SB 99: Military protective orders.

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 an ex parte protective order enjoining a party from, among other things, stalking, battering, or disturbing the peace of the other party. Existing law requires the court, before a hearing on the issuance of a domestic violence restraining order, to ensure that a search is or has been conducted to determine, among other things, if the subject of the proposed order has specified prior criminal convictions, an outstanding warrant, or a prior restraining order or violation of a restraining order.

This bill would additionally require the court to determine if the subject of the proposed order has a current or prior military protective order or prior violation of a military protective order, as specified. The bill would additionally make military protective orders constitute a prima facie case for granting a temporary restraining order. The bill would additionally authorize a court determining whether to issue a protective order to consider whether a military protective order has been issued against the respondent, as specified.

The bill would additionally require a law enforcement officer who receives information at the scene of a domestic violence incident that a military protective order has been issued to verify the existence of that order. The bill would require a law enforcement officer who determines that a military protective order has been issued against a person involved in the domestic violence incident who violates a provision of a domestic violence protective order who is a member of, or otherwise associated with, the Armed Forces of the United States, to notify the law enforcement agency that entered the military protective order that the officer has probable cause to believe the person has violated the restrained party may be in violation of a military protective order. By increasing duties on local law enforcement, this bill would impose a state-mandated local program.

The bill would authorize each county law enforcement agency in the state that petitions for or enforces domestic violence protective orders to develop and adopt memoranda of understanding with military law enforcement or other designated representatives of one or more military installations located in whole or in part within the borders of its jurisdiction that govern the investigation and actions related to domestic violence involving service members assigned to units on those installations, as specified.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.