally, regardless of which term is used.
6)Requires a court, upon approving or denying an order under the
DVPA, to state its reasons in writing or on the record.
7)Provides that if a permanent restraining order does not have
an expiration date, that order shall be valid for five years.
8)States the intent of the Legislature that, among other things:
a) 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 neighborhood;
b) 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;
c) Domestic violence victims face significant barriers to
safely leaving an abusive relationship, including risk of
retaliation, concerns over the safety of their children,
loss of financial support and housing, and difficulties
accessing legal and community systems to seek protection
from abuse;
d) Studies have shown that obtaining a civil protective
order against an abuser can increase a victim's safety;
e) Public money spent on protective order intervention
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produces significant cost savings to society;
f) 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; and
g) The effective issuance and enforcement of civil
protective orders are of paramount importance in the State
of California.
EXISTING LAW :
1)Authorizes, under the DVPA, a court to issue and enforce a
domestic violence restraining order, including an emergency
protective order, a temporary restraining order, and a
permanent restraining order.
2)States that the purposes of the DVPA are to prevent the
recurrence of acts of violence and sexual abuse and to provide
for a separation of those involved in the domestic violence
for a period sufficient to enable them to seek a resolution of
the causes of the violence. Provides that a court may issue
an order under the DVPA for the purpose of preventing a
recurrence of domestic violence and ensuring a period of
separation of the persons involved.
3)Provides that an order under the DVPA shall not be denied
because the petitioner has vacated the household to avoid the
abuse or filed for dissolution or legal separation.
4)Prohibits a court from issuing a mutual restraining order,
unless: a) both parties personally appear and present written
evidence of abuse; and b) the court makes detailed findings
indicating that both parties acted primarily as aggressors and
that neither party acted primarily in self-defense.
5)Defines, under the Penal Code, dominant aggressor in domestic
violence, as the person determined to be the most significant,
rather than the first, aggressor. In identifying the dominant
aggressor, consideration must be given to: a) the intent of
the law to protect victims of domestic violence from
continuing abuse; b) the threats creating fear of physical
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injury; c) the history of domestic violence between the
persons involved; and d) whether either person involved acted
in self-defense.
6)Provides that a permanent order made after hearing under the
DVPA may have a duration of no more than five years, subject
to termination or modification. An order may be renewed, upon
request of either party, for either five years or permanently,
without a showing of any further abuse since issuance of the
original order.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, the requirement that a court's reasons for approving
or denying a petition be in writing or on the record puts
potential, cost pressure on the 30 courts that no longer provide
court reporters for civil, family and probate proceedings.
COMMENTS : This bill, sponsored by the California Partnership to
End Domestic Violence, seeks to update and strengthen
protections violence in the DVPA to better protect victims of
domestic.
Domestic violence is a serious criminal justice and public
health problem most often perpetrated against women. Prevalence
of domestic violence at the national level ranges from 960,000
to three million women each year who are physically abused by
their husbands or boyfriends. While the numbers are staggering,
they only include those cases of reported domestic violence. In
fact, according to a 1998 Commonwealth Fund survey of women's
health, nearly 31% of American women report being physically or
sexually abused by a husband or boyfriend at some point in their
lives.
Domestic violence continues to be a significant problem in
California. In 2005, the Attorney General's Task Force on
Domestic Violence reported that:
The health consequences of physical and psychological
domestic violence can be significant and long lasting,
for both victims and their children... A study by the
California Department of Health Services of women's
health issues found that nearly six percent of women,
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or about 620,000 women per year, experienced violence
or physical abuse by their intimate partners. Women
living in households where children are present
experienced domestic violence at much higher rates
than women living in households without children:
domestic violence occurred in more than 436,000
households per year in which children were present,
potentially exposing approximately 916,000 children to
violence in their homes every year.
This bill seeks to address the devastating effects of domestic
violence by better protecting victims and their families through
the restraining order process.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0003273