Existing law authorizes a court to issue an order to restrain any person in order 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. Existing law further authorizes a court to, after notice and hearing, issue an order requiring the restrained party to participate in a batterers program, as specified.

This bill would, commencing July 1, 2016, require a restrained party ordered to participate in a batterers program to register for the program by a specified deadline, to, at the time of enrollment, sign all necessary program consent forms for the program to release specified documents, including proof of enrollment, to the court and the protected party or his or her attorney, and to provide the court and the protected party with specified information regarding the program. The bill would require the Judicial Council, by July 1, 2016, to revise or promulgate forms as necessary to effectuate these provisions.

Existing law authorizes a court to issue an order to restrain any person in order 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. Existing law further authorizes a court to, after notice and hearing, issue an order requiring the restrained party to participate in a batterers program, as specified.

This bill would, commencing July 1, 2016, require a restrained party ordered to participate in a batterers program to register for the program by a specified deadline, to, at the time of enrollment, sign all necessary program consent forms for the program to release specified documents, including proof of enrollment, to the court and the protected party or his or her attorney, and to provide the court and the protected party with specified information regarding the program. The bill would require the Judicial Council, by July 1, 2016, to revise or promulgate forms as necessary to effectuate these provisions.

Existing law authorizes a court to issue an order to restrain any person in order 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. Existing law further authorizes a court to, after notice and hearing, issue an order requiring the restrained party to participate in a batterers program, as specified.

This bill would, commencing July 1, 2016, require a restrained party ordered to participate in a batterers program to register for the program by a specified deadline and deadline, to, upon at the time of enrollment, sign all necessary program consent forms for the program to release specified documents, including proof of enrollment, to the court and the protected party or his or her attorney. attorney, and to provide the court and the protected party with specified information regarding the program. The bill would require the Judicial Council, by July 1, 2016, to amend the existing restraining order forms or develop a new form for use by courts that includes these requirements. revise or promulgate forms as necessary to effectuate these provisions.

Existing law authorizes a court to issue an order to restrain any person in order 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. Existing law further authorizes a court to, after notice and hearing, issue an order requiring the restrained party to participate in a batterers program, as specified.

This bill would, commencing July 1, 2016, require a restrained party ordered to participate in a batterers program to register for the program by a specified deadline and to, upon enrollment, sign all necessary program consent forms for the program to release specified documents, including proof of enrollment, to the court and the protected party or his or her attorney. The bill would require the Judicial Council to amend the existing restraining order forms or develop a new form for use by courts that includes these requirements.

 CONSENT  

Bill No: AB 439

Author: Bloom (D)

Amended: 4/8/15 in Assembly

Vote: 21

SENATE JUDICIARY COMMITTEE: 7-0, 6/9/15

AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski

SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for vote

SUBJECT: Protective orders: batterer’s program

SOURCE: Executive Committee of the Family Law Section of the State Bar

DIGEST: This bill requires a restrained party, who has been ordered to participate in a batterer’s program, to register for the program by the deadline ordered by the court, or within 30 days if no deadline is indicated. This bill requires that at the time of enrollment, the restrained party sign all necessary program consent forms for the program to release specified documents, including attendance records, to the court and the protected party, and to provide the court and the protected party with specified information regarding the program. This bill additionally requires the Judicial Council, by July 1, 2016, revise or promulgate forms as necessary to effectuate the above provisions.

ANALYSIS:

Existing law:

1. Authorizes a court, under the Domestic Violence Prevention Act, to issue and enforce a domestic violence restraining order, including an emergency protective order, a temporary restraining order, and a permanent restraining order. (Fam. Code Sec. 6300 et seq.)

2. Provides that after notice and a hearing, a court may require a restrained party to participate in a batterer’s program approved by the probation department, as provided. (Fam. Code Sec. 6343.)

This bill:

1. Provides, commencing July 1, 2016, that if the court orders a restrained party to participate in a batterer’s program pursuant, the restrained party shall do all of the following:

• Register for the program by the deadline ordered by the court, but if no deadline is ordered by the court, the restrained party shall register no later than 30 days from the date the order was issued;

• At the time of enrollment, sign all necessary program consent forms for the program to release proof of enrollment, attendance records, and completion or termination reports to the court and the protected party, or his or her attorney; and

• Provide the court and the protected party with the name, address, and telephone number of the program.

2. Requires, by July 1, 2016, the Judicial Council to revise or promulgate forms as necessary to effectuate the provisions above.

Background

With the establishment of pro-arrest policies in the 1980s, increasing numbers of batterers were seen in criminal courts across the country. Initially, many batterers were sentenced to jail. Many victims began complaining that while they wanted the domestic violence to stop, they did not want their partners incarcerated. Thus, today most District Attorneys prosecute domestic violence cases as misdemeanors, rather than as felonies. In order to hold batterers accountable without sentencing them to jail time, many batterers are ordered to participate in batterer’s intervention programs. These 52-week programs are at the center of California’s criminal justice response to domestic violence.

Although early evaluations suggested that batterer’s intervention programs reduced domestic violence, subsequent studies showed little to no reduction. This is, in part, because so many participants fail to complete their programs. Estimates of non-completion offered by probation officers is somewhere between 30% and 50%, and the only county that tracks this data reported a non-completion rate of 89%. (“Reducing Domestic Violence and Other Criminal Recidivism: Effectiveness of multilevel batterers intervention program.” Coulter, Martha; VandeWeerd, Carla, Source: Violence and Victims, Volume 24, Number 2, 2009, p. 6.) However, when batterers complete the assigned programs, the risk of arrest, for both domestic violence and other crimes, is lowered. (Id. at 139-152.)

Accordingly, the law now requires, that when a defendant is convicted of criminal domestic violence, the court and the probation department are notified when the defendant enrolls in a court-ordered batterer’s intervention program and also notified if the defendant fails to complete the program. However, when courts issue civil domestic violence prevention orders, there is no corresponding requirement that the court be informed of the batterer’s enrollment in, or completion of, the program. To help ensure that batterers complete court-ordered programs in a timely manner, this bill requires a restrained party register for a court-ordered program by the deadline provided by the court, or within 30 days if no deadline is indicated. This bill also aids in data collection by requiring that the restrained party sign all necessary program consent forms for the program to release information, including attendance records, to the court and the protected party.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 6/22/15)

Executive Committee of the Family Law Section of the State Bar (source)

California Partnership to End Domestic Violence

California Police Chiefs Association

OPPOSITION: (Verified 6/22/15)

None received

ARGUMENTS IN SUPPORT: The Executive Committee of the Family Law Section of the State Bar, sponsor of this bill, writes:

Under existing law, the victim of domestic violence does not have a way of monitoring the restrained party’s enrollment and progress in a court ordered batterer’s program. The victim and his or her attorney does not have any way of ensuring that the restrained party has timely enrolled and completed the program successfully. Due to confidentiality, the program will not release confirmation of the restrained party’s enrollment, attendance and either successful completion or termination of the program. And yet, this information is shared in a criminal domestic violence case. This information is necessary and important as it enables the court and the victim to ascertain if the restrained party is taking steps to address the issues and actions that led to the issuance of a restraining order, and whether the restrained party is making progress in the program. Such information is valuable to the court and the victim as it can provide the court with information to protect the victim and allow the court to continue monitoring the restrained party’s progress and any threat to the victim, as well as address any continued restrictions or modifications to a parenting plan, to ensure the protection of the minor children.

ASSEMBLY FLOOR: 77-0, 4/30/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Campos, Chávez, Gomez

Prepared by: Nichole Rapier / JUD. / (916) 651-4113

6/23/15 11:35:10

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015-2016 Regular Session

Bill No: AB 439 (Author:Bloom)

Version: April 8, 2015

Hearing Date: June 9, 2015

Fiscal: Yes

Urgency: No

Consultant: NR

SUBJECT

Protective orders: batterer’s program

DESCRIPTION

This bill, would require a restrained party, who has been ordered to participate in a batterer’s program, to register for the program by the deadline ordered by the court, or within 30 days if no deadline is indicated. This bill would require that at the time of enrollment, the restrained party sign all necessary program consent forms for the program to release specified documents, including attendance records, to the court and the protected party, and to provide the court and the protected party with specified information regarding the program.

This bill would additionally require the Judicial Council, by July 1, 2016, revise or promulgate forms as necessary to effectuate the above provisions.

BACKGROUND

With the establishment of pro-arrest policies in the 1980s, increasing numbers of batterers were seen in criminal courts across the country. Initially, many batterers were sentenced to jail. Many victims began complaining that while they wanted the domestic violence to stop, they did not want their partners incarcerated. Thus, today most District Attorneys prosecute domestic violence cases as misdemeanors, rather than as felonies. In order to hold batterers accountable without sentencing them to jail time, many batterers are ordered to participate in batterer’s intervention programs. These 52-week programs are at the center of California’s criminal justice response to domestic violence.

Although early evaluations suggested that batterer’s intervention programs reduced domestic violence, subsequent studies showed little to no reduction. This is, in part, because so many participants fail to complete their programs. Estimates of non-completion offered by probation officers is somewhere between 30 and 50 percent, and the only county that tracks this data reported a non-completion rate of 89 percent. (“Reducing Domestic Violence and Other Criminal Recidivism: Effectiveness of multilevel batterers intervention program.” Coulter, Martha; VandeWeerd, Carla

Source: Violence and Victims, Volume 24, Number 2, 2009, p. 6.) However, when batterers complete the assigned programs, the risk of arrest, for both domestic violence and other crimes, is lowered. (Id. at 139-152.)

Accordingly, the law now requires, that when a defendant is convicted of criminal domestic violence, the court and the probation department are notified when the defendant enrolls in a court-ordered batterer’s intervention program and also notified if the defendant fails to complete the program. However, when courts issue civil domestic violence prevention orders, there is no corresponding requirement that the court be informed of the batterer’s enrollment in, or completion of, the program. To help ensure that batterers complete court-ordered programs in a timely manner, this bill would require a restrained party register for a court-ordered program by the deadline provided by the court, or within 30 days if no deadline is indicated. This bill would also aid in data collection by requiring that the restrained party sign all necessary program consent forms for the program to release information, including attendance records, to the court and the protected party.

CHANGES TO EXISTING LAW

Existing law authorizes a court, under the Domestic Violence Prevention Act, to issue and enforce a domestic violence restraining order, including an emergency protective order, a temporary restraining order, and a permanent restraining order. (Fam. Code Sec. 6300 et seq.)

Existing law provides that after notice and a hearing, a court may require a restrained party to participate in a batterer’s program approved by the probation department, as provided. (Fam. Code Sec. 6343.)

This bill would provide, commencing July 1, 2016, that if the court orders a restrained party to participate in a batterer’s program pursuant, the restrained party shall do all of the following:

• register for the program by the deadline ordered by the court, but if no deadline is ordered by the court, the restrained party shall register no later than 30 days from the date the order was issued;

• at the time of enrollment, sign all necessary program consent forms for the program to release proof of enrollment, attendance records, and completion or termination reports to the court and the protected party, or his or her attorney; and

• provide the court and the protected party with the name, address, and telephone number of the program.

This bill would require, by July 1, 2016, the Judicial Council to revise or promulgate forms as necessary to effectuate the provisions above.

COMMENT

1. Stated need for the bill

According to the author:

Courts do not always get accurate participation or attendance information on a restrained party’s 52-week batterer’s intervention program. Confidentiality provisions of batterer’s intervention programs prevent these programs from providing records directly to the court absent a release signed by the retrained party. Batterer’s’ intervention programs have no explicit authority to share information with the courts in Domestic Violence Prevention Act (DVPA) matters the way they do in criminal cases. Information about the restrained party’s attendance in batterer’s intervention programs, including termination, is highly relevant to custody determinations in family court. Currently, the court and the protected party must rely on the restrained party to bring in these records. Often, restrained parties fail to provide records, or may even bring in falsified records. The majority of parties in restraining order cases are self-represented, and may fail to provide this information on purpose, or simply because they believe the program provides the information to the court directly.

Additionally, current law provides no time frame within which a person ordered into batterer’s counseling must register for counseling. Some judges routinely include a time by which a person must register, but some do not.

2. Allows courts and victims of domestic violence to monitor compliance with the court’s orders

A family court that issues a domestic violence protective order may order the restrained party to participate in a batterer’s intervention program, but there is no requirement that the court be informed of the defendant’s enrollment in, or completion of the program. By requiring the restrained party to sign all necessary paperwork so that the program can release enrollment and attendance information to the court, this bill would ensure that the court has the ability to oversee the defendant’s compliance with the protective order. The Executive Committee of the Family Law Section of the State Bar (FLEXCOM), sponsor of this bill, writes:

Under existing law, the victim of domestic violence does not have a way of monitoring the restrained party’s enrollment and progress in a court ordered batterer’s program. The victim and his or her attorney does not have any way of ensuring that the restrained party has timely enrolled and completed the program successfully. Due to confidentiality, the program will not release confirmation of the restrained party’s enrollment, attendance and either successful completion or termination of the program. And yet, this information is shared in a criminal domestic violence case. This information is necessary and important as it enables the court and the victim to ascertain if the restrained party is taking steps to address the issues and actions that led to the issuance of a restraining order, and whether the restrained party is making progress in the program. Such information is valuable to the court and the victim as it can provide the court with information to protect the victim and allow the court to continue monitoring the restrained party’s progress and any threat to the victim, as well as address any continued restrictions or modifications to a parenting plan, to ensure the protection of the minor children.

The restrained party’s enrollment in, and completion of a court-ordered batterer’s intervention program is relevant to the parties’ ongoing disputes. While it is important to confirm that the defendant complied with the court’s order, successful completion of the program should also lead to reduced domestic violence and other crimes. Furthermore, completion of a batterer’s program is relevant to custody disputes. Under current law there is a rebuttable presumption against custody to a parent who has committed domestic violence within the past five years. Completion of a batterer’s intervention program is one way to overcome that presumption.

3. Time frame for enrolling in a court-ordered batterer’s intervention program

This bill would require a batterer to register for a court-ordered program within the deadline set by the court or, if no deadline is provided, within 30 days from the date the order was issued. This provision will help ensure that defendants register for the program in a timely fashion. Given that these programs are 52 weeks in length, it is important that defendants begin the process as soon as possible so that the parties may resolve other ongoing disputes. (See Comment 2 above.)

Further, because most parties in domestic violence cases are self-represented, this bill would require the Judicial Council to update and/or create forms consistent with the provisions of this bill so that the parties understand what is required, and what information they are entitled to. The California Partnership to End Domestic Violence writes in support, “AB 439 will help keep survivors safe by keeping their abusive partners accountable and providing consistent and reliable information about their progress in the batterer’s program.”

Support: California Police Chiefs Association; California Partnership to End Domestic Violence

Opposition: None Known

HISTORY

Source: Executive Committee of the Family Law Section of the State Bar

Related Pending Legislation: None Known

Prior Legislation: SB 218 (2000) authorized the court, after notice and a hearing, to order a restrained person to participate in a batterer’s program that has been approved by the probation department, as specified.

Prior Vote:

Assembly Floor (Ayes 77, Noes 0)

Assembly Appropriations Committee (Ayes 17, Noes 0)

Assembly Judiciary Committee (Ayes 10, Noes 0)

**************

Date of Hearing: April 22, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 439

Author:(Bloom) – As Amended Ver:April 8, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY: This bill requires, effective July 1, 2016, a party subject to a restraining order under the Domestic Violence Protection Act (DVPA) who has been ordered by the court to participate in an approved batterer’s program to do the following:

1. Register for the batterer’s program by the deadline set by the court or, if no deadline is ordered, within 30 days from the date the order is issued.

2. Upon enrollment, sign all necessary forms to permit release of proof of enrollment, attendance records, and completion or termination reports to the court and the protected party, and provide the court and the protected party with the name and address of the batterer’s program.

The bill requires the Judicial Council to revise or promulgate forms as necessary.

FISCAL EFFECT:

1. Minor, one-time costs ($100,000) and minor, ongoing costs, to the courts to cover workload impacts and possibly equipment (e.g. a dedicated fax machine) associated with receiving and processing the required forms. There is no mechanism currently in place for the courts to receive the required information regarding a batterer's enrollment in, and completion of, a program.

2. Minor and absorbable onetime costs for the Judicial Council to update or create the necessary forms.

COMMENTS:p

1. Purpose. A defendant convicted of criminal domestic violence is required, as a condition of probation, to participate in a batterer's intervention program, and the court and the probation department are notified when the defendant enrolls in the program and if the defendant fails to complete the program. A court issuing a civil domestic violence protective order has the option of ordering a batterer to participate in a batterer's program, but there is no corresponding requirement that the court be informed of the batterer’s enrollment in, or completion of, the program. This bill, sponsored by the Family Law Section of the State Bar, seeks to remedy that by allowing the court and the victim to receive information on the batterer's participation in the program.

2. Background: Since 1994, California has required that a defendant convicted of criminal domestic violence must, as a condition of probation, participate in a batterer's intervention program. Batterers' programs are designed to stop domestic violence by holding batterers accountable and providing them with strategies to stop the abuse through lectures, classes, group discussions and counseling.

A 2006 evaluation of batterers' programs by the State Auditor revealed that only half of batterers ordered into intervention programs ever completed the programs and that as many as a quarter never even enrolled in the programs in the first place, with little consequence. Since that time, steps have been taken to improve accountability on the criminal side, but there remains no statutorily required accountability on the civil side.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 7, 2015

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

ABPCA Bill Id:AB 439

Author:(Bloom) – As Introduced Ver:February 23, 2015

As Proposed to be Amended

SUBJECT: Protective orders: batterer’s program

KEY ISSUE: IN ORDER TO BETTER PROTECT VICTIMS OF DOMESTIC VIOLENCE AND THEIR CHILDREN, SHOULD A COURT THAT ORDERS A RESTRAINED PARTY, AS PART OF A DOMESTIC VIOLENCE RESTRAINING ORDER, INTO A BATTERER'S PROGRAM BE PERMITTED TO KNOW IF THE RESTRAINED PARTY ACTUALLY ATTENDS THE PROGRAM AS REQUIRED?

SYNOPSIS

A defendant convicted of criminal domestic violence is required, as a condition of probation, to participate in a batterer's intervention program, and the court and the probation department are notified when the defendant enrolls in the program and if the defendant fails to complete the program. A court issuing a civil domestic violence protective order has the option of ordering a batterer to participate in a batterer's program, but there is no corresponding requirement that the court be informed of batterer’s enrollment in, or completion of, the program, as required. This bill, sponsored by the Family Law Section of the State Bar, seeks to correct that by allowing the court and the victim to receive information about the batterer's participation in the program. This bill is supported by, among others, the California College and University Police Chiefs Association and the California Partnership to End Domestic Violence. There is no known opposition.

SUMMARY: Requires a party subject to restraining order under the Domestic Violence Protection Act (DVPA) who is ordered to participate in a batterer's intervention program to meet certain conditions. Specifically, this bill:

1. Requires, effective July 1, 2016, a party restrained by a protective order issued after hearing under the DVPA, who has been ordered by the court to participate in an approved batterer’s program to:

   1. Register for the batterer’s program by the deadline set by the court or, if no deadline is ordered, within 30 days from the date the order is issued.

   2. Upon enrollment, sign all necessary forms to permit release of proof of enrollment, attendance records, and completion or termination reports to the court and the protected party. Allows the court and the protected party to provide the program with contact information in order to receive the restrained party's records in the program.

   3. Provide the court and the protected party with the name and address of the batterer’s program.

2. Requires the Judicial Council, by July 1, 2016, to revise or promulgate forms as necessary to effectuate 1), above.

EXISTING LAW:

1. Authorizes a court, under the DVPA, to issue and enforce a domestic violence restraining order, including an emergency protective order, a temporary restraining order and a permanent restraining order. (Family Code Section 6300 et seq. Unless stated otherwise, all further statutory references are to that code.)

2. After notice and a hearing, a family court may require a restrained party to participate in a batterer's program approved by the probation department, as provided. (Section 6343.)

3. Requires certain probation conditions be imposed when a person found guilty of a domestic-violence-related offense is granted probation. These conditions include successful completion of at least one year of a batterer's program, as defined. Requires that the probation department and the court receive proof of enrollment, as well as notice if the defendant fails to complete the program or is performing unsatisfactorily in the program. (Penal Code Section 1203.097.)

4. Creates a rebuttable presumption that, if a court finds that a party seeking custody of a child has perpetrated domestic violence on the other party or the child within the previous five years, an award of sole or joint custody to that person is detrimental to the child. Provides that when considering whether the presumption may be overcome, the court must consider, among other things, whether the perpetrator successfully completed a batterer's treatment program. (Section 3044.)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: A defendant convicted of criminal domestic violence is required, as a condition of probation, to participate in a batterer's intervention program, and the court and the probation department are notified when the defendant enrolls in the program and if the defendant fails to complete the program. A court issuing a civil domestic violence protective order has the option of ordering a batterer to participate in a batterer's program, but there is no corresponding requirement that the court be informed of the batterer’s enrollment in, or completion of, the program, as required. This bill, sponsored by the Family Law Section of the State Bar, seeks to correct that by allowing the court and the victim to receive information on the batterer's participation in the program.

In support of the bill, the author states:

Under existing law, the court may order the restrained party in a Domestic Violence Prevention Act (DVPA) matter to attend a 52-week batterer's intervention program. However, courts do not always get accurate information of the restrained party's participation in the program. Confidentiality provisions of batterer's intervention programs prevent them from providing records directly to the court absent a release signed by the restrained party. Batterers' intervention programs have no explicit[] authority to share information with the courts in DVPA matters the way they do in criminal cases under Penal Code section 1203.097(c)(1)(o) and (c)(3)(C). Information about the restrained party's attendance in batterer's intervention programs, including termination, is highly relevant to custody determinations in family court. Currently the court and the protected party must rely on the restrained party to bring in these records. Often, restrained parties fail to provide records, or may even bring in falsified records. The majority of parties in restraining order cases are self-represented, and may fail to provide this information on purpose or simply because they believe the program provides the information to the court directly.

Devastating Effects of Domestic Violence on Children and Families: Domestic violence is a serious criminal justice and public health problem most often perpetrated against women. (Extent, Nature and Consequences of Intimate Partner Violence: Findings from the National Violence against Women Survey, U.S. Department of Justice (2001).) Prevalence of domestic violence at the national level ranges from 960,000 to three million women each year who are physically abused by their husbands or boyfriends. While the numbers are staggering, they only include those cases of reported domestic violence. In fact, according to a 1998 Commonwealth Fund survey of women’s health, nearly 31 percent of American women report being physically or sexually abused by a husband or boyfriend at some point in their lives. (Health Concerns Across a Woman’s Lifespan: 1998 Survey of Women’s Health, The Commonwealth Fund (May 1999).)

Domestic violence continues to be a significant problem in California. In 2005, the Attorney General's Task Force on Domestic Violence reported that:

The health consequences of physical and psychological domestic violence can be significant and long lasting, for both victims and their children. . . . A study by the California Department of Health Services of women's health issues found that nearly six percent of women, or about 620,000 women per year, experienced violence or physical abuse by their intimate partners. Women living in households where children are present experienced domestic violence at much higher rates than women living in households without children: domestic violence occurred in more than 436,000 households per year in which children were present, potentially exposing approximately 916,000 children to violence in their homes every year.

(Report to the California Attorney General from the Task Force on Local Criminal Justice Response to Domestic Violence, Keeping the Promise: Victim Safety and Batterer Accountability (June 2005) (footnotes omitted).)

Batterer's Intervention Programs: Since 1994, California has required that a defendant convicted of criminal domestic violence must, as a condition of probation, participate in a batterer's intervention program. Batterers' programs are designed to stop domestic violence by holding batterers accountable and providing them with strategies to stop the abuse through lectures, classes, group discussions and counseling.

A 2006 evaluation of batterers' programs by the State Auditor revealed that only half of batterers ordered into intervention programs ever completed the programs and that as many as a quarter never even enrolled in the programs in the first place, with little consequence. (California State Auditor, Batterer Intervention Programs: County Probation Departments Could Improve Their Compliance With State Law, but Progress in Batterer Accountability Also Depends on the Courts (Nov. 2006).) Since that time, steps have been taken to improve accountability on the criminal side, but there remains no statutorily required accountability on the civil side.

Under Current Law, A Batterer Could Not Complete a Court-Ordered Intervention Program, But Neither the Court nor the Victim Would Necessarily Know, Which Could Impact Both the Victim's Safety and Ongoing Custody Disputes: A family court today, issuing a domestic violence protective order, can order the restrained party to participate in an approved batterer's program, but there is no requirement that the court, or the protected party, be informed of enrollment in, or completion of, the program. The restrained party's enrollment in, attendance at, and completion of a court-ordered batterer's intervention program is relevant to the parties' ongoing disputes. It is certainly important to ensure that the person complied with the court order. A batterer who knows that his or her completion of the program is being tracked may be more likely to comply with the court order. Moreover, successful completion of the batterer's program should lead to reduced abuse both for the restrained party and for others as well.

Additionally, if the parties have children together, completion of a batterer's program is very relevant for any ongoing custody disputes. There is a rebuttable presumption against custody to a parent who has committed domestic violence against the other parent or the child within the previous five years. The presumption may be overcome if, among other things, the perpetrator has successfully completed a batterer's treatment program. Thus, both the court and the protected party should be able to independently determine whether such a program was successfully completed. This bill does just that.

The bill also creates a new requirement that the batterer enroll in a court-ordered program within the deadline set by the court or, if no deadline is ordered, within 30 days from the date the order is issued. This provision makes clear to the restrained party when he or she must comply with the court order and helps ensure that timely enrollment will occur. Given that most parties in domestic violence cases are unrepresented, this bill rightly requires the Judicial Council to prepare forms as necessary so that the restrained party understands what is required of him or her and the protected party knows how to obtain attendance and completion information from the batterer's program.

ARGUMENTS IN SUPPORT: The Family Law Section of the State Bar writes:

Under existing law, the victim of domestic violence does not have a way of monitoring the restrained party’s enrollment and progress in a court ordered batterer’s program. The victim and his or her attorney does not have any way of ensuring that the restrained party has timely enrolled and completed the program successfully. Due to confidentiality, the program will not release confirmation of the restrained party’s enrollment, attendance and either successful completion or termination of the program. And yet, this information is shared in a criminal domestic violence case. This information is necessary and important as it enables the court and the victim to ascertain if the restrained party is taking steps to address the issues and actions that led to the issuance of a restraining order, and whether the restrained party is making progress in the program. Such information is valuable to the court and the victim as it can provide the court with information to protect the victim and allow the court to continue monitoring the restrained party’s progress and any threat to the victim, as well as address any continued restrictions or modifications to a parenting plan, to ensure the protection of the minor children.

AB 439 would create a mandated consistency throughout the courts to set a deadline date for enrollment of no later than 30 days and allow the victim and his or her attorney to easily monitor the restrained party through the program to determine whether further court intervention is needed or to flag the court to the restrained party’s failure to enroll, attend or successfully complete the program.

REGISTERED SUPPORT / OPPOSITION:

Support

Family Law Section of the State Bar (sponsor)

California College and University Police Chiefs Association

California Partnership to End Domestic Violence

Many individuals

Opposition

None on file

Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334