BILL NUMBER: AB 2089 CHAPTERED
BILL TEXT
CHAPTER 635
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2014
APPROVED BY GOVERNOR SEPTEMBER 26, 2014
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY AUGUST 22, 2014
AMENDED IN SENATE AUGUST 19, 2014
AMENDED IN SENATE JUNE 16, 2014
AMENDED IN SENATE MAY 28, 2014
AMENDED IN ASSEMBLY APRIL 10, 2014
INTRODUCED BY Assembly Member Quirk
(Coauthors: Senators Anderson and Jackson)
FEBRUARY 20, 2014
An act to amend Sections 6203, 6220, 6300, 6301, 6305, and 6340 of
the Family Code, relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
AB 2089, 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 and sexual
abuse 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. 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 preventing acts
of domestic violence, abuse, and sexual abuse and ensuring a period
of separation of the persons involved. The bill would provide that,
in determining whether to grant or deny a protective order, the
length of time since the most recent act of abuse is not, by itself,
determinative. The bill would also require the trial court, if the
court denies a petition to issue a protective order, to provide a
brief statement of the reasons for its decision either in writing or
on the record.
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 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.
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.
SEC. 3. Section 6220 of the Family Code is amended to read:
6220. The purpose of this division is to prevent acts of domestic
violence, abuse, 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.
SEC. 4. Section 6300 of the Family Code is amended to read:
6300. 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 or testimony and 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.
SEC. 5. 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.
SEC. 6. 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 primary aggressor 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.
SEC. 7. 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 denying a petition under this part,
provide a brief statement of the reasons for the decision in writing
or on the record. A decision stating "denied" is insufficient.
(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.