Bill Text: CA AB2936 | 2021-2022 | Regular Session | Introduced

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Bill Title: Restraining orders: ex parte.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-02-19 - From printer. May be heard in committee March 21. [AB2936 Detail]

Download: California-2021-AB2936-Introduced.html

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CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2936

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Introduced by Assembly Member Cunningham

February 18, 2022

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An act to amend Section 242 of the Family Code, relating to restraining orders.

LEGISLATIVE COUNSEL'S DIGEST

AB 2936, as introduced, Cunningham. Restraining orders: ex parte.

Existing law governs the issuance of, and notice and hearings regarding, an ex parte temporary restraining order. Existing law limits the circumstances when a court may grant a temporary restraining order without notice to the respondent, as specified. Existing law requires a hearing to be held on a petition for an ex parte restraining order within 21 days, or, if good cause appears to the court, 25 days from the date that a temporary restraining order is granted or denied.

This bill would make technical, nonsubstantive changes to the above-described provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 242 of the Family Code is amended to read:

242.

 (a) Within 21 days, or, if good cause appears to the court, 25 days from the date that a temporary restraining order is granted or denied, a hearing shall be held on the petition. If no request for a temporary restraining order is made, A hearing shall be held on a petition within 21 days, or, if good cause appears to the court, within 25 days from the date that a temporary restraining order is granted or denied. If a request for a temporary restraining order is not made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days from the date that the petition is filed.

(b) If a hearing is not held within the time provided in subdivision (a), the court may nonetheless hear the matter, but the temporary restraining order shall no longer be enforceable unless it is extended under pursuant to Section 245.