SB 741: Domestic violence restraining orders: prehearing discovery.

Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Under existing law, the act authorizes the court to issue a protective order, as defined, either ex parte or after a hearing, to restrain a person to prevent the recurrence of domestic violence.

Existing law establishes the Civil Discovery Act, which governs the rules and procedures related to discovery in civil actions. The act authorizes the parties in a civil action, unless ordered otherwise, to modify discovery procedures by written stipulation, as specified.

This bill would prohibit discovery pursuant to the Civil Discovery Act for purposes of the Domestic Violence Prevention Act except when a court grants a request for discovery upon a showing of good cause by the party making the request, as specified. The bill would require a court determining whether to permit discovery to consider, among other things, the importance and relevance of, and need for, the information sought to be obtained. The bill would authorize a court to continue commencement of the hearing or commence the hearing to receive evidence and then continue the hearing to permit one or more methods of discovery if a court finds good cause and grants a request for discovery. The bill would require the court to limit and control any permitted discovery to the least intrusive methods, as specified. The bill would make related intent statements and findings and declarations.