BILL NUMBER: AB 933 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 26, 1999
PASSED THE SENATE AUGUST 19, 1999
AMENDED IN SENATE AUGUST 16, 1999
AMENDED IN ASSEMBLY APRIL 27, 1999
INTRODUCED BY Assembly Member Keeley
FEBRUARY 25, 1999
An act to amend Sections 2554 and 6303 of the Family Code,
relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
AB 933, Keeley. Arbitration: domestic violence.
(1) Under existing law, in any case where the parties do not agree
in writing to a voluntary division of the community estate, the
issues of the character, value, and division of the community estate
may be submitted by the court to arbitration for resolution, as
specified.
This bill would prohibit submission to arbitration if the court
finds domestic violence between the parties has occurred or is likely
to occur or a protective order is in effect, unless specified
conditions exist. The bill would also authorize the court to make
any order necessary for the safety of the parties and arbitrator and
authorize the arbitrator to terminate a session if that safety is
threatened.
(2) Existing law authorizes a party, who is protected by a
protective order relating to alleged domestic violence, to be
accompanied by a support person during any mediation orientation or
session held pursuant to specified family law proceedings.
This bill would expand that authorization to any arbitration
orientation or session held pursuant to arbitration proceedings
described in (1) above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2554 of the Family Code is amended to read:
2554. (a) Notwithstanding any other provision of this division,
in any case in which the parties do not agree in writing to a
voluntary division of the community estate of the parties, the issue
of the character, the value, and the division of the community estate
may be submitted by the court to arbitration for resolution pursuant
to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part
3 of the Code of Civil Procedure, if the total value of the community
and quasi-community property in controversy in the opinion of the
court does not exceed fifty thousand dollars ($50,000). The decision
of the court regarding the value of the community and
quasi-community property for purposes of this section is not
appealable.
(b) The court may submit the matter to arbitration at any time it
believes the parties are unable to agree upon a division of the
property.
(c) If, at the time the court submits the matter to arbitration,
either party informs the court that he or she objects to arbitration
due to concerns about domestic violence between the parties, or one
of the parties and any of the parties' children, the court shall
determine if submission to arbitration is appropriate. If the court
determines that there is a domestic violence protective order in
effect or that domestic violence has occurred between the parties or
is likely to occur, the court shall not submit the matter to
arbitration unless both of the following conditions are complied
with:
(1) The arbitrator has completed at least 12 hours of domestic
violence training and two hours of update training each year
thereafter.
(2) The arbitration shall take place in the courthouse or in
another location in which there is adequate security.
(d) When the court submits the matter to arbitration, the court
may make any order that is necessary to ensure the safety of the
parties, their attorneys, and the arbitrator.
(e) An arbitrator may terminate an arbitration session under this
section and refer the matter back to the court at any time that the
arbitrator determines that the safety of any of the participants is
threatened.
SEC. 2. Section 6303 of the Family Code is amended to read:
6303. (a) It is the function of a support person to provide moral
and emotional support for a person who alleges he or she is a victim
of domestic violence. The person who alleges that he or she is a
victim of domestic violence may select any individual to act as a
support person. No certification, training, or other special
qualification is required for an individual to act as a support
person. The support person shall assist the person in feeling more
confident that he or she will not be injured or threatened by the
other party during the proceedings where the person and the other
party must be present in close proximity. The support person is not
present as a legal adviser and shall not give legal advice.
(b) A support person shall be permitted to accompany either party
to any proceeding to obtain a protective order, as defined in Section
6218. Where the party is not represented by an attorney, the
support person may sit with the party at the table that is generally
reserved for the party and the party's attorney.
(c) Notwithstanding any other provision of law to the contrary, if
a court has issued a protective order, a support person shall be
permitted to accompany a party protected by the order during any
mediation orientation or mediation session, including separate
mediation sessions held pursuant to a proceeding described in Section
3021 or any arbitration orientation or session held pursuant to
Section 2554. The agency charged with providing family court
services, or the arbitrator, shall advise the party protected by the
order of the right to have a support person during mediation or
arbitration. A mediator or arbitrator may exclude a support person
from a mediation or arbitration session if the support person
participates in the session, or acts as an advocate, or the presence
of a particular support person is disruptive or disrupts the process
of mediation or arbitration. The presence of the support person does
not waive the confidentiality of the mediation or arbitration, and
the support person is bound by the confidentiality of the mediation
or arbitration.
(d) In a proceeding subject to this section, a support person
shall be permitted to accompany a party in court where there are
allegations or threats of domestic violence and, where the party is
not represented by an attorney, may sit with the party at the table
that is generally reserved for the party and the party's attorney.
(e) Nothing in this section precludes a court from exercising its
discretion to remove a person from the courtroom when it would be in
the interest of justice to do so, or when the court believes the
person is prompting, swaying, or influencing the party protected by
the order.