AB 2024: Domestic violence: restraining orders.

Existing law authorizes a court to issue a restraining order to a person to prevent abuse, as specified, based on reasonable proof of a past act or acts of abuse. Existing law authorizes the order to be issued solely on the affidavit or testimony of the person requesting the restraining order. Existing law prohibits an ex parte restraining order from being denied solely because the other party was not provided notice.

Existing law authorizes a court to issue ex parte protective orders enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party; excluding a party from the family dwelling, the dwelling of the other party, the common dwelling of both parties, or the dwelling of the person who has care, custody, and control of a child; and enjoining a party from specified behavior that the court determines is necessary to effectuate either of those types of orders.

This bill would prohibit rejection of a protective order described above by the court if it is submitted on specified mandatory Judicial Council forms, includes all of the forms required to issue an order, and identifies the party submitting the request and the party who is the subject of the requested order.