AB 2308: Domestic violence: protective orders.

Existing law requires a court to consider issuing a protective order restraining the defendant from contact with the victim for up to 10 years in all cases in which a criminal defendant has been convicted of certain acts of domestic violence. A violation of a protective order is punishable as contempt, a misdemeanor.

This bill would authorize a court to issue a protective order for up to 15 years. The bill would authorize the issuing court, upon a written petition by the prosecuting attorney, defendant, or victim, to modify or terminate the protective order for good cause if the parties receive notice at least 15 days before the hearing on the petition. By expanding the scope of a crime, the bill would create a state-mandated local program.

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 no reimbursement is required by this act for a specified reason.

This bill would incorporate additional changes to Section 273.5 of the Penal Code proposed by AB 2907 to be operative only if this bill and AB 2907 are enacted and this bill is enacted last.