Bill Text: CA AB2369 | 2021-2022 | Regular Session | Chaptered
Bill Title: Domestic Violence Prevention Act: attorney’s fees and costs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2022-09-27 - Chaptered by Secretary of State - Chapter 591, Statutes of 2022. [AB2369 Detail]
Download: California-2021-AB2369-Chaptered.html
Assembly Bill
No. 2369
CHAPTER 591
An act to repeal and add Section 6344 of the Family Code, relating to domestic violence.
[
Approved by
Governor
September 27, 2022.
Filed with
Secretary of State
September 27, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 2369, Salas.
Domestic Violence Prevention Act: attorney’s fees and costs.
Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party.
Existing law authorizes a court to issue an order for the payment of attorney’s fees and costs of the prevailing party. Existing law also requires the court to order that the respondent pay petitioner’s attorney’s fees and costs, in any action in which the petitioner is the prevailing party and cannot afford to pay for the
attorney’s fees, if appropriate, as specified.
This bill would instead, after notice and a hearing, and upon request, require a court to issue an order for the payment of attorney’s fees and costs for a prevailing petitioner. The bill would authorize a court, after notice and a hearing, and upon request, to issue an order for the payment of attorney’s fees and costs for a prevailing respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay. The bill would require the court, before awarding attorney’s fees and costs, to first find that the party ordered to pay has, or is reasonably likely to have, the ability to
pay.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 6344 of the Family Code is repealed.SEC. 2.
Section 6344 is added to the Family Code, to read:6344.
(a) After notice and a hearing, a court, upon request, shall issue an order for the payment of attorney’s fees and costs for a prevailing petitioner.(b) After notice and a hearing, the court, upon request, may issue an order for the payment of attorney’s fees and costs for a prevailing respondent only if the respondent establishes
by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay.
(c) Before a court awards attorney’s fees and costs pursuant to this section, the court shall first determine pursuant to Section 270 that the party ordered to pay has, or is reasonably likely to have, the ability to pay.
