SB 554: Restraining orders.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2024-09-27
Current Status:
Passed
(2024-09-27: Chaptered by Secretary of State. Chapter 652, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill lets people seeking civil harassment or family (domestic violence) restraining orders file in any California superior court with proper jurisdiction — for example, the county where the petitioner lives or is staying, where the defendant lives, or where the offense happened — and it explicitly allows nonresidents to file. It also says a child under 12, with a court‑appointed guardian ad litem, may appear without a lawyer to ask for or oppose a temporary or permanent restraining order, and makes the act severable.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law authorizes the court to issue an order to restrain a person 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 permit these persons to seek resolution. Existing law authorizes a person who has suffered harassment, as defined, to seek a temporary restraining order and an order prohibiting harassment. Existing law prohibits denial of the right to petition when the petitioner has vacated the household to avoid abuse, and, under certain conditions, in the case of a marital relationship.
This bill would specify the jurisdictions in which the petitioner may file for a restraining order, including, among other jurisdictions, the superior court in the county where the defendant resides, where the offense occurred, or where the petitioner resides or is temporarily located. The bill would expressly state that an individual need not be a resident of the state to file a petition for a restraining order under these provisions. The bill would also declare the severability of its provisions.
Existing law authorizes the court to issue an order to restrain a person 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 permit these persons to seek resolution. Existing law authorizes a person who has suffered harassment, as defined, to seek a temporary restraining order and an order prohibiting harassment. Existing law prohibits denial of the right to petition when the petitioner has vacated the household to avoid abuse, and, under certain conditions, in the case of a marital relationship.
This bill would specify the jurisdictions in which the petitioner may file for a restraining order, including, among other jurisdictions, the superior court in the county where the defendant resides, where the offense occurred, or where the petitioner resides or is temporarily located. The bill would expressly state that an individual need not be a resident of the state to file a petition for a restraining order under these provisions. The bill would also declare the severability of its provisions.
Existing law authorizes the court to issue an order to restrain a person 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 permit these persons to seek resolution. Existing law authorizes a person who has suffered harassment, as defined, to seek a temporary restraining order and an order prohibiting harassment. Existing law prohibits denial of the right to petition when the petitioner has vacated the household to avoid abuse, and, under certain conditions, in the case of a marital relationship.
This bill would specify the jurisdictions in which the petitioner may file for a restraining order, including, among other jurisdictions, the superior court in the county where the defendant resides, where the offense occurred, and or where the petitioner resides or is temporarily located. The bill would expressly state that an individual need not be a resident of the state to file a petition for a restraining order under these provisions. The bill would also declare the severability of its provisions.
Existing law authorizes the court to issue an order to restrain a person 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 permit these persons to seek resolution. Existing law authorizes a person who has suffered harassment, as defined, to seek a temporary restraining order and an order prohibiting harassment. Existing law prohibits denial of the right to petition when the petitioner has vacated the household to avoid abuse, and, under certain conditions, in the case of a marital relationship.
This bill would specify the jurisdictions in which the petitioner may file for a restraining order, including, among other jurisdictions, where the defendant resides, where the offense occurred, and where the petitioner resides or is temporarily located. The bill would expressly state that an individual need not be a resident of the state to file a petition for a restraining order under these provisions. The bill would also declare the severability of its provisions.
Existing law, the Civil Discovery Act, establishes processes for the discovery of information regarding any matter, not privileged, that is relevant to the subject matter involved in a pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.This bill would authorize a court, upon stipulation of the parties, to conduct an informal discovery conference between the parties to a civil action to discuss discovery matters in dispute between the parties, as specified. The bill would authorize a court that grants or orders an informal discovery conference to toll the deadline for filing a discovery motion, or make any other appropriate discovery order. If an informal discovery conference is not held within 30 calendar days from the date the court granted the request, the bill would require that the request for an informal discovery conference be deemed denied, and that any tolling period previously ordered by the court would continue to apply. The bill would further provide that the outcome of an informal discovery conference does not bar a party from filing a discovery motion or prejudice the disposition of a discovery motion.Existing law, the Civil Discovery Act, establishes processes for the discovery of information regarding any matter, not privileged, that is relevant to the subject matter involved in a pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.
This bill would declare the intent of the Legislature to enact legislation relating to informal discovery conferences. authorize a court, upon stipulation of the parties, to conduct an informal discovery conference between the parties to a civil action to discuss discovery matters in dispute between the parties, as specified. The bill would authorize a court that grants or orders an informal discovery conference to toll the deadline for filing a discovery motion, or make any other appropriate discovery order. If an informal discovery conference is not held within 30 calendar days from the date the court granted the request, the bill would require that the request for an informal discovery conference be deemed denied, and that any tolling period previously ordered by the court would continue to apply. The bill would further provide that the outcome of an informal discovery conference does not bar a party from filing a discovery motion or prejudice the disposition of a discovery motion.
Existing law, the Civil Discovery Act, establishes processes for the discovery of information regarding any matter, not privileged, that is relevant to the subject matter involved in a pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.
This bill would declare the intent of the Legislature to enact legislation relating to informal discovery conferences.
(a)(1)A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this section.
(2)An individual need not be a resident of the state to file a petition for an order under this section. A petition for an order as specified in paragraph (1) may be filed in any superior court in this state, consistent with Section 410.10 of the Code of Civil Procedure, which may include, but is not limited to:
(A)The county in which the petitioner resides or is temporarily located.
(B)The county in which the defendant resides.
(C)The county in which the offense occurred.
(D)Any other court that may have jurisdiction over the parties or the subject matter of the case.
(3)A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for a temporary restraining order or order after hearing, or both, under this section as provided in Section 374.
(b)For purposes of this section, the following terms have the following meanings:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone calls to an individual, or sending harassing correspondence to an individual by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email. Constitutionally protected activity is not included within the meaning of course of conduct.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for the persons safety or the safety of the persons immediate family, and that serves no legitimate purpose.
(3)Harassment is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.
(4)Petitioner means the person to be protected by the temporary restraining order and order after hearing and, if the court grants the petition, the protected person.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls, as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the petitioner. On a showing of good cause, in an order issued pursuant to this subparagraph in connection with an animal owned, possessed, leased, kept, or held by the petitioner, or residing in the residence or household of the petitioner, the court may do either or both of the following:
(i)Grant the petitioner exclusive care, possession, or control of the animal.
(ii)Order the respondent to stay away from the animal and refrain from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but does not include lawful acts of self-defense or defense of others.
(c)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members.
(d)Upon filing a petition for orders under this section, the petitioner may obtain a temporary restraining order in accordance with Section 527, except to the extent this section provides an inconsistent rule. The temporary restraining order may include any of the restraining orders described in paragraph (6) of subdivision (b). A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
(e)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court. If the petition is filed too late in the day to permit effective review, the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(f)A temporary restraining order issued under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or, if the court extends the time for hearing under subdivision (g), not to exceed 25 days, unless otherwise modified or terminated by the court.
(g)Within 21 days, or, if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If a request for a temporary order is not made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(h)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, or may file a cross-petition under this section.
(i)At the hearing, the judge shall receive any testimony that is relevant, and may make an independent inquiry. If the judge finds by clear and convincing evidence that unlawful harassment exists, an order shall issue prohibiting the harassment.
(j)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of no more than five years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The order may be renewed, upon the request of a party, for a duration of no more than five additional years, without a showing of any further harassment since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. A request for renewal may be brought any time within the three months before the order expires.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order before the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified before the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive the protected partys right to notice if the protected party is physically present in court and does not challenge the sufficiency of the notice.
(k)This section does not preclude either party from representation by private counsel or from appearing on the partys own behalf.
(l)In a proceeding under this section, if there are allegations of unlawful violence or credible threats of violence, a support person may accompany a party in court and, if the party is not represented by an attorney, may sit with the party at the table that is generally reserved for the party and the partys attorney. The support person is present to provide moral and emotional support for a person who alleges they are a victim of violence. The support person is not present as a legal adviser and may not provide legal advice. The support person may assist the person who alleges they are a victim of violence in feeling more confident that they will not be injured or threatened by the other party during the proceedings if the person who alleges the person is a victim of violence and the other party are required to be present in close proximity. This subdivision does not preclude the court from exercising its discretion to remove the support person from the courtroom if the court believes the support person is prompting, swaying, or influencing the party assisted by the support person.
(m)(1)Except as provided in paragraph (2), upon the filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(2)If the court determines at the hearing that, after a diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the respondent is evading service or cannot be located, then the court may specify another method of service that is reasonably calculated to give actual notice to the respondent and may prescribe the manner in which proof of service shall be made.
(n)A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to five years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing, or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent named in a restraining order issued after a hearing has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, additional proof of service is not required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to the respondent at the most current address for the respondent available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the restraining order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(4)If information about a minor has been made confidential pursuant to subdivision (v), the notice shall identify the information, specifically, that has been made confidential and shall include a statement that disclosure or misuse of that information is punishable as a contempt of court.
(r)(1)Information on a temporary restraining order or order after hearing relating to civil harassment issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of an order issued under this section, or reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to a law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of orders issued under this section to law enforcement officers responding to the scene of reported harassment.
(5)An order issued under this section shall, on request of the petitioner, be served on the respondent, whether or not the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment involving the parties to the proceeding. The petitioner shall provide the officer with an endorsed copy of the order and a proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of harassment that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the protected person cannot produce a certified copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and shall at that time also enforce the order. Verbal notice of the terms of the order shall constitute service of the order and is sufficient notice for purposes of this section and for purposes of Section 29825 of the Penal Code. Verbal notice shall include the information required pursuant to paragraph (4) of subdivision (q).
(s)The prevailing party in an action brought pursuant to this section may be awarded court costs and attorneys fees, if any.
(t)Willful disobedience of a temporary restraining order or order after hearing granted pursuant to this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)(1)A person subject to a protective order issued pursuant to this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued pursuant to this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9.
(3)A person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(v)(1)A minor or the minors legal guardian may petition the court to have information regarding the minor that was obtained in connection with a request for a protective order pursuant to this section, including, but not limited to, the minors name, address, and the circumstances surrounding the request for a protective order with respect to that minor, be kept confidential.
(2)The court may order the information specified in paragraph (1) be kept confidential if the court expressly finds all of the following:
(A)The minors right to privacy overcomes the right of public access to the information.
(B)There is a substantial probability that the minors interest will be prejudiced if the information is not kept confidential.
(C)The order to keep the information confidential is narrowly tailored.
(D)No less restrictive means exist to protect the minors privacy.
(3)(A)If the request is granted, except as provided in paragraph (4), information regarding the minor shall be maintained in a confidential case file and shall not become part of the public file in the proceeding or any other civil proceeding involving the parties. Except as provided in subparagraph (B), if the court determines that disclosure of confidential information has been made without a court order, the court may impose a sanction of up to one thousand dollars ($1,000). A minor who has alleged harassment, as defined in subdivision (b), shall not be sanctioned for disclosure of the confidential information. If the court imposes a sanction, the court shall first determine whether the person has or is reasonably likely to have the ability to pay.
(B)Confidential information may be disclosed without a court order only in the following circumstances:
(i)By the minors legal guardian who petitioned to keep the information confidential pursuant to this subdivision or the protected party in an order pursuant to this division, provided that the disclosure is necessary to prevent harassment or is in the minors best interest. A legal guardian or a protected party who makes a disclosure under this clause is subject to the sanction in subparagraph (A) only if the disclosure was malicious.
(ii)By a person to whom confidential information is disclosed, provided that the disclosure is necessary to prevent harassment or is in the best interest of the minor, no more information than necessary is disclosed, and a delay would be caused by first obtaining a court order to authorize the disclosure of the information. A person who makes a disclosure pursuant to this clause is subject to the sanction in subparagraph (A) if the person discloses the information in a manner that recklessly or maliciously disregards these requirements.
(4)(A)Confidential information shall be made available to both of the following:
(i)Law enforcement pursuant to subdivision (r), to the extent necessary and only for the purpose of enforcing the order.
(ii)The respondent to allow the respondent to comply with the order for confidentiality and to allow the respondent to comply with and respond to the protective order. A notice shall be provided to the respondent that identifies the specific information that has been made confidential and shall include a statement that disclosure is punishable by a monetary fine.
(B)At any time, the court on its own may authorize a disclosure of any portion of the confidential information to certain individuals or entities as necessary to prevent harassment, as defined under subdivision (b), including implementation of the protective order, or if it is in the best interest of the minor.
(C)The court may authorize a disclosure of any portion of the confidential information to any person that files a petition if necessary to prevent harassment, as defined under subdivision (b), or if it is in the best interest of the minor. The party who petitioned the court to keep the information confidential pursuant to this subdivision shall be served personally or by first-class mail with a copy of the petition and afforded an opportunity to object to the disclosure.
(w)This section does not apply to any action or proceeding covered by Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code or by Division 10 (commencing with Section 6200) of the Family Code. This section does not preclude a petitioner from using other existing civil remedies.
(x)(1)The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The petition and response forms shall be simple and concise, and their use by parties in actions brought pursuant to this section is mandatory.
(2)A temporary restraining order or order after hearing relating to civil harassment issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(y)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against the petitioner, stalked the petitioner, or acted or spoken in any other manner that has placed the petitioner in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking, future violence, or threats of violence, in an action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(z)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall not be a fee for the service of process by a sheriff or marshal of a protective or restraining order to be issued, if either of the following conditions apply:
(A)The protective or restraining order issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The protective or restraining order issued pursuant to this section is based upon unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
SEC. 2.Section 6301 of the Family Code is amended to read:6301.(a)An individual need not be a resident of the state to file a petition for an order under this part. A petition for an order under this part may be filed in any superior court in this state, consistent with Section 410.10 of the Code of Civil Procedure, which may include, but is not limited to:
(1)The county in which the petitioner resides or is temporarily located.
(2)The county in which the defendant resides.
(3)The county in which the offense occurred.
(4)Any other court that may have jurisdiction over the parties or the subject matter of the case.
(b)An order under this part may be granted to any person described in Section 6211, including a minor pursuant to subdivision (b) of Section 372 of the Code of Civil Procedure.
(c)The right to petition for relief shall not be denied because the petitioner has vacated the household to avoid abuse, and in the case of a marital relationship, notwithstanding that a petition for dissolution of marriage, for nullity of marriage, or for legal separation of the parties has not been filed.
(d)The length of time since the most recent act of abuse is not, by itself, determinative. The court shall consider the totality of the circumstances in determining whether to grant or deny a petition for relief.
SEC. 3.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(a)(1)A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this section.
(2)An individual need not be a resident of the state to file a petition for an order under this section. A petition for an order as specified in paragraph (1) may be filed in any superior court in this state, consistent with Section 410.10 of the Code of Civil Procedure, which may include, but is not limited to:
(A)The county in which the petitioner resides or is temporarily located.
(B)The county in which the defendant resides.
(C)The county in which the offense occurred.
(D)Any other court that may have jurisdiction over the parties or the subject matter of the case.
(3)A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for a temporary restraining order or order after hearing, or both, under this section as provided in Section 374.
(b)For purposes of this section, the following terms have the following meanings:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone calls to an individual, or sending harassing correspondence to an individual by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email. Constitutionally protected activity is not included within the meaning of course of conduct.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for the persons safety or the safety of the persons immediate family, and that serves no legitimate purpose.
(3)Harassment is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.
(4)Petitioner means the person to be protected by the temporary restraining order and order after hearing and, if the court grants the petition, the protected person.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls, as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the petitioner. On a showing of good cause, in an order issued pursuant to this subparagraph in connection with an animal owned, possessed, leased, kept, or held by the petitioner, or residing in the residence or household of the petitioner, the court may do either or both of the following:
(i)Grant the petitioner exclusive care, possession, or control of the animal.
(ii)Order the respondent to stay away from the animal and refrain from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but does not include lawful acts of self-defense or defense of others.
(c)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members.
(d)Upon filing a petition for orders under this section, the petitioner may obtain a temporary restraining order in accordance with Section 527, except to the extent this section provides an inconsistent rule. The temporary restraining order may include any of the restraining orders described in paragraph (6) of subdivision (b). A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
(e)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court. If the petition is filed too late in the day to permit effective review, the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(f)A temporary restraining order issued under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or, if the court extends the time for hearing under subdivision (g), not to exceed 25 days, unless otherwise modified or terminated by the court.
(g)Within 21 days, or, if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If a request for a temporary order is not made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(h)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, or may file a cross-petition under this section.
(i)At the hearing, the judge shall receive any testimony that is relevant, and may make an independent inquiry. If the judge finds by clear and convincing evidence that unlawful harassment exists, an order shall issue prohibiting the harassment.
(j)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of no more than five years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The order may be renewed, upon the request of a party, for a duration of no more than five additional years, without a showing of any further harassment since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. A request for renewal may be brought any time within the three months before the order expires.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order before the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified before the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive the protected partys right to notice if the protected party is physically present in court and does not challenge the sufficiency of the notice.
(k)This section does not preclude either party from representation by private counsel or from appearing on the partys own behalf.
(l)In a proceeding under this section, if there are allegations of unlawful violence or credible threats of violence, a support person may accompany a party in court and, if the party is not represented by an attorney, may sit with the party at the table that is generally reserved for the party and the partys attorney. The support person is present to provide moral and emotional support for a person who alleges they are a victim of violence. The support person is not present as a legal adviser and may not provide legal advice. The support person may assist the person who alleges they are a victim of violence in feeling more confident that they will not be injured or threatened by the other party during the proceedings if the person who alleges the person is a victim of violence and the other party are required to be present in close proximity. This subdivision does not preclude the court from exercising its discretion to remove the support person from the courtroom if the court believes the support person is prompting, swaying, or influencing the party assisted by the support person.
(m)(1)Except as provided in paragraph (2), upon the filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(2)If the court determines at the hearing that, after a diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the respondent is evading service or cannot be located, then the court may specify another method of service that is reasonably calculated to give actual notice to the respondent and may prescribe the manner in which proof of service shall be made.
(n)A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to five years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing, or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent named in a restraining order issued after a hearing has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, additional proof of service is not required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to the respondent at the most current address for the respondent available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the restraining order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(4)If information about a minor has been made confidential pursuant to subdivision (v), the notice shall identify the information, specifically, that has been made confidential and shall include a statement that disclosure or misuse of that information is punishable as a contempt of court.
(r)(1)Information on a temporary restraining order or order after hearing relating to civil harassment issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of an order issued under this section, or reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to a law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of orders issued under this section to law enforcement officers responding to the scene of reported harassment.
(5)An order issued under this section shall, on request of the petitioner, be served on the respondent, whether or not the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment involving the parties to the proceeding. The petitioner shall provide the officer with an endorsed copy of the order and a proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of harassment that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the protected person cannot produce a certified copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and shall at that time also enforce the order. Verbal notice of the terms of the order shall constitute service of the order and is sufficient notice for purposes of this section and for purposes of Section 29825 of the Penal Code. Verbal notice shall include the information required pursuant to paragraph (4) of subdivision (q).
(s)The prevailing party in an action brought pursuant to this section may be awarded court costs and attorneys fees, if any.
(t)Willful disobedience of a temporary restraining order or order after hearing granted pursuant to this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)(1)A person subject to a protective order issued pursuant to this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued pursuant to this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9.
(3)A person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(v)(1)A minor or the minors legal guardian may petition the court to have information regarding the minor that was obtained in connection with a request for a protective order pursuant to this section, including, but not limited to, the minors name, address, and the circumstances surrounding the request for a protective order with respect to that minor, be kept confidential.
(2)The court may order the information specified in paragraph (1) be kept confidential if the court expressly finds all of the following:
(A)The minors right to privacy overcomes the right of public access to the information.
(B)There is a substantial probability that the minors interest will be prejudiced if the information is not kept confidential.
(C)The order to keep the information confidential is narrowly tailored.
(D)No less restrictive means exist to protect the minors privacy.
(3)(A)If the request is granted, except as provided in paragraph (4), information regarding the minor shall be maintained in a confidential case file and shall not become part of the public file in the proceeding or any other civil proceeding involving the parties. Except as provided in subparagraph (B), if the court determines that disclosure of confidential information has been made without a court order, the court may impose a sanction of up to one thousand dollars ($1,000). A minor who has alleged harassment, as defined in subdivision (b), shall not be sanctioned for disclosure of the confidential information. If the court imposes a sanction, the court shall first determine whether the person has or is reasonably likely to have the ability to pay.
(B)Confidential information may be disclosed without a court order only in the following circumstances:
(i)By the minors legal guardian who petitioned to keep the information confidential pursuant to this subdivision or the protected party in an order pursuant to this division, provided that the disclosure is necessary to prevent harassment or is in the minors best interest. A legal guardian or a protected party who makes a disclosure under this clause is subject to the sanction in subparagraph (A) only if the disclosure was malicious.
(ii)By a person to whom confidential information is disclosed, provided that the disclosure is necessary to prevent harassment or is in the best interest of the minor, no more information than necessary is disclosed, and a delay would be caused by first obtaining a court order to authorize the disclosure of the information. A person who makes a disclosure pursuant to this clause is subject to the sanction in subparagraph (A) if the person discloses the information in a manner that recklessly or maliciously disregards these requirements.
(4)(A)Confidential information shall be made available to both of the following:
(i)Law enforcement pursuant to subdivision (r), to the extent necessary and only for the purpose of enforcing the order.
(ii)The respondent to allow the respondent to comply with the order for confidentiality and to allow the respondent to comply with and respond to the protective order. A notice shall be provided to the respondent that identifies the specific information that has been made confidential and shall include a statement that disclosure is punishable by a monetary fine.
(B)At any time, the court on its own may authorize a disclosure of any portion of the confidential information to certain individuals or entities as necessary to prevent harassment, as defined under subdivision (b), including implementation of the protective order, or if it is in the best interest of the minor.
(C)The court may authorize a disclosure of any portion of the confidential information to any person that files a petition if necessary to prevent harassment, as defined under subdivision (b), or if it is in the best interest of the minor. The party who petitioned the court to keep the information confidential pursuant to this subdivision shall be served personally or by first-class mail with a copy of the petition and afforded an opportunity to object to the disclosure.
(w)This section does not apply to any action or proceeding covered by Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code or by Division 10 (commencing with Section 6200) of the Family Code. This section does not preclude a petitioner from using other existing civil remedies.
(x)(1)The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The petition and response forms shall be simple and concise, and their use by parties in actions brought pursuant to this section is mandatory.
(2)A temporary restraining order or order after hearing relating to civil harassment issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(y)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against the petitioner, stalked the petitioner, or acted or spoken in any other manner that has placed the petitioner in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking, future violence, or threats of violence, in an action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(z)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall not be a fee for the service of process by a sheriff or marshal of a protective or restraining order to be issued, if either of the following conditions apply:
(A)The protective or restraining order issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The protective or restraining order issued pursuant to this section is based upon unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
SEC. 2.Section 6301 of the Family Code is amended to read:6301.(a)An individual need not be a resident of the state to file a petition for an order under this part. A petition for an order under this part may be filed in any superior court in this state, consistent with Section 410.10 of the Code of Civil Procedure, which may include, but is not limited to:
(1)The county in which the petitioner resides or is temporarily located.
(2)The county in which the defendant resides.
(3)The county in which the offense occurred.
(4)Any other court that may have jurisdiction over the parties or the subject matter of the case.
(b)An order under this part may be granted to any person described in Section 6211, including a minor pursuant to subdivision (b) of Section 372 of the Code of Civil Procedure.
(c)The right to petition for relief shall not be denied because the petitioner has vacated the household to avoid abuse, and in the case of a marital relationship, notwithstanding that a petition for dissolution of marriage, for nullity of marriage, or for legal separation of the parties has not been filed.
(d)The length of time since the most recent act of abuse is not, by itself, determinative. The court shall consider the totality of the circumstances in determining whether to grant or deny a petition for relief.
SEC. 3.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(a)(1)A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this section.
(2)An individual need not be a resident of the state to file a petition for a restraining an order under this section. A petition for a restraining an order as specified in paragraph (1) may be filed in a court in this state in the following jurisdictions, including, but not limited to: any superior court in this state, consistent with Section 410.10 of the Code of Civil Procedure, which may include, but is not limited to:
(A)Where The county in which the petitioner resides or is temporarily located.
(B)Where The county in which the defendant resides.
(C)Where The county in which the offense occurred.
(D)Any other court that may have jurisdiction over the parties or the subject matter of the case.
(3)A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for a temporary restraining order or order after hearing, or both, under this section as provided in Section 374.
(b)For purposes of this section, the following terms have the following meanings:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone calls to an individual, or sending harassing correspondence to an individual by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email. Constitutionally protected activity is not included within the meaning of course of conduct.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for the persons safety or the safety of the persons immediate family, and that serves no legitimate purpose.
(3)Harassment is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.
(4)Petitioner means the person to be protected by the temporary restraining order and order after hearing and, if the court grants the petition, the protected person.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls, as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the petitioner. On a showing of good cause, in an order issued pursuant to this subparagraph in connection with an animal owned, possessed, leased, kept, or held by the petitioner, or residing in the residence or household of the petitioner, the court may do either or both of the following:
(i)Grant the petitioner exclusive care, possession, or control of the animal.
(ii)Order the respondent to stay away from the animal and refrain from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but does not include lawful acts of self-defense or defense of others.
(c)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members.
(d)Upon filing a petition for orders under this section, the petitioner may obtain a temporary restraining order in accordance with Section 527, except to the extent this section provides an inconsistent rule. The temporary restraining order may include any of the restraining orders described in paragraph (6) of subdivision (b). A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
(e)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court. If the petition is filed too late in the day to permit effective review, the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(f)A temporary restraining order issued under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or, if the court extends the time for hearing under subdivision (g), not to exceed 25 days, unless otherwise modified or terminated by the court.
(g)Within 21 days, or, if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If a request for a temporary order is not made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(h)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, or may file a cross-petition under this section.
(i)At the hearing, the judge shall receive any testimony that is relevant, and may make an independent inquiry. If the judge finds by clear and convincing evidence that unlawful harassment exists, an order shall issue prohibiting the harassment.
(j)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of no more than five years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The order may be renewed, upon the request of a party, for a duration of no more than five additional years, without a showing of any further harassment since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. A request for renewal may be brought any time within the three months before the order expires.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order before the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified before the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive the protected partys right to notice if the protected party is physically present in court and does not challenge the sufficiency of the notice.
(k)This section does not preclude either party from representation by private counsel or from appearing on the partys own behalf.
(l)In a proceeding under this section, if there are allegations of unlawful violence or credible threats of violence, a support person may accompany a party in court and, if the party is not represented by an attorney, may sit with the party at the table that is generally reserved for the party and the partys attorney. The support person is present to provide moral and emotional support for a person who alleges they are a victim of violence. The support person is not present as a legal adviser and may not provide legal advice. The support person may assist the person who alleges they are a victim of violence in feeling more confident that they will not be injured or threatened by the other party during the proceedings if the person who alleges the person is a victim of violence and the other party are required to be present in close proximity. This subdivision does not preclude the court from exercising its discretion to remove the support person from the courtroom if the court believes the support person is prompting, swaying, or influencing the party assisted by the support person.
(m)(1)Except as provided in paragraph (2), upon the filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(2)If the court determines at the hearing that, after a diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the respondent is evading service or cannot be located, then the court may specify another method of service that is reasonably calculated to give actual notice to the respondent and may prescribe the manner in which proof of service shall be made.
(n)A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to five years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing, or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent named in a restraining order issued after a hearing has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, additional proof of service is not required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to the respondent at the most current address for the respondent available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the restraining order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(4)If information about a minor has been made confidential pursuant to subdivision (v), the notice shall identify the information, specifically, that has been made confidential and shall include a statement that disclosure or misuse of that information is punishable as a contempt of court.
(r)(1)Information on a temporary restraining order or order after hearing relating to civil harassment issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of an order issued under this section, or reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to a law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of orders issued under this section to law enforcement officers responding to the scene of reported harassment.
(5)An order issued under this section shall, on request of the petitioner, be served on the respondent, whether or not the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment involving the parties to the proceeding. The petitioner shall provide the officer with an endorsed copy of the order and a proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of harassment that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the protected person cannot produce a certified copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and shall at that time also enforce the order. Verbal notice of the terms of the order shall constitute service of the order and is sufficient notice for purposes of this section and for purposes of Section 29825 of the Penal Code. Verbal notice shall include the information required pursuant to paragraph (4) of subdivision (q).
(s)The prevailing party in an action brought pursuant to this section may be awarded court costs and attorneys fees, if any.
(t)Willful disobedience of a temporary restraining order or order after hearing granted pursuant to this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)(1)A person subject to a protective order issued pursuant to this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued pursuant to this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9.
(3)A person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(v)(1)A minor or the minors legal guardian may petition the court to have information regarding the minor that was obtained in connection with a request for a protective order pursuant to this section, including, but not limited to, the minors name, address, and the circumstances surrounding the request for a protective order with respect to that minor, be kept confidential.
(2)The court may order the information specified in paragraph (1) be kept confidential if the court expressly finds all of the following:
(A)The minors right to privacy overcomes the right of public access to the information.
(B)There is a substantial probability that the minors interest will be prejudiced if the information is not kept confidential.
(C)The order to keep the information confidential is narrowly tailored.
(D)No less restrictive means exist to protect the minors privacy.
(3)(A)If the request is granted, except as provided in paragraph (4), information regarding the minor shall be maintained in a confidential case file and shall not become part of the public file in the proceeding or any other civil proceeding involving the parties. Except as provided in subparagraph (B), if the court determines that disclosure of confidential information has been made without a court order, the court may impose a sanction of up to one thousand dollars ($1,000). A minor who has alleged harassment, as defined in subdivision (b), shall not be sanctioned for disclosure of the confidential information. If the court imposes a sanction, the court shall first determine whether the person has or is reasonably likely to have the ability to pay.
(B)Confidential information may be disclosed without a court order only in the following circumstances:
(i)By the minors legal guardian who petitioned to keep the information confidential pursuant to this subdivision or the protected party in an order pursuant to this division, provided that the disclosure is necessary to prevent harassment or is in the minors best interest. A legal guardian or a protected party who makes a disclosure under this clause is subject to the sanction in subparagraph (A) only if the disclosure was malicious.
(ii)By a person to whom confidential information is disclosed, provided that the disclosure is necessary to prevent harassment or is in the best interest of the minor, no more information than necessary is disclosed, and a delay would be caused by first obtaining a court order to authorize the disclosure of the information. A person who makes a disclosure pursuant to this clause is subject to the sanction in subparagraph (A) if the person discloses the information in a manner that recklessly or maliciously disregards these requirements.
(4)(A)Confidential information shall be made available to both of the following:
(i)Law enforcement pursuant to subdivision (r), to the extent necessary and only for the purpose of enforcing the order.
(ii)The respondent to allow the respondent to comply with the order for confidentiality and to allow the respondent to comply with and respond to the protective order. A notice shall be provided to the respondent that identifies the specific information that has been made confidential and shall include a statement that disclosure is punishable by a monetary fine.
(B)At any time, the court on its own may authorize a disclosure of any portion of the confidential information to certain individuals or entities as necessary to prevent harassment, as defined under subdivision (b), including implementation of the protective order, or if it is in the best interest of the minor.
(C)The court may authorize a disclosure of any portion of the confidential information to any person that files a petition if necessary to prevent harassment, as defined under subdivision (b), or if it is in the best interest of the minor. The party who petitioned the court to keep the information confidential pursuant to this subdivision shall be served personally or by first-class mail with a copy of the petition and afforded an opportunity to object to the disclosure.
(w)This section does not apply to any action or proceeding covered by Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code or by Division 10 (commencing with Section 6200) of the Family Code. This section does not preclude a petitioner from using other existing civil remedies.
(x)(1)The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The petition and response forms shall be simple and concise, and their use by parties in actions brought pursuant to this section is mandatory.
(2)A temporary restraining order or order after hearing relating to civil harassment issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(y)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against the petitioner, stalked the petitioner, or acted or spoken in any other manner that has placed the petitioner in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking, future violence, or threats of violence, in an action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(z)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall not be a fee for the service of process by a sheriff or marshal of a protective or restraining order to be issued, if either of the following conditions apply:
(A)The protective or restraining order issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The protective or restraining order issued pursuant to this section is based upon unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
SEC. 2.Section 6301 of the Family Code is amended to read:6301.(a)An individual need not be a resident of the state to file a petition for a restraining an order under this part. A petition for a restraining order as specified in Section 6300 an order under this part may be filed in a court of this state in any of the following jurisdictions : any superior court in this state, consistent with Section 410.10 of the Code of Civil Procedure, which may include, but is not limited to:
(1)Where The county in which the petitioner resides or is temporarily located.
(2)Where The county in which the defendant resides.
(3)Where The county in which the offense occurred.
(4)Any other court that may have jurisdiction over the parties or the subject matter of the case.
(b)An order under this part may be granted to any person described in Section 6211, including a minor pursuant to subdivision (b) of Section 372 of the Code of Civil Procedure.
(c)The right to petition for relief shall not be denied because the petitioner has vacated the household to avoid abuse, and in the case of a marital relationship, notwithstanding that a petition for dissolution of marriage, for nullity of marriage, or for legal separation of the parties has not been filed.
(d)The length of time since the most recent act of abuse is not, by itself, determinative. The court shall consider the totality of the circumstances in determining whether to grant or deny a petition for relief.
SEC. 3.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
REVISIONS: HeadingLine 2.(a)(1)A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this section.
(2)An individual need not be a resident of the state to file a petition for a restraining order under this section. A petition for a restraining order as specified in paragraph (1) may be filed in a court in this state in the following jurisdictions, including, but not limited to:
(A)Where the petitioner resides or is temporarily located.
(B)Where the defendant resides.
(C)Where the offense occurred.
(D)Any other court that may have jurisdiction over the parties or the subject matter of the case.
(2)(3)A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for a temporary restraining order or order after hearing, or both, under this section as provided in Section 374.
(b)For purposes of this section, the following terms have the following meanings:
(1)Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone calls to an individual, or sending harassing correspondence to an individual by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email. Constitutionally protected activity is not included within the meaning of course of conduct.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for the persons safety or the safety of the persons immediate family, and that serves no legitimate purpose.
(3)Harassment is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.
(4)Petitioner means the person to be protected by the temporary restraining order and order after hearing and, if the court grants the petition, the protected person.
(5)Respondent means the person against whom the temporary restraining order and order after hearing are sought and, if the petition is granted, the restrained person.
(6)Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued ex parte or after notice and hearing:
(A)An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls, as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the petitioner. On a showing of good cause, in an order issued pursuant to this subparagraph in connection with an animal owned, possessed, leased, kept, or held by the petitioner, or residing in the residence or household of the petitioner, the court may do either or both of the following:
(i)Grant the petitioner exclusive care, possession, or control of the animal.
(ii)Order the respondent to stay away from the animal and refrain from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(7)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but does not include lawful acts of self-defense or defense of others.
(c)In the discretion of the court, on a showing of good cause, a temporary restraining order or order after hearing issued under this section may include other named family or household members.
(d)Upon filing a petition for orders under this section, the petitioner may obtain a temporary restraining order in accordance with Section 527, except to the extent this section provides an inconsistent rule. The temporary restraining order may include any of the restraining orders described in paragraph (6) of subdivision (b). A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
(e)A request for the issuance of a temporary restraining order without notice under this section shall be granted or denied on the same day that the petition is submitted to the court. If the petition is filed too late in the day to permit effective review, the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(f)A temporary restraining order issued under this section shall remain in effect, at the courts discretion, for a period not to exceed 21 days, or, if the court extends the time for hearing under subdivision (g), not to exceed 25 days, unless otherwise modified or terminated by the court.
(g)Within 21 days, or, if good cause appears to the court, 25 days from the date that a petition for a temporary order is granted or denied, a hearing shall be held on the petition. If a request for a temporary order is not made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the date that the petition is filed.
(h)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, or may file a cross-petition under this section.
(i)At the hearing, the judge shall receive any testimony that is relevant, and may make an independent inquiry. If the judge finds by clear and convincing evidence that unlawful harassment exists, an order shall issue prohibiting the harassment.
(j)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of no more than five years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The order may be renewed, upon the request of a party, for a duration of no more than five additional years, without a showing of any further harassment since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. A request for renewal may be brought any time within the three months before the order expires.
(2)The failure to state the expiration date on the face of the form creates an order with a duration of three years from the date of issuance.
(3)If an action is filed for the purpose of terminating or modifying a protective order before the expiration date specified in the order by a party other than the protected party, the party who is protected by the order shall be given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be notified before the hearing for modification or termination of the protective order, the court shall deny the motion to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be properly noticed and may, upon a showing of good cause, specify another method for service of process that is reasonably designed to afford actual notice to the protected party. The protected party may waive the protected partys right to notice if the protected party is physically present in court and does not challenge the sufficiency of the notice.
(k)This section does not preclude either party from representation by private counsel or from appearing on the partys own behalf.
(l)In a proceeding under this section, if there are allegations of unlawful violence or credible threats of violence, a support person may accompany a party in court and, if the party is not represented by an attorney, may sit with the party at the table that is generally reserved for the party and the partys attorney. The support person is present to provide moral and emotional support for a person who alleges they are a victim of violence. The support person is not present as a legal adviser and may not provide legal advice. The support person may assist the person who alleges they are a victim of violence in feeling more confident that they will not be injured or threatened by the other party during the proceedings if the person who alleges the person is a victim of violence and the other party are required to be present in close proximity. This subdivision does not preclude the court from exercising its discretion to remove the support person from the courtroom if the court believes the support person is prompting, swaying, or influencing the party assisted by the support person.
(m)(1)Except as provided in paragraph (2), upon the filing of a petition under this section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be made at least five days before the hearing. The court may for good cause, on motion of the petitioner or on its own motion, shorten the time for service on the respondent.
(2)If the court determines at the hearing that, after a diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the respondent is evading service or cannot be located, then the court may specify another method of service that is reasonably calculated to give actual notice to the respondent and may prescribe the manner in which proof of service shall be made.
(n)A notice of hearing under this section shall notify the respondent that if the respondent does not attend the hearing, the court may make orders against the respondent that could last up to five years.
(o)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(p)(1)Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing, or orally at the hearing. The court may also grant a continuance on its own motion.
(2)If the court grants a continuance, any temporary restraining order that has been granted shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order.
(q)(1)If a respondent named in a restraining order issued after a hearing has not been served personally with the order but has received actual notice of the existence and substance of the order through personal appearance in court to hear the terms of the order from the court, additional proof of service is not required for enforcement of the order.
(2)If the respondent named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order based on the temporary restraining order, but the respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the restraining order or protective order issued at the hearing are identical to the temporary restraining order, except for the duration of the order, the restraining order or protective order issued at the hearing may be served on the respondent by first-class mail sent to the respondent at the most current address for the respondent available to the court.
(3)The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary restraining order except for the expiration date is issued at the hearing, a copy of the restraining order will be served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a restraining order at the hearing without substantive change and to find out the duration of that order, contact the clerk of the court.
(4)If information about a minor has been made confidential pursuant to subdivision (v), the notice shall identify the information, specifically, that has been made confidential and shall include a statement that disclosure or misuse of that information is punishable as a contempt of court.
(r)(1)Information on a temporary restraining order or order after hearing relating to civil harassment issued by a court pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2) or (3).
(2)The court shall order the petitioner or the attorney for the petitioner to deliver a copy of an order issued under this section, or reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to a law enforcement agency having jurisdiction over the residence of the petitioner and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3)Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by either one of the following methods:
(A)Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by the Department of Justice to enter orders into the California Law Enforcement Telecommunications System (CLETS).
(B)With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4)Each appropriate law enforcement agency shall make available information as to the existence and current status of orders issued under this section to law enforcement officers responding to the scene of reported harassment.
(5)An order issued under this section shall, on request of the petitioner, be served on the respondent, whether or not the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment involving the parties to the proceeding. The petitioner shall provide the officer with an endorsed copy of the order and a proof of service that the officer shall complete and send to the issuing court.
(6)Upon receiving information at the scene of an incident of harassment that a protective order has been issued under this section, or that a person who has been taken into custody is the subject of an order, if the protected person cannot produce a certified copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order.
(7)If the law enforcement officer determines that a protective order has been issued but not served, the officer shall immediately notify the respondent of the terms of the order and shall at that time also enforce the order. Verbal notice of the terms of the order shall constitute service of the order and is sufficient notice for purposes of this section and for purposes of Section 29825 of the Penal Code. Verbal notice shall include the information required pursuant to paragraph (4) of subdivision (q).
(s)The prevailing party in an action brought pursuant to this section may be awarded court costs and attorneys fees, if any.
(t)Willful disobedience of a temporary restraining order or order after hearing granted pursuant to this section is punishable pursuant to Section 273.6 of the Penal Code.
(u)(1)A person subject to a protective order issued pursuant to this section shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2)The court shall order a person subject to a protective order issued pursuant to this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9.
(3)A person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(v)(1)A minor or the minors legal guardian may petition the court to have information regarding the minor that was obtained in connection with a request for a protective order pursuant to this section, including, but not limited to, the minors name, address, and the circumstances surrounding the request for a protective order with respect to that minor, be kept confidential.
(2)The court may order the information specified in paragraph (1) be kept confidential if the court expressly finds all of the following:
(A)The minors right to privacy overcomes the right of public access to the information.
(B)There is a substantial probability that the minors interest will be prejudiced if the information is not kept confidential.
(C)The order to keep the information confidential is narrowly tailored.
(D)No less restrictive means exist to protect the minors privacy.
(3)(A)If the request is granted, except as provided in paragraph (4), information regarding the minor shall be maintained in a confidential case file and shall not become part of the public file in the proceeding or any other civil proceeding involving the parties. Except as provided in subparagraph (B), if the court determines that disclosure of confidential information has been made without a court order, the court may impose a sanction of up to one thousand dollars ($1,000). A minor who has alleged harassment, as defined in subdivision (b), shall not be sanctioned for disclosure of the confidential information. If the court imposes a sanction, the court shall first determine whether the person has or is reasonably likely to have the ability to pay.
(B)Confidential information may be disclosed without a court order only in the following circumstances:
(i)By the minors legal guardian who petitioned to keep the information confidential pursuant to this subdivision or the protected party in an order pursuant to this division, provided that the disclosure is necessary to prevent harassment or is in the minors best interest. A legal guardian or a protected party who makes a disclosure under this clause is subject to the sanction in subparagraph (A) only if the disclosure was malicious.
(ii)By a person to whom confidential information is disclosed, provided that the disclosure is necessary to prevent harassment or is in the best interest of the minor, no more information than necessary is disclosed, and a delay would be caused by first obtaining a court order to authorize the disclosure of the information. A person who makes a disclosure pursuant to this clause is subject to the sanction in subparagraph (A) if the person discloses the information in a manner that recklessly or maliciously disregards these requirements.
(4)(A)Confidential information shall be made available to both of the following:
(i)Law enforcement pursuant to subdivision (r), to the extent necessary and only for the purpose of enforcing the order.
(ii)The respondent to allow the respondent to comply with the order for confidentiality and to allow the respondent to comply with and respond to the protective order. A notice shall be provided to the respondent that identifies the specific information that has been made confidential and shall include a statement that disclosure is punishable by a monetary fine.
(B)At any time, the court on its own may authorize a disclosure of any portion of the confidential information to certain individuals or entities as necessary to prevent harassment, as defined under subdivision (b), including implementation of the protective order, or if it is in the best interest of the minor.
(C)The court may authorize a disclosure of any portion of the confidential information to any person that files a petition if necessary to prevent harassment, as defined under subdivision (b), or if it is in the best interest of the minor. The party who petitioned the court to keep the information confidential pursuant to this subdivision shall be served personally or by first-class mail with a copy of the petition and afforded an opportunity to object to the disclosure.
(w)This section does not apply to any action or proceeding covered by Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code or by Division 10 (commencing with Section 6200) of the Family Code. This section does not preclude a petitioner from using other existing civil remedies.
(x)(1)The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this section. The petition and response forms shall be simple and concise, and their use by parties in actions brought pursuant to this section is mandatory.
(2)A temporary restraining order or order after hearing relating to civil harassment issued by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(y)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against the petitioner, stalked the petitioner, or acted or spoken in any other manner that has placed the petitioner in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking, future violence, or threats of violence, in an action brought pursuant to this section. A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A fee shall not be paid for filing a response to a petition alleging these acts.
(z)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall not be a fee for the service of process by a sheriff or marshal of a protective or restraining order to be issued, if either of the following conditions apply:
(A)The protective or restraining order issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The protective or restraining order issued pursuant to this section is based upon unlawful violence or a credible threat of violence.
(2)The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services described in this subdivision.
SEC. 2.Section 6301 of the Family Code is amended to read:6301.(a)An individual need not be a resident of the state to file a petition for a restraining order under this part. A petition for a restraining order as specified in Section 6300 may be filed in a court of this state in any of the following jurisdictions :
(1)Where the petitioner resides or is temporarily located.
(2)Where the defendant resides.
(3)Where the offense occurred.
(4)Any other court that may have jurisdiction over the parties or the subject matter of the case.
(a)(b)An order under this part may be granted to any person described in Section 6211, including a minor pursuant to subdivision (b) of Section 372 of the Code of Civil Procedure.
(b)(c)The right to petition for relief shall not be denied because the petitioner has vacated the household to avoid abuse, and in the case of a marital relationship, notwithstanding that a petition for dissolution of marriage, for nullity of marriage, or for legal separation of the parties has not been filed.
(c)(d)The length of time since the most recent act of abuse is not, by itself, determinative. The court shall consider the totality of the circumstances in determining whether to grant or deny a petition for relief.
SEC. 3.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SECTION 1.Section 2016.080 is added to the Code of Civil Procedure, to read:2016.080.(a) If an informal resolution is not reached by the parties, as described in Section 2016.040, the court may, by stipulation of the parties, conduct an informal discovery conference for the purpose of discussing discovery matters in dispute between the parties.(b)If a party requests an informal discovery conference, the party shall file a declaration described in Section 2016.040 with the court. Any party may file a response to a declaration filed pursuant to this subdivision. If a court is in session and does not grant, deny, or schedule the partys request within 10 calendar days after the initial request, the request shall be deemed denied.(c)(1)If a court grants or orders an informal discovery conference, the court may schedule and hold the conference no later than 30 calendar days after the court granted the request or issued its order, and before the discovery cutoff date.(2)If an informal discovery conference is granted or ordered, the court may toll the deadline for filing a discovery motion or make any other appropriate discovery order.(d)If an informal discovery conference is not held within 30 calendar days from the date the court granted the request, the request for an informal discovery conference shall be deemed denied, and any tolling period previously ordered by the court shall continue to apply to that action.(e)The outcome of an informal discovery conference does not bar a party from filing a discovery motion or prejudice the disposition of a discovery motion.(f)This section does not prevent the parties from stipulating to the timing of discovery proceedings as described in Section 2024.060.(g)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.(a) If an informal resolution is not reached by the parties, as described in Section 2016.040, the court may, by stipulation of the parties, conduct an informal discovery conference for the purpose of discussing discovery matters in dispute between the parties.
(b)If a party requests an informal discovery conference, the party shall file a declaration described in Section 2016.040 with the court. Any party may file a response to a declaration filed pursuant to this subdivision. If a court is in session and does not grant, deny, or schedule the partys request within 10 calendar days after the initial request, the request shall be deemed denied.
(c)(1)If a court grants or orders an informal discovery conference, the court may schedule and hold the conference no later than 30 calendar days after the court granted the request or issued its order, and before the discovery cutoff date.
(2)If an informal discovery conference is granted or ordered, the court may toll the deadline for filing a discovery motion or make any other appropriate discovery order.
(d)If an informal discovery conference is not held within 30 calendar days from the date the court granted the request, the request for an informal discovery conference shall be deemed denied, and any tolling period previously ordered by the court shall continue to apply to that action.
(e)The outcome of an informal discovery conference does not bar a party from filing a discovery motion or prejudice the disposition of a discovery motion.
(f)This section does not prevent the parties from stipulating to the timing of discovery proceedings as described in Section 2024.060.
(g)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SECTION 1.It is the intent of the Legislature to enact legislation relating to informal discovery conferences.It is the intent of the Legislature to enact legislation relating to informal discovery conferences.
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Date
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Status
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| Sep 27, 2024 | Chaptered by Secretary of State. Chapter 652, Statutes of 2024. |
| Sep 27, 2024 | Approved by the Governor. |
| Aug 23, 2024 | Enrolled and presented to the Governor at 2 p.m. |
| Aug 20, 2024 | In Senate. Ordered to engrossing and enrolling. |
| Aug 19, 2024 | Read third time. Passed. (Ayes 65. Noes 1. Page 6369.) Ordered to the Senate. |
| Jun 5, 2024 | Read second time. Ordered to third reading. |
| Jun 4, 2024 | From committee: Do pass. (Ayes 8. Noes 0.) (June 4). |
| Jun 4, 2024 | Coauthors revised. |
| Apr 29, 2024 | Referred to Com. on JUD. |
| Jan 29, 2024 | In Assembly. Read first time. Held at Desk. |
| Jan 29, 2024 | Read third time. Passed. (Ayes 32. Noes 6. Page 3053.) Ordered to the Assembly. |
| Jan 17, 2024 | Read second time. Ordered to third reading. |
| Jan 16, 2024 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jan 12, 2024 | Set for hearing January 16. |
| Jan 11, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 2980.) (January 11). Re-referred to Com. on APPR. |
| Jan 11, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jan 4, 2024 | Set for hearing January 11. |
| Jan 3, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| Mar 29, 2023 | Re-referred to Com. on JUD. |
| Mar 20, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Feb 22, 2023 | Referred to Com. on RLS. |
| Feb 16, 2023 | From printer. May be acted upon on or after March 18. |
| Feb 15, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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| Aug 19, 2024 | SB 554 Cortese Senate Third Reading By Blanca Rubio | Assembly Floor |
Passed |
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| Jun 4, 2024 | Do pass. | Assembly Standing Committee on Judiciary |
Passed |
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| Jan 29, 2024 | Senate 3rd Reading SB554 Cortese | Senate Floor |
Passed |
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| Jan 11, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Equal Rights Advocates | * Support | Jun 4, 2024 |
| Restraining Orders Without Borders | ** Support | |
| Restraining Orders Without Borders | * Support | Jan 11, 2024 |
| Restraining Orders Without Borders | * Support | Jun 4, 2024 |
SENATE THIRD READING
STR Bill Id:SB 554
Author:(Cortese)
As Amended Ver:January 11, 2024
Majority vote
SUMMARY
Clarifies that a party may seek a temporary restraining order or protective order under the Code of Civil Procedure civil harassment protective order statute or the Domestic Violence Prevention Act (DVPA) in any superior court within the state where jurisdiction is appropriate, even if the party is not a resident of the state.
Major Provisions
- Provides that an individual who has suffered harassment as defined in the civil harassment protective order statute need not be a resident of the state in order to file a petition for a temporary order under that section and authorizes a petition to be filed in any superior court in this state, consistent with existing law, which may include, but is not limited to:
- The county in which the petitioner resides or is temporarily located.
- The county in which the defendant resides.
- The county in which the offense occurred.
- Any other court that may have jurisdiction over the parties or the subject matter of the case.
- Provides that an individual who has suffered a past act or acts of abuse as defined by the DVPA need not be a resident of the state in order to file a petition for a restraining order to prevent abuse and authorizes a petition to be filed in any superior court in this state, consistent with existing law, which may include, but is not limited to:
a) The county in which the petitioner resides or is temporarily located.
b) The county in which the defendant resides.
c) The county in which the offense occurred.
d) Any other court that may have jurisdiction over the parties or the subject matter of the case.
COMMENTS
This bill, sponsored by Restraining Orders Without Borders, clarifies that individuals can seek temporary restraining orders (TROs) or protective orders under the civil harassment protective order statute, or the DVPA in any appropriate jurisdiction within California, even if they are not state residents.
Background – civil harassment and domestic violence protective orders. California has two main legal schemes under which a person may seek relief from harassment or abuse committed by a third party. The Code of Civil Procedure permits a court to issue a protective order against a person who is "harassing" the petitioner, provided that the harassment causes the petitioner substantial emotional distress. (Code of Civil Procedure Section 527.6 (b)(3).) The DVPA permits a court to issue a protective order against a respondent who is committing domestic violence, abuse, or sexual abuse against the petitioner, provided that the petitioner and respondent have, or have had, one of a number of enumerated familial or intimate relationships. (Family Code Sections 6218, 6300.) Under both schemes, a court may issue a temporary restraining order on an ex parte basis, and then issue a permanent order following a noticed hearing at which the respondent had the opportunity to be heard. However, in order for a court to consider issuing such orders, the petitioner must establish that the court in which he or she is requesting the order from is the appropriate venue with proper jurisdiction over the petitioner and respondent. Current law does not provide clear guidance about which county the survivor of such harassment may seek protective orders from, nor does it clearly permit survivors to seek protections in a court outside the county in which the harassment occurred. Therefore, a court could interpret existing law to find that it does not have proper jurisdiction over the parties. This could result in survivors being unable to obtain necessary protections in a county where they have relocated to for safety and could leave them feeling helpless.
Lack of explicit authority in state law for courts to issue orders affecting residents of other states could endanger victims of harassment and domestic violence. California allows courts to issue protective orders to prevent harassment and domestic violence. However, current law does not specifically give courts the authority to hear and issue restraining order petitions by non-residents, as laws in other states do. This makes answers to questions about who may petition for a restraining order; which court they may petition; and what their residency status must be, unclear. This lack of clarity arguably creates loopholes in the existing law meant to offer protection to survivors. As a result, survivors may delay filing petitions, delay accessing resources such as domestic violence and sexual assault victim clinics, and make themselves vulnerable to ongoing harassment or abuse.
The lack of jurisdictional clarity can prevent survivors from obtaining restraining orders, leaving them vulnerable to further abuse. Restraining Orders Without Borders, a campaign advocating for survivors' rights and the sponsor of this bill, highlights this issue through the experiences of its founder, Nazeehah Khan who was denied a restraining order in both Hawaii and California due to jurisdictional issues. Khan's case underscores the need for legislative change to ensure that all survivors, regardless of residency, can seek protection in California.
This bill aims to close a potential gap in California law by clarifying that a person does not need to be a resident of the state to seek a civil or DVPA restraining order or protective order. Currently, neither the civil protective order statute, nor the DVPA, explicitly addresses whether nonresidents can petition for a TRO or protective order. This lack of clarity can leave victims of harassment or abuse without a legal forum if they and the perpetrator reside in different states, as neither state's court may claim jurisdiction. This bill will make it easier for petitioners within the state to file in a convenient venue, while ensuring due process protections for the respondent. It specifies that nonresidents can petition for a TRO or protective order and provides examples of suitable jurisdictions.
The bill specifies that a petition for such an order may be filed in any appropriate jurisdiction, including where the petitioner resides or is temporarily located, where the defendant resides, or where the offense occurred. The bill's language ensures that a court's jurisdiction over these matters aligns with the state's long-arm personal jurisdiction statute which permits California courts to exercise jurisdiction on any basis not inconsistent with due process requirements. (See Code of Civil Procedure Section 410.10.) Additionally, the bill makes it easier for in-state petitioners to file in a convenient county, such as the one where they are temporarily residing, rather than having to file in the county where the respondent resides. Given the availability of remote court appearances, the expanded venue options should not be overly burdensome for respondents.
This bill does not supersede existing law regarding personal jurisdiction or infringe on the respondent's due process protections. The Due Process Clause of the Fourteenth Amendment prohibits a state court from exercising personal jurisdiction over a nonresident unless that person has sufficient minimum contacts with that jurisdiction. (International Shoe Co. v. State of Wash. Unemployment Compensation and Placement (1945) 326 U.S. 310, 316.) Generally speaking, adequate minimum contacts arise when the nonresident's conduct creates a "substantial connection" with the forum state. (Walden v. Fiore (2014) 571 U.S. 277, 284.) The courts will look at two aspects of the nonresident's relationship to determine whether a substantial connection exists: whether the nonresident themselves created the relationship with the forum state; and the nonresident's contacts with the forum state itself, rather than with persons who reside there. A nonresident's physical presence in a state is not necessary to establish minimum contacts, "it is certainly a relevant contact." (Id. at pp. 284-285.) On the other hand, a relationship with a resident of the state, without more, does not establish the requisite minimum contacts with the state—"the plaintiff cannot be the only link between the defendant and the forum." —California's long-arm statute extends the state courts' jurisdiction as broadly as the Constitution permits. (Code of Civil Procedure Section 410.10.)
This bill is not intended to stretch the courts' jurisdiction beyond constitutional limits or otherwise interfere with the due process rights of respondents. Instead, the bill is intended to make clear that the courts' jurisdiction over the issuance of protective orders matters is not constrained by factors other than the requirements of the Due Process Clause. Thus, for example, this bill makes clear that a state court may exercise jurisdiction over a restraining order matter even if the petitioner is not a resident of this state; in such a case, the court would still need personal jurisdiction over the respondent, which would be appropriate if the respondent resided in the state or had sufficient minimum contacts with the state. The bill thus enables petitioners to seek restraining orders in the state, provided that the requirements of due process are met, without artificial barriers to obtaining the protection they need.
According to the Author
Every survivor of domestic violence deserves protection and peace of mind, regardless of where they may seek refuge or move their families. SB 554 will add California to the list of 14 other states with the most comprehensive restraining order laws. Currently, the lack of clear jurisdictional guidelines leads California courts to dismiss or deny petitions for restraining orders when survivors have sought safety by relocating. This bill will allow California judges to protect innocent people and families from further trauma, abuse, or injury.
Arguments in Support
Restraining Orders Without Borders, the sponsor of this bill, writes the following to explain why the bill is needed:
California is one of 36 states with restrictive restraining order requirements for victims of sexual/domestic violence. California shares borders with 3 states and recorded 258.8 million overnight person-trips with an anticipated annual growth reaching 320 million in 2027, leading to an increasing number of vulnerable victims. California's statutory limitations withhold from nonresident survivors explicit, codified access to restraining orders, deterring nonresident survivors from initiating a petition as they may feel they are not eligible. This bill does more than ensure safety, it ensures trust. Trust in our government, the California State Legislature, and the systems which are meant to protect us, the systems that are currently failing survivors in California today. Approving this bill ensure that California will take a proactive approach which prevents future instances of sexual/domestic violence
The Alliance for Children's Rights writes the following in support of the bill:
The Alliance empowers children who have experienced foster care to maximize their potential. SB 554 would further our mission and protect the youth we serve as many of them are survivors of various forms of abuse and neglect, which can include domestic violence. This bill ensures that youth will be protected from any violence that warrants these protections, regardless of their residency status.
The Family Violence Law Center, supporting this bill, writes:
Our center provides survivor-centered legal and crisis intervention services, and our organization is deeply committed to advocating for the rights and well-being of survivors of sexual and domestic violence. This issue is particularly acute in California as one of the few states without a statute overseeing the jurisdiction of restraining order petitions for survivors of sexual/domestic violence. Due to California's significant population and annual visitors, coupled with its shared borders, make this issue crucial to address the gap in the current law to better protect survivors.
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
None.
VOTES
SENATE FLOOR: 32-6-2
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO: Dahle, Grove, Jones, Nguyen, Niello, Wilk
ABS, ABST OR NV: Gonzalez, Ochoa Bogh
ASM JUDICIARY: 8-0-4
YES: Kalra, Lee, Bryan, Connolly, Haney, Maienschein, McKinnor, Pacheco
ABS, ABST OR NV: Dixon, Joe Patterson, Reyes, Sanchez
UPDATED
VERSION: January 11, 2024
CONSULTANT: Alison Merrilees and Nicole Larson / JUD. / (916) 319-2334 FN: 0003490
Date of Hearing: June 4, 2024
ASSEMBLY COMMITTEE ON JUDICIARY
Ash Kalra, Chair
SBPCA Bill Id:SB 554
Author:(Cortese) – As Amended Ver:January 11, 2024
SENATE VOTE: 32-6
SUBJECT: RESTRAINING ORDERS
KEY ISSUE: SHOULD THE LAW EXPLICITLY ALLOW NONRESIDENTS OF CALIFORNIA TO PETITION FOR A TEMPORARY RESTRAINING ORDER OR PROTECTIVE ORDER TO PROHIBIT VIOLENCE OR HARASSMENT IN ANY SUPERIOR COURT IN THE STATE, WITHIN THE LIMITS OF CONSTITUTIONAL DUE PROCESS?
SYNOPSIS
This bill clarifies that individuals can seek temporary restraining orders (TROs) or protective orders under either the civil harassment protective order statute, or the Domestic Violence Prevention Act (DVPA) in any appropriate jurisdiction within the state, even if they are not residents of the state. Currently, neither the civil protective order statute, nor the DVPA explicitly addresses whether nonresidents can file for and obtain such orders. This lack of clarity can result in victims of harassment or abuse being left without legal recourse if the victim and perpetrator reside in different states, as neither state’s court may believe it has jurisdiction over a party in another state. This bill aims to resolve this issue by (1) explicitly allowing nonresidents to petition for a TRO or protective order in any appropriate jurisdiction within the state; and (2) providing specific examples of suitable jurisdictions that may issue such orders. As a result, the bill ensures that in-state petitioners can file in a convenient venue while maintaining due process protections for respondents.
This sensible and noncontroversial bill, sponsored by Restraining Orders Without Borders, is supported by a large number of organizations and individuals and has no opposition on file.
SUMMARY: Clarifies that a party may seek a temporary restraining order or protective order under the Code of Civil Procedure civil harassment protective order statute or the Domestic Violence Prevention Act (DVPA) in any superior court within the state where jurisdiction is appropriate, even if the party is not a resident of the state. Specifically, this bill:
- Provides that an individual who has suffered harassment as defined in the civil harassment protective order statute need not be a resident of the state in order to file a petition for a temporary order under that section and authorizes a petition to be filed in any superior court in this state, consistent with existing law, which may include, but is not limited to:
- The county in which the petitioner resides or is temporarily located.
- The county in which the defendant resides.
- The county in which the offense occurred.
- Any other court that may have jurisdiction over the parties or the subject matter of the case.
- Provides that an individual who has suffered a past act or acts of abuse as defined by the DVPA need not be a resident of the state in order to file a petition for a restraining order to prevent abuse and authorizes a petition to be filed in any superior court in this state, consistent with existing law, which may include, but is not limited to:
a) The county in which the petitioner resides or is temporarily located.
b) The county in which the defendant resides.
c) The county in which the offense occurred.
d) Any other court that may have jurisdiction over the parties or the subject matter of the case.
EXISTING LAW:
- Provides that, except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings, the superior court in the county in which the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. (Code of Civil Procedure Section 395 (a).)
- Specifies that proper venues for civil actions filed in the state include the following:
- If the action is for injury to personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury-causing death occurs is a proper court for the action.
- In a proceeding for a dissolution of marriage, the superior court in the county where either the petitioner or respondent has been a resident for three months preceding the commencement of the proceedings is a proper court for the proceeding.
- If none of the defendants reside in the state or if they reside in the state and the county where they reside is unknown to the plaintiff, the action may be tried in the superior court in any county that the plaintiff may designate in his or her complaint, and, if the defendant is about to depart from the state, the action may be tried in the superior court in any county where either of the parties reside or service is made. (Code of Civil Procedure Section 395 (a).)
- Provides that a court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of California or the United States. (Code of Civil Procedure Section 410.10.)
- Permits a person who has suffered harassment to seek a temporary restraining order and a protective order after a noticed hearing prohibiting harassment. (Id., at (b)(3).)
- Defines “Harassment” to mean unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner. (Id., at (b)(3).)
- Provides that a temporary order or order issued after a hearing may enjoin a party from a range of conduct, including harassing, intimidating, attacking, stalking, threatening, or making annoying phone calls to the petitioner. (Id., at (b)(6)(A).)
- Establishes the DVPA (Family Code Section 6200 et seq.), which sets forth procedural and substantive requirements for the issuance of a temporary restraining order or a protective order to, among other things, enjoin specific acts of abuse or prohibit the abuser from coming within a specified distance of the abused person. (Family Code Sections 6218, 6300.)
- Defines “domestic violence,” for purposes of the DVPA, as abuse perpetrated against a spouse or former spouse; a cohabitant or former cohabitant; a person with whom the respondent is having or has had a dating or engagement relationship; a person with whom the respondent has had a child, as specified; a child of a party or a child who is the subject of an action under the Uniform Parentage Act, as specified; or any other person related by consanguinity or affinity within the second degree. (Family Code Section 6211.)
- Authorizes a court to issue a personal conduct, stay-away, and residence exclusion order (collectively, a protective order) after a noticed hearing at which the alleged abuser may appear. (Family Code Sections 6340-6347.)
- States that a court may issue a personal conduct, stay-away, and residence exclusion order under the DVPA to protect any person eligible for such an order, including a minor. (Family Code Section 6301 (a).)
FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.
COMMENTS: This bill, sponsored by Restraining Orders Without Borders, clarifies that individuals can seek temporary restraining orders (TROs) or protective orders under the civil harassment protective order statute, or the DVPA in any appropriate jurisdiction within California, even if they are not state residents. In support of the bill, the author writes:
Every survivor of domestic violence deserves protection and peace of mind, regardless of where they may seek refuge or move their families. SB 554 will add California to the list of 14 other states with the most comprehensive restraining order laws. Currently, the lack of clear jurisdictional guidelines leads California courts to dismiss or deny petitions for restraining orders when survivors have sought safety by relocating. This bill will allow California judges to protect innocent people and families from further trauma, abuse, or injury.
Background – civil harassment and domestic violence protective orders. California has two main legal schemes under which a person may seek relief from harassment or abuse committed by a third party. The Code of Civil Procedure permits a court to issue a protective order against a person who is “harassing” the petitioner, provided that the harassment causes the petitioner substantial emotional distress. (Code of Civil Procedure Section 527.6 (b)(3).) The DVPA permits a court to issue a protective order against a respondent who is committing domestic violence, abuse, or sexual abuse against the petitioner, provided that the petitioner and respondent have, or have had, one of a number of enumerated familial or intimate relationships. (Family Code Sections 6218, 6300.) Under both schemes, a court may issue a temporary restraining order on an ex parte basis, and then issue a permanent order following a noticed hearing at which the respondent had the opportunity to be heard. However, in order for a court to consider issuing such orders, the petitioner must establish that the court in which he or she is requesting the order from is the appropriate venue with proper jurisdiction over the petitioner and respondent. Current law does not provide clear guidance about which county the survivor of such harassment may seek protective orders from, nor does it clearly permit survivors to seek protections in a court outside the county in which the harassment occurred. Therefore, a court could interpret existing law to find that it does not have proper jurisdiction over the parties. This could result in survivors being unable to obtain necessary protections in a county where they have relocated to for safety and could leave them feeling helpless.
Lack of explicit authority in state law for courts to issue orders affecting residents of other states could endanger victims of harassment and domestic violence. California allows courts to issue protective orders to prevent harassment and domestic violence. However, current law does not specifically give courts the authority to hear and issue restraining order petitions by non-residents, as laws in other states do. This makes answers to questions about who may petition for a restraining order; which court they may petition; and what their residency status must be, unclear. This lack of clarity arguably creates loopholes in the existing law meant to offer protection to survivors. As a result, survivors may delay filing petitions, delay accessing resources such as domestic violence and sexual assault victim clinics, and make themselves vulnerable to ongoing harassment or abuse.
This lack of clarity can leave survivors without legal protection, especially in cases where the victim and perpetrator reside in different states. The lack of jurisdictional clarity can prevent survivors from obtaining restraining orders, leaving them vulnerable to further abuse. Restraining Orders Without Borders, a campaign advocating for survivors' rights and the sponsor of this bill, highlights this issue through the experiences of its founder, Nazeehah Khan who was denied a restraining order in both Hawaii and California due to jurisdictional issues. Khan's case underscores the need for legislative change to ensure that all survivors, regardless of residency, can seek protection in California.
Similar laws in other states. The sponsor reports that they have successfully advocated for the passage of a recently enacted law in the State of Hawaii (SB 1267) that is similar to this bill. According to the author and sponsor, this bill, like the recent legislation enacted in Hawaii, is modeled after similar provisions codified in various other states. According to the author and sponsor, 26 states explicitly allow a nonresident plaintiff to petition for a restraining order; 33 states permit a plaintiff to file in the abuser’s county or state, and 26 states allow a nonresident plaintiff to petition in the county or state where the abuse occurred.
This bill aims to close a potential gap in California law by clarifying that a person does not need to be a resident of the state to seek a civil or DVPA restraining order or protective order. Currently, neither the civil protective order statute, nor the DVPA, explicitly addresses whether nonresidents can petition for a TRO or protective order. This lack of clarity can leave victims of harassment or abuse without a legal forum if they and the perpetrator reside in different states, as neither state's court may claim jurisdiction. This bill will make it easier for petitioners within the state to file in a convenient venue, while ensuring due process protections for the respondent. It specifies that nonresidents can petition for a TRO or protective order and provides examples of suitable jurisdictions.
The bill specifies that a petition for such an order may be filed in any appropriate jurisdiction, including where the petitioner resides or is temporarily located, where the defendant resides, or where the offense occurred. The bill's language ensures that a court's jurisdiction over these matters aligns with the state's long-arm personal jurisdiction statute which permits California courts to exercise jurisdiction on any basis not inconsistent with due process requirements. (See Code of Civil Procedure Section 410.10.) Additionally, the bill makes it easier for in-state petitioners to file in a convenient county, such as the one where they are temporarily residing, rather than having to file in the county where the respondent resides. Given the availability of remote court appearances, the expanded venue options should not be overly burdensome for respondents.
This bill does not supersede existing law regarding personal jurisdiction or infringe on the respondent’s due process protections. The Due Process Clause of the Fourteenth Amendment prohibits a state court from exercising personal jurisdiction over a nonresident unless that person has sufficient minimum contacts with that jurisdiction. (International Shoe Co. v. State of Wash. Unemployment Compensation and Placement (1945) 326 U.S. 310, 316.) Generally speaking, adequate minimum contacts arise when the nonresident’s conduct creates a “substantial connection” with the forum state. (Walden v. Fiore (2014) 571 U.S. 277, 284.) The courts will look at two aspects of the nonresident’s relationship to determine whether a substantial connection exists: whether the nonresident themselves created the relationship with the forum state; and the nonresident’s contacts with the forum state itself, rather than with persons who reside there. A nonresident’s physical presence in a state is not necessary to establish minimum contacts, “it is certainly a relevant contact.” (Id. at pp. 284-285.) On the other hand, a relationship with a resident of the state, without more, does not establish the requisite minimum contacts with the state—“the plaintiff cannot be the only link between the defendant and the forum.” —California’s long-arm statute extends the state courts’ jurisdiction as broadly as the Constitution permits. (Code of Civil Procedure Section 410.10.)
This bill is not intended to stretch the courts’ jurisdiction beyond constitutional limits or otherwise interfere with the due process rights of respondents. Instead, the bill is intended to make clear that the courts’ jurisdiction over the issuance of protective orders matters is not constrained by factors other than the requirements of the Due Process Clause. Thus, for example, this bill makes clear that a state court may exercise jurisdiction over a restraining order matter even if the petitioner is not a resident of this state; in such a case, the court would still need personal jurisdiction over the respondent, which would be appropriate if the respondent resided in the state or had sufficient minimum contacts with the state. The bill thus enables petitioners to seek restraining orders in the state, provided that the requirements of due process are met, without artificial barriers to obtaining the protection they need.
ARGUMENTS IN SUPPORT: Restraining Orders Without Borders, the sponsor of this bill, writes the following to explain why the bill is needed:
California is one of 36 states with restrictive restraining order requirements for victims of sexual/domestic violence. California shares borders with 3 states and recorded 258.8 million overnight person-trips with an anticipated annual growth reaching 320 million in 2027, leading to an increasing number of vulnerable victims. California’s statutory limitations withhold from nonresident survivors explicit, codified access to restraining orders, deterring nonresident survivors from initiating a petition as they may feel they are not eligible. This bill does more than ensure safety, it ensures trust. Trust in our government, the California State Legislature, and the systems which are meant to protect us, the systems that are currently failing survivors in California today. Approving this bill ensure that California will take a proactive approach which prevents future instances of sexual/domestic violence
The Alliance for Children’s Rights writes the following in support of the bill:
The Alliance empowers children who have experienced foster care to maximize their potential. SB 554 would further our mission and protect the youth we serve as many of them are survivors of various forms of abuse and neglect, which can include domestic violence. This bill ensures that youth will be protected from any violence that warrants these protections, regardless of their residency status.
The Family Violence Law Center, supporting this bill, writes:
Our center provides survivor-centered legal and crisis intervention services, and our organization is deeply committed to advocating for the rights and well-being of survivors of sexual and domestic violence. This issue is particularly acute in California as one of the few states without a statute overseeing the jurisdiction of restraining order petitions for survivors of sexual/domestic violence. Due to California’s significant population and annual visitors, coupled with its shared borders, make this issue crucial to address the gap in the current law to better protect survivors.
Prior Legislation. AB 1143 (Berman, Chap. 156, Stats. 2021) permitted a court, in a civil restraining order matter in which the respondent’s address is unknown, to authorize another method of service if the court determines that the petitioner made a diligent effort to accomplish personal service and there is reason to believe that the respondent is evading service and cannot be located.
REGISTERED SUPPORT / OPPOSITION:
Support
Restraining Orders Without Borders (sponsor)
Alliance for Children's Rights
Alum Rock Counseling Center
American Association of University Women - California
Amigos De Guadalupe Center for Justice and Empowerment
Bill Wilson Center
California Partnership to End Domestic Violence
Community Solutions for Children, Families and Individuals
Family Violence Appellate Project
Family Violence Law Center
Ignite
Latina Coalition of Silicon Valley
Momentum for Health
Rise, INC.
Sacred Heart Community Service
Somos Mayfair
The Adjacent Project
Valor
Valorcalifornia / Valorus
More than 40 individuals
Opposition
None on file
Analysis Prepared by: Nicole Larson / JUD. / (916) 319-2334
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 554 |
THIRD READING
Bill No: SB 554
Author: Cortese (D)
Amended: 1/11/24
Vote: 21
SENATE JUDICIARY COMMITTEE: 9-1, 1/11/24
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Gonzalez, Laird, Min, Wiener
NOES: Niello
NO VOTE RECORDED: Stern
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Restraining orders
SOURCE: Restraining Orders Without Borders
DIGEST:
This bill clarifies that a party may seek a temporary restraining order or protective order under the Code of Civil Procedure or the Domestic Violence Prevention Act (DVPA) in any superior court within the state where jurisdiction is appropriate, even if the party is not a resident.
ANALYSIS:
Existing law:
- Provides that, except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings, the superior court in the county in which the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. Additional proper venues include:
- If the action is for injury to personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury-causing death occurs is a proper court for the action.
- In a proceeding for a dissolution of marriage, the superior court in the county where either the petitioner or respondent has been a resident for three months preceding the commencement of the proceedings is a proper court for the proceeding.
- If none of the defendants reside in the state or if they reside in the state and the county where they reside is unknown to the plaintiff, the action may be tried in the superior court in any county that the plaintiff may designate in his or her complaint, and, if the defendant is about to depart from the state, the action may be tried in the superior court in any county where either of the parties reside or service is made. (Code Civ. Proc., § 395.)
- Provides that a court of this State may exercise jurisdiction on any basis not inconsistent with the Constitution of California or the United States. (Code Civ. Proc., § 410.10.)
- Permits a person who has suffered harassment to seek a temporary restraining order and a protective order after a noticed hearing prohibiting harassment.
- “Harassment” is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.
- The temporary order or order issued after a hearing may enjoin a party from a range of conduct, including harassing, intimidating, attacking, stalking, threatening, or making phone calls to the petitioner. (Code Civ. Proc., § 527.6.)
- Establishes the DVPA (Fam. Code, §§ 6200 et seq.), which sets forth procedural and substantive requirements for the issuance of a temporary restraining order or a protective order to, among other things, enjoin specific acts of abuse or prohibit the abuser from coming within a specified distance of the abused person. (Fam. Code, §§ 6218, 6300 et seq.)
- Defines “domestic violence,” for purposes of the DVPA, as abuse perpetrated against a spouse or former spouse; a cohabitant or former cohabitant; a person with whom the respondent is having or has had a dating or engagement relationship; a person with whom the respondent has had a child, as specified; a child of a party or a child who is the subject of an action under the Uniform Parentage Act, as specified; or any other person related by consanguinity or affinity within the second degree. (Fam. Code, § 6211.)
- Authorizes a court to issue a personal conduct, stay-away, and/or residence exclusion order (collectively, a protective order) after a noticed hearing at which the alleged abuser may appear. (Fam. Code, §§ 6340-6347.)
- States that a court may issue a personal conduct, stay-away, and/or residence exclusion under the DVPA to any person listed in 4), including a minor. (Fam. Code, § 6301(a).)
This bill:
- Provides that, for purposes of a civil or DVPA restraining order or protective order, an individual need not be a resident of the state to file a petition for the order.
- Provides that an individual may file a petition for a civil or DVPA restraining order or protective order in any superior court in this state consistent with Code of Civil Procedure section 410.10, which may include, but is not limited to:
- The county in which the petitioner resides or is temporarily located.
- The county in which the defendant resides.
- The county in which the offense occurred.
- Any other court that may have jurisdiction over the parties or the subject matter of the case.
Comments
California has two main provisions by which a person may seek relief from harassment or abuse from a third party. The Code of Civil Procedure permits a court to issue a protective order against a person who is “harassing” the petitioner, provided that the harassment causes the petitioner substantial emotional distress.[1] The DVPA permits a court to issue a protective order against a respondent who is committing domestic violence against the petitioner, provided that the petitioner and respondent have, or have had, one of the enumerated familial or intimate relationships.[2] Under both mechanisms, a court may issue a temporary restraining order on an ex parte basis, and then issue a permanent order following a noticed hearing at which the respondent had the opportunity to be heard.[3]
While the civil and DVPA protective order statutes are tailored to cover a range of harassing and abusive conduct, the statutes as currently in law do not currently specify whether, and when, a nonresident of the state may seek a protective order. According to the sponsor of this bill, the lack of clarity (here and in other states’ similar laws) can lead to a situation where a victim of harassment or abuse is left without a forum to obtain a protective order: if the victim and perpetrator are residents of different states, and neither state’s court believes it can exercise jurisdiction over the matter, the victim has nowhere to turn.
This bill closes this potential gap by clarifying that a person need not be a resident of the state in order to seek a civil or DVPA restraining order or a protective order. This bill also clarifies that a petition for such an order may be filed in any jurisdiction that is appropriate, such as where the petitioner resides or is temporarily located, where the defendant resides, or where the offense occurs. This bill’s language makes clear that a court’s jurisdiction over these matters is consistent with the state’s long-arm personal jurisdiction statute, and therefore with the requirements of due process. This bill also makes it easier for petitioners who are residents of the state to file in a county convenient for them (such the county in which they temporarily reside), rather than having to file in the county where the respondent resides; given the availability of remote appearances, the expanded venue options should not be overly onerous for respondents.[4]
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 1/16/24)
Restraining Orders Without Borders (source)
Over 40 individuals
OPPOSITION: (Verified 1/16/24)
None received
ARGUMENTS IN SUPPORT: According to Restraining Orders Without Borders:
When our laws protecting survivors are weak, our laws protecting perpetrators are inadvertently strong. When courts are dismissing survivors’ cases, it is the perpetrator they rule in favor of. When the survivor is unprotected, it is the perpetrator that is safe. It is time interstate violence is met with interstate protection by California.
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
1/17/24 14:34:09
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Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: SB 554 (Author:Cortese)
Version: January 3, 2024
Hearing Date: January 11, 2024
Fiscal: Yes
Urgency: No
Consultant: AWM
SUBJECT
Restraining Orders
DIGEST
This bill clarifies that a party may seek a temporary restraining order or protective order under the Code of Civil Procedure or the Domestic Violence Prevention Act (DVPA) in any appropriate jurisdiction within the state, even if the party is not a resident.
EXECUTIVE SUMMARY
California offers two main avenues by which a person who is being harassed or abused may seek a court order to stop that harassment or abuse. The Code of Civil Procedure provides a general mechanism for persons who are being harassed to seek such an order, and the DVPA provides a mechanism for persons who are the victim of abuse perpetrated by certain family members or current or former intimate partners. Under both regimes, a court may issue a temporary restraining order (TRO) on an ex parte basis and, following a noticed hearing at which the respondent was given the opportunity to be heard, a protective order that may last for a period of months or years.
Currently, neither the civil protective order statute nor the DVPA specifies whether a nonresident may seek a TRO or protective order. To ensure that victims are not prevented from seeking protection from harassment—particularly in situations where the perpetrator lives in the state, so that another state’s court might not have jurisdiction over the perpetrator—this bill clarifies that a nonresident may petition for a TRO or protective order, and provides examples of where jurisdiction may be appropriate. The author has agreed to amend the bill to further clarify when the court may exercise jurisdiction in a TRO or protective order matter, to ensure that the bill is consistent with existing due process limitations; these amendments will be taken in the Senate Appropriations Committee.
This bill is sponsored by Restraining Orders Without Borders and is supported by over 40 individuals. The Committee has not received timely opposition to this bill.
PROPOSED CHANGES TO THE LAW
Existing law:
- Provides that a court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or the United States. (Code Civ. Proc., § 410.10.)
- Permits a person who has suffered harassment to seek a temporary restraining order and a protective order after a noticed hearing prohibiting harassment.
- “Harassment” is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.
- The temporary order or order issued after a hearing may enjoin a party from a range of conduct, including harassing, intimidating, attacking, stalking, threatening, or making phone calls to the petitioner. (Code Civ. Proc., § 527.6.)
- Establishes the DVPA (Fam. Code, §§ 6200 et seq.), which sets forth procedural and substantive requirements for the issuance of a temporary restraining order or a protective order to, among other things, enjoin specific acts of abuse or prohibit the abuser from coming within a specified distance of the abused person. (Fam. Code, §§ 6218, 6300 et seq.)
- Defines “domestic violence,” for purposes of the DVPA, as abuse perpetrated against a spouse or former spouse; a cohabitant or former cohabitant; a person with whom the respondent is having or has had a dating or engagement relationship; a person with whom the respondent has had a child, as specified; a child of a party or a child who is the subject of an action under the Uniform Parentage Act, as specified; or any other person related by consanguinity or affinity within the second degree. (Fam. Code, § 6211.)
- Authorizes a court to issue a personal conduct, stay-away, and/or residence exclusion order (collectively, a protective order) after a noticed hearing at which the alleged abuser may appear. (Fam. Code, §§ 6340-6347.)
- States that a court may issue a personal conduct, stay-away, and/or residence exclusion under the DVPA to any person listed in 4), including a minor. (Fam. Code, § 6301(a).)
This bill:
- Provides that, for purposes of a civil or DVPA restraining order or protective order, an individual need not be a resident of the state to file a petition for the order.
- Provides that an individual may file a petition for a civil or DVPA restraining order or protective order in a court in this state in the following jurisdictions, including, but not limited to:
- Where the petitioner resides or is temporarily located.
- Where the defendant resides.
- Where the offense occurred.
- Any other court that may have jurisdiction over the parties or the subject matter of the case.
COMMENTS
- Author’s comment
According to the author:
Every survivor of domestic violence deserves protection and peace of mind, regardless of where they may seek refuge or move their families. SB 554 will add California to the list of 14 other states with the most comprehensive restraining order laws. Currently, the lack of clear jurisdictional guidelines leads California courts to dismiss or deny petitions for restraining orders when survivors have sought safety by relocating. This bill will allow California judges to protect innocent people and families from further trauma, abuse, or injury.
2. California’s protective order mechanisms do not specify the scope of the courts’ jurisdiction
California has two main provisions by which a person may seek relief from harassment or abuse from a third party. The Code of Civil Procedure permits a court to issue a protective order against a person who is “harassing” the petitioner, provided that the harassment causes the petitioner substantial emotional distress.[1] And the DVPA permits a court to issue a protective order against a respondent who is committing domestic violence against the petitioner, provided that the petitioner and respondent have, or have had, one of the enumerated familial or intimate relationships.[2] Under both mechanisms, a court may issue a temporary restraining order on an ex parte basis, and then issue a permanent order following a noticed hearing at which the respondent had the opportunity to be heard.[3]
While the civil and DVPA protective order statutes are tailored to cover a range of harassing and abusive conduct, the statutes as currently in law do not currently specify whether, and when, a nonresident of the state may seek a protective order. According to the sponsor of this bill, the lack of clarity (here and in other states’ similar laws) can lead to a situation where a victim of harassment or abuse is left without a forum to obtain a protective order: if the victim and perpetrator are residents of different states, neither state’s court may believe it can exercise jurisdiction over the matter.
3. This bill clarifies that a state court may exercise jurisdiction over restraining and protective order matters brought by a nonresident of the state
This bill closes the potential gap discussed in Part 2 by clarifying that a person need not be a resident of the state in order to seek a civil or DVPA restraining order or a protective order. The bill also clarifies that a petition for such an order may be filed in any jurisdiction that is appropriate, such as where the petitioner resides or is temporarily located, where the defendant resides, or where the offense occurs. As explained below in Part 4, a court’s jurisdiction in a restraining or protective order case remains subject to due process limitations. The bill will also make it easier for in-state petitioners to file in a venue convenient for them (such the county in which they temporarily reside); given the availability of remote appearances, the expanded venue options should not be overly onerous for respondents.[4] The author has also agreed to amendments, discussed in Part 5, to clarify the intent and scope of the bill.
The bill’s sponsor, Restraining Orders Without Borders, writes in support:
When our laws protecting survivors are weak, our laws protecting perpetrators are inadvertently strong. When courts are dismissing survivors’ cases, it is the perpetrator they rule in favor of. When the survivor is unprotected, it is the perpetrator that is safe. It is time interstate violence is met with interstate protection by California.
4. This bill does not supersede existing law regarding personal jurisdiction
The Due Process Clause of the Fourteenth Amendment prohibits a state court from exercising personal jurisdiction over a nonresident unless that person has sufficient minimum contacts with that jurisdiction.[5] Generally speaking, adequate minimum
contacts arise when the nonresident’s conduct creates a “substantial connection” with the forum state.[6] The courts will look at two aspects of the nonresident’s relationship to determine whether a substantial connection exists: whether the nonresident themselves created the relationship with the forum state; and the nonresident’s contacts with the forum state itself, rather than with persons who reside there.[7] A nonresident’s physical presence in a state is not necessary to establish minimum contacts, “it is certainly a relevant contact.”[8] On the other hand, a relationship with a resident of the state, without more, does not establish the requisite minimum contacts with the state—“the plaintiff cannot be the only link between the defendant and the forum.”[9] California’s long-arm statute extends the state courts’ jurisdiction as broadly as the Constitution permits.[10]
This bill is not intended to stretch the courts’ jurisdiction beyond constitutional limits or otherwise interfere with the due process rights of respondents.[11] Instead, the bill is intended to make clear that the courts’ jurisdiction over restraining order matters is not constrained by factors other than the requirements of the Due Process Clause. Thus, for example, this bill makes clear that a state court may exercise jurisdiction over a restraining order matter even if the petitioner is not a resident of this state; in such a case, the court would still need personal jurisdiction over the respondent, which would be appropriate if the respondent resided in the state or had sufficient minimum contacts with the state. The bill thus enables petitioners to seek restraining orders in the state, provided that the requirements of due process are met, without artificial barriers to obtaining the protection they need.
5. Amendments
As noted above, the author has agreed to amend the bill to ensure that the bill’s provisions are interpreted consistent with constitutional limits on personal jurisdiction. Due to time constraints, these amendments will be taken in the Senate Appropriations Committee. The amendments are as follows, subject to nonsubstantive changes suggested by Legislative Counsel:
At page 2, replace lines 7-16 with the following:
(2) An individual need not be a resident of the state to file a petition for an order under this section. A petition for an order as specified in paragraph (1) may be filed in in any superior court in this state, consistent with Code of Civil Procedure section 410.10, which may include, but is not limited to:
(A) The county in which the petitioner resides or is temporarily located.
(B) The county in which the defendant resides.
(C) The county in which the offense occurred.
At page 13, replace lines 1-9 with the following:
(a) An individual need not be a resident of the state to file a petition for an order under this part. A petition for an order under this part may be filed in any superior court in this state, consistent with Code of Civil Procedure section 410.10, which may include, but is not limited to:
(1) The county in which the petitioner resides or is temporarily located.
(2) The county in which the defendant resides.
(3) The county in which the offense occurred.
SUPPORT
Restraining Orders Without Borders (sponsor)
Over 40 individuals
OPPOSITION
None received
RELATED LEGISLATION
Pending Legislation: None known.
Prior Legislation: AB 1143 (Berman, Ch. 156, Stats. 2021) permitted a court, in a civil restraining order matter in which the respondent’s address is unknown, to authorize another method of service if the court determines that the petitioner made a diligent effort to accomplish personal service and there is reason to believe that the respondent is evading service and cannot be located.
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Code Civ. Proc., § 527.6. ↑
Fam. Code, § 6211; see generally id., §§ 6200-6389. ↑
Code Civ. Proc., § 5276(a), (j); Fam. Code, §§ 6320, 6340. ↑
See Code Civ. Proc., § 367.75; Fam. Code, § 6303. ↑
International Shoe Co. v. State of Wash. Unemployment Compensation and Placement (1945) 326 U.S. 310, 316. ↑
Walden v. Fiore (2014) 571 U.S. 277, 284. ↑
Id. at pp. 284-285. ↑
Id. at p. 285. ↑
Ibid. ↑
Code Civ. Proc., § 410.10. ↑
The courts have made clear that respondents in protective order matters have the right to due process, in the form of notice and a meaningful opportunity to be heard in a manner appropriate to the nature of the case. (E.g., In re Marriage of D.S. and A.S. (2023) 87 Cal.App.5th 926, 935.) ↑
Discussed in Hearing
2MIN
Assembly Floor
4MIN
Assembly Standing Committee on Judiciary
3MIN
Senate Floor
13MIN
Senate Standing Committee on Judiciary
Bill Author
