BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Adam B. Schiff, Chairman
1999-2000 Regular Session
AB 933 A
Assembly Member Keeley B
As Amended April 27, 1999
Hearing Date: July 13, 1999 9
Family Code 3
GMO:jt 3
SUBJECT
Arbitration of Community Property Division: Domestic
Violence
DESCRIPTION
This bill would prohibit the court from submitting property
issues in family law cases to arbitration if domestic
violence is alleged to have occurred between the parties or
a protective order is in effect, unless the arbitrator has
had proper training, the arbitration would take place in
the courthouse or where there is adequate security, the
safety of the parties, attorneys and the arbitrator are
safeguarded, and the arbitrator could terminate the
arbitration at any time he or she determines that the
safety of any participant is threatened.
(This analysis reflects author's amendments to be offered
in Committee.)
BACKGROUND
This bill is being sponsored by the California Alliance
Against Domestic Violence to ensure that safeguards are
enacted to protect against violence during arbitration of
community property division disputes, and to allow a
support person to accompany a domestic violence victim to
such an arbitration proceeding.
CHANGES TO EXISTING LAW
(more)
AB 933 (Keeley)
Page 2
Existing law authorizes the court to submit a family law
case to arbitration if the parties are not able to agree in
writing to a voluntary division of the community estate,
and the property in controversy does not exceed, in the
opinion of the court, $50,000. The arbitration is intended
to resolve issues of the character, value, and/or division
of the property.
Existing law also allows the court to submit the matter to
arbitration at anytime it believes the parties are unable
to agree upon a division of the property.
This bill would prohibit the submission of such a case to
arbitration, if domestic violence is alleged to have
occurred between the parties or a protective order is in
effect, unless:
1) the arbitrator has had at least 12 hours of training in
domestic violence, with annual update training of 2 hours
every year; and
2) the arbitration would take place in the courthouse or
other location where there would be adequate security; and
3) the court makes whatever orders are necessary to
safeguard the safety of the parties, the attorneys, and the
arbitrator;
4) the arbitrator could terminate the arbitration session
at any time he or she determines that the safety of any of
the participants is threatened, and refer the matter back
to court.
The bill would further authorize a party who is protected
by an order related to domestic violence, to be accompanied
by a support person at such arbitration proceeding.
COMMENT
1. Stated need for the bill
The author states that AB 933 was introduced to ensure
that during a marital separation, an abused partner is
not exposed to additional emotional turmoil. Generally,
AB 933 (Keeley)
Page 3
emotions run high in family law proceedings, and then
there is the possibility of domestic violence occurring
while parties argue over property issues. Normally, a
judge could submit the case to arbitration, if he or she
felt that the issues could be resolved there.
Arbitration could save the court's time and assist the
parties in reaching agreement. But the risk of further
abuse on the domestic violence victim, or even the safety
of the attorneys and the arbitrator, calls for a more
controlled setting for such arbitration cases.
This bill is intended to protect the victim of domestic
violence from further emotional or psychological abuse
from the other party, during an arbitration proceeding
that the court could order. It would further protect
attorneys participating in the arbitration, as well as
the arbitrator himself or herself.
2. Judicial Council amendments
The amendments to be offered by the author in Committee
are intended to remove the opposition from the California
Judicial Council and the California Judges Association.
The earlier versions would have prohibited the court from
sending the matter to arbitration if one party alleged
domestic violence against the other, or the existence of
a protective order is brought to the attention of the
court.
As amended, the bill would authorize the court, in
appropriate cases (where it opines that the community
property/quasi-community property in controversy is
valued at less than $50,000 or where the division of the
property is in dispute) to submit the case to
arbitration, under specified conditions that are directed
at the safety of the parties, attorneys, and the
arbitrator during the arbitration.
3. Support person for domestic violence victim permitted
Existing law authorizes the presence of a support person
in a mediation session, to provide moral and emotional
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Page 4
support to the person for whom a protective order had
been issued by the court against the other party to the
mediation. Such a support person can be excluded from
the mediation if he or she participates in the session,
acts as an advocate, or otherwise disrupts the session.
This bill would allow a support person to accompany a
person who is a victim of domestic violence to an
arbitration proceeding as ordered by the court. The same
rules regarding the role of the support person at a
mediation session would apply to an arbitration session.
Support: The Riley Center/Emergency Center; Family Law
Section of the State Bar; California Dispute
Resolution Council; Sheriff-Coroner of the County of
Santa Cruz
Opposition: None Known
HISTORY
Source: California Alliance Against Domestic Violence
Related Pending Legislation: None Known
Prior Legislation: None Known
Prior Vote: Asm. Jud. (Ayes 14. Noes 0.); Asm. Flr. (Ayes
76. Noes 0.)
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