Bill Text: CA SB741 | 2023-2024 | Regular Session | Introduced

California Senate Bill 741

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Domestic violence restraining orders: prehearing discovery.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State. Chapter 503, Statutes of 2023. [SB741 Detail]

Download: California-2023-SB741-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 741

Introduced by Senator Min

February 17, 2023

An act to add Section 6309 to the Family Code, relating to domestic violence.

LEGISLATIVE COUNSEL'S DIGEST

SB 741, as introduced, Min. Domestic violence restraining orders: prehearing discovery.

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. Under existing law, the act authorizes the court to issue a protective order, as defined, either ex parte or after a hearing, to restrain a person to prevent the recurrence of domestic violence.

This bill would prohibit prehearing discovery procedures, including, but not limited to, depositions, requests for production, or requests for admission, in procedures for ex parte or other specified domestic violence restraining orders unless specifically authorized by the court for good cause shown upon written motion of a party, filed 6 judicial days prior to the hearing, and served prior to the hearing.

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

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) Domestic violence is an urgent public safety and public health crisis. More than one in three California women and one in seven men experience intimate partner physical violence, intimate partner sexual violence, or intimate partner stalking in their lifetimes. Domestic violence accounts for more than 15 percent of all violent crimes in California and more than 10 percent of all California homicides.

(b) Domestic violence survivors are most at risk when attempting to leave an abusive relationship. Without effective intervention in domestic abuse, the violence often increases in frequency and severity over time. Research has established that the civil domestic violence restraining order is the most effective legal remedy for intervening in and preventing future abuse.

(c) In furtherance of the Legislature’s intent to promote the health and safety of domestic violence survivors and their children, it is the intent of the Legislature to ensure that domestic violence survivors can seek and receive without delay the protection offered by the domestic violence restraining orders, which are remedial injunctive orders intended to offer expedited protection from abuse. It is the intent of the Legislature to prevent future acts of domestic violence by streamlining any prehearing domestic violence restraining order discovery to expedite the adjudication of requests for restraining orders and prevent abusive litigation tactics that interfere with legislative intent.

SEC. 2.

Section 6309 is added to the Family Code, to read:

6309.

(a) The Legislature declares that prehearing discovery should be prohibited in hearings governed by the Domestic Violence Prevention Act, unless specifically authorized by the court.

(b) Prehearing discovery under the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure), including, but not limited to, depositions, requests for production, or requests for admission, shall only be permitted in procedures pursuant to this part if specifically authorized by the court for good cause shown upon written motion of a party, filed six judicial days prior to the hearing, and served prior to the hearing.