AB 2179: Workplace violence: restraining orders.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2026-09-30
Current Status:
Passed
(2026-09-30: Chaptered by Secretary of State - Chapter 839, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
The bill lets an employer or union representative (someone who represents employees in labor matters) ask a court for temporary or longer restraining orders to protect an individual employee or all employees at a workplace, and allows filing a petition without naming a specific employee when the threat targets the workplace. It requires courts to let parties and witnesses appear remotely at those hearings and to accept related filings electronically, bans fees for remote appearance, and directs courts and the Judicial Council to make rules and forms for these processes. The bill also waives certain filing, subpoena, response, and sheriff service fees for these petitions.
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 any employer or authorized bargaining representative, as specified, whose employee has suffered unlawful violence or a credible threat of violence that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill would, beginning on January 1, 2028, allow any party or witness to a petition for a restraining order to appear remotely at a hearing and would prohibit any fee for appearing remotely. The bill would require the court of each county to develop rules and instructions for such remote appearances and post them on its website. The bill would also, commencing on January 1, 2028, require courts to allow filings related to such protective orders to be submitted electronically, as specified. The bill would make conforming changes.
This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure proposed by AB 1961 to be operative only if this bill and AB 1961 are enacted and this bill is enacted last.
Existing law authorizes any employer or authorized bargaining representative, as specified, whose employee has suffered unlawful violence or a credible threat of violence that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill would, beginning on January 1, 2028, allow any party or witness to a petition for a restraining order to appear remotely at a hearing and would prohibit any fee for appearing remotely. The bill would require the court of each county to develop rules and instructions for such remote appearances and post them on its website. The bill would also, commencing on January 1, 2028, require courts to allow filings related to such protective orders to be submitted electronically, as specified. The bill would make conforming changes.
This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure proposed by AB 1961 to be operative only if this bill and AB 1961 are enacted and this bill is enacted last.
Existing law authorizes any employer or authorized bargaining representative, as specified, whose employee has suffered unlawful violence or a credible threat of violence that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill would, beginning on January 1, 2028, allow any party or witness to a petition for a restraining order to appear remotely at a hearing and would prohibit any fee for appearing remotely. The bill would require the court of each county to develop rules and instructions for such remote appearances and post them on its website. The bill would also, commencing on January 1, 2028, require courts to allow filings related to such protective orders to be submitted electronically, as specified. The bill would make conforming changes.
This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure proposed by AB 1961 to be operative only if this bill and AB 1961 are enacted and this bill is enacted last.
Existing law authorizes any employer or authorized bargaining representative, as specified, whose employee has suffered unlawful violence or a credible threat of violence that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill would, beginning on July 1, 2027, January 1, 2028, allow any party or witness to a petition for a restraining order to appear remotely at a hearing and would prohibit any fee for appearing remotely. The bill would require the court of each county to develop rules and instructions for such remote appearances and post them on its website. The bill would also, commencing on July 1, 2027, January 1, 2028, require courts to allow filings related to such protective orders to be submitted electronically, as specified. The bill would make conforming changes.
This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure proposed by AB 1961 to be operative only if this bill and AB 1961 are enacted and this bill is enacted last.
Existing law authorizes any employer or authorized bargaining representative, as specified, whose employee has suffered unlawful violence or a credible threat of violence that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill would, beginning on July 1, 2027, allow any party or witness to a petition for a restraining order to appear remotely at a hearing and would prohibit any fee for appearing remotely. The bill would require the court of each county to develop rules and instructions for such remote appearances and post them on its website. The bill would also, commencing on July 1, 2027, require courts to allow filings related to such protective orders to be submitted electronically, as specified. The bill would make conforming changes.
Existing law authorizes any employer or authorized bargaining representative, as specified, whose employee has suffered unlawful violence or a credible threat of violence that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace, as described.
This bill would, beginning on July 1, 2027, allow any party or witness to a petition for a restraining order to appear remotely at a hearing and would prohibit any fee for appearing remotely. The bill would require the court of each county to develop rules and instructions for such remote appearances and post them on its website. The bill would also, commencing on July 1, 2027, require courts to allow filings related to such protective orders to be submitted electronically, as specified. The bill would make conforming changes.
(a)Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(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 employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, a joint powers authority, or a public transit operator, whether operated directly by a public entity or through a contract or subcontract, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(4)Harassment is 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.
(5)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(6)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.
(7)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 employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(8)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, or any violation of Section 243.3 of the Penal Code, but shall not include lawful acts of self-defense or defense of others. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)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, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)(1)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following:
(A)Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
(B)Clear and convincing evidence of all of the following:
(i)That an employee has suffered harassment by the respondent.
(ii)That great or irreparable harm would result to an employee.
(iii)That the course of conduct at issue served no legitimate purpose.
(iv)That the issuance of the order is not prohibited by subdivision (c).
(2)The temporary restraining order may include any of the protective orders described in paragraph (7) of subdivision (b).
(g)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, unless the petition is filed too late in the day to permit effective review, in which case 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.
(h)A temporary restraining order granted 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 (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)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 no request for temporary orders is 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.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence.
(k)(1)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue prohibiting further harassment, unlawful violence, or threats of violence.
(2)Commencing January 1, 2028, a party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing and shall develop local rules and instructions for remote appearances permitted under this paragraph, which shall be posted on the courts internet website.
(3)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement paragraph (2).
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three 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. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence 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. The request for renewal may be brought at any time within the three months before the expiration of the order.
(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 prior to 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 prior to 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 their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon 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.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any 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.
(r)(1)If a respondent, named in a restraining order issued under this section 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, no additional proof of service is 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 person 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, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person 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 restraining order except for the expiration date is issued at the hearing, a copy of the 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.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence 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 any order issued under this section, or a 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 each 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 these orders to law enforcement officers responding to the scene of reported harassment, unlawful violence, or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment, unlawful violence, or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and 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, unlawful violence, or a credible threat of violence 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 petitioner or the protected person cannot produce an endorsed 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 obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of harassment, unlawful violence, or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under 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 under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every 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.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to harassment, unlawful violence, or a credible threat of violence 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.
(x)(1)(A)Commencing January 1, 2028, a court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(C)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement this paragraph.
(2)(A)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section.
(B)A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts.
(C)A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on 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.
(z)This section shall become operative on January 1, 2025.
SEC. 1.5.Section 527.8 of the Code of Civil Procedure is amended to read:527.8.(a)(1)Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(2)If harassment, unlawful violence, or a credible threat of violence is directed at an employers workplace or a location where a group of employees perform their primary job duties, rather than at any specific employee, the employer may, without naming a specific employee in the petition, seek a temporary restraining order and an order after hearing, as described in subparagraph (B) of paragraph (7) of subdivision (b), on behalf of all employees at that workplace or location.
(3)On or before January 1, 2028, the Judicial Council shall adopt or modify forms, as needed, to implement this subdivision.
(4)Notwithstanding any other law, contracts entered into or amended, or changes to existing information technology systems made pursuant to paragraph (2) shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, the Statewide Information Management Manual, and the State Administrative Manual, and shall be exempt from the review or approval of any division of the Department of General Services or the Department of Technology.
(b)For purposes of this section:
(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 employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, a joint powers authority, or a public transit operator, whether operated directly by a public entity or through a contract or subcontract, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(4)Harassment is 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.
(5)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(6)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.
(7)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 employee.
(B)In response to a petition made on behalf of all employees at the employers workplace or a location where a group of employees performs their primary job duties, an order enjoining a party from telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of that workplace or location.
(C)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A) or (B).
(8)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, or any violation of Section 243.3 of the Penal Code, but shall not include lawful acts of self-defense or defense of others. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)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, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)(1)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following:
(A)Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
(B)Clear and convincing evidence of all of the following:
(i)That an employee has suffered harassment by the respondent.
(ii)That great or irreparable harm would result to an employee.
(iii)That the course of conduct at issue served no legitimate purpose.
(iv)That the issuance of the order is not prohibited by subdivision (c).
(2)The temporary restraining order may include any of the protective orders described in paragraph (7) of subdivision (b).
(g)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, unless the petition is filed too late in the day to permit effective review, in which case 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.
(h)A temporary restraining order granted 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 (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)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 no request for temporary orders is 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.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence.
(k)(1)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue prohibiting further harassment, unlawful violence, or threats of violence.
(2)Commencing January 1, 2028, a party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing and shall develop local rules and instructions for remote appearances permitted under this paragraph, which shall be posted on the courts internet website.
(3)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement paragraph (2).
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three 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. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence 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. The request for renewal may be brought at any time within the three months before the expiration of the order.
(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 prior to 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 prior to 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 their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon 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.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any 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.
(r)(1)If a respondent, named in a restraining order issued under this section 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, no additional proof of service is 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 person 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, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person 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 restraining order except for the expiration date is issued at the hearing, a copy of the 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.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence 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 any order issued under this section, or a 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 each 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 these orders to law enforcement officers responding to the scene of reported harassment, unlawful violence, or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment, unlawful violence, or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and 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, unlawful violence, or a credible threat of violence 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 petitioner or the protected person cannot produce an endorsed 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 obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of harassment, unlawful violence, or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under 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 under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every 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.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to harassment, unlawful violence, or a credible threat of violence 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.
(x)(1)(A)Commencing January 1, 2028, a court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(C)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement this paragraph.
(2)(A)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section.
(B)A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts.
(C)A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on 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.
(z)This section shall become operative on January 1, 2025.
SEC. 2.Section 6103.2 of the Government Code is amended to read:6103.2.(a)Section 6103 does not apply to any fee or charge or expense for official services rendered by a sheriff or marshal in connection with the levy of writs of attachment, execution, possession, or sale. The fee, charge, or expense may be advanced to the sheriff or marshal, as otherwise required by law.
(b)(1)Notwithstanding Section 6103, the sheriff or marshal, in connection with the service of process or notices, may require that all fees which a public agency, or any person or entity, is required to pay under provisions of law other than this section, be prepaid by a public agency named in Section 6103, or by any person or entity, prior to the performance of any official act. This authority to require prepayment shall include fees governed by Section 6103.5.
(2)This subdivision does not apply to the service of process or notices in any action by the district attorneys office for the establishment or enforcement of a child support obligation.
(3)This subdivision does not apply to a particular jurisdiction unless the sheriff or marshal, as the case may be, imposes the requirement of prepayment upon public agencies and upon all persons or entities within the private sector.
(4)The requirement for prepayment of a fee deposit does not apply to orders or injunctions described in paragraph (1) of subdivision (x) of Section 527.6, paragraph (1) of subdivision (y) of Section 527.8, or paragraph (1) of subdivision (w) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code (Prevention of Domestic Violence), Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code (Gun Violence Restraining Orders), and Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code (Elder Abuse and Dependent Adult Civil Protection Act).
However, a sheriff or marshal may submit a billing to the superior court for payment of fees in the manner prescribed by the Judicial Council irrespective of the in forma pauperis status of any party under Rules 3.50 to 3.58, inclusive, of the California Rules of Court. The fees for service, cancellation of service, and making a not found return may not exceed the amounts provided in Sections 26721, 26736, and 26738, respectively, and are subject to the provisions of Section 26731.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 527.8 of the Code of Civil Procedure proposed by both this bill and AB 1961. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 527.8 of the Code of Civil Procedure, and (3) this bill is enacted after AB 1961, in which case Section 1 of this bill shall not become operative.
(a)Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(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 employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, a joint powers authority, or a public transit operator, whether operated directly by a public entity or through a contract or subcontract, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(4)Harassment is 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.
(5)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(6)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.
(7)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 employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(8)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, or any violation of Section 243.3 of the Penal Code, but shall not include lawful acts of self-defense or defense of others. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)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, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)(1)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following:
(A)Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
(B)Clear and convincing evidence of all of the following:
(i)That an employee has suffered harassment by the respondent.
(ii)That great or irreparable harm would result to an employee.
(iii)That the course of conduct at issue served no legitimate purpose.
(iv)That the issuance of the order is not prohibited by subdivision (c).
(2)The temporary restraining order may include any of the protective orders described in paragraph (7) of subdivision (b).
(g)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, unless the petition is filed too late in the day to permit effective review, in which case 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.
(h)A temporary restraining order granted 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 (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)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 no request for temporary orders is 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.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence.
(k)(1)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue prohibiting further harassment, unlawful violence, or threats of violence.
(2)Commencing January 1, 2028, a party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing and shall develop local rules and instructions for remote appearances permitted under this paragraph, which shall be posted on the courts internet website.
(3)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement paragraph (2).
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three 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. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence 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. The request for renewal may be brought at any time within the three months before the expiration of the order.
(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 prior to 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 prior to 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 their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon 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.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any 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.
(r)(1)If a respondent, named in a restraining order issued under this section 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, no additional proof of service is 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 person 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, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person 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 restraining order except for the expiration date is issued at the hearing, a copy of the 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.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence 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 any order issued under this section, or a 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 each 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 these orders to law enforcement officers responding to the scene of reported harassment, unlawful violence, or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment, unlawful violence, or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and 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, unlawful violence, or a credible threat of violence 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 petitioner or the protected person cannot produce an endorsed 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 obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of harassment, unlawful violence, or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under 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 under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every 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.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to harassment, unlawful violence, or a credible threat of violence 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.
(x)(1)(A)Commencing January 1, 2028, a court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(C)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement this paragraph.
(2)(A)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section.
(B)A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts.
(C)A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on 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.
(z)This section shall become operative on January 1, 2025.
SEC. 1.5.Section 527.8 of the Code of Civil Procedure is amended to read:527.8.(a)(1)Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(2)If harassment, unlawful violence, or a credible threat of violence is directed at an employers workplace or a location where a group of employees perform their primary job duties, rather than at any specific employee, the employer may, without naming a specific employee in the petition, seek a temporary restraining order and an order after hearing, as described in subparagraph (B) of paragraph (7) of subdivision (b), on behalf of all employees at that workplace or location.
(3)On or before January 1, 2028, the Judicial Council shall adopt or modify forms, as needed, to implement this subdivision.
(4)Notwithstanding any other law, contracts entered into or amended, or changes to existing information technology systems made pursuant to paragraph (2) shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, the Statewide Information Management Manual, and the State Administrative Manual, and shall be exempt from the review or approval of any division of the Department of General Services or the Department of Technology.
(b)For purposes of this section:
(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 employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, a joint powers authority, or a public transit operator, whether operated directly by a public entity or through a contract or subcontract, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(4)Harassment is 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.
(5)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(6)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.
(7)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 employee.
(B)In response to a petition made on behalf of all employees at the employers workplace or a location where a group of employees performs their primary job duties, an order enjoining a party from telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of that workplace or location.
(C)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A) or (B).
(8)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, or any violation of Section 243.3 of the Penal Code, but shall not include lawful acts of self-defense or defense of others. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)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, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)(1)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following:
(A)Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
(B)Clear and convincing evidence of all of the following:
(i)That an employee has suffered harassment by the respondent.
(ii)That great or irreparable harm would result to an employee.
(iii)That the course of conduct at issue served no legitimate purpose.
(iv)That the issuance of the order is not prohibited by subdivision (c).
(2)The temporary restraining order may include any of the protective orders described in paragraph (7) of subdivision (b).
(g)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, unless the petition is filed too late in the day to permit effective review, in which case 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.
(h)A temporary restraining order granted 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 (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)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 no request for temporary orders is 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.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence.
(k)(1)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue prohibiting further harassment, unlawful violence, or threats of violence.
(2)Commencing January 1, 2028, a party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing and shall develop local rules and instructions for remote appearances permitted under this paragraph, which shall be posted on the courts internet website.
(3)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement paragraph (2).
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three 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. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence 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. The request for renewal may be brought at any time within the three months before the expiration of the order.
(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 prior to 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 prior to 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 their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon 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.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any 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.
(r)(1)If a respondent, named in a restraining order issued under this section 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, no additional proof of service is 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 person 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, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person 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 restraining order except for the expiration date is issued at the hearing, a copy of the 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.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence 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 any order issued under this section, or a 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 each 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 these orders to law enforcement officers responding to the scene of reported harassment, unlawful violence, or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment, unlawful violence, or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and 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, unlawful violence, or a credible threat of violence 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 petitioner or the protected person cannot produce an endorsed 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 obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of harassment, unlawful violence, or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under 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 under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every 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.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to harassment, unlawful violence, or a credible threat of violence 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.
(x)(1)(A)Commencing January 1, 2028, a court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(C)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement this paragraph.
(2)(A)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section.
(B)A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts.
(C)A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on 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.
(z)This section shall become operative on January 1, 2025.
SEC. 2.Section 6103.2 of the Government Code is amended to read:6103.2.(a)Section 6103 does not apply to any fee or charge or expense for official services rendered by a sheriff or marshal in connection with the levy of writs of attachment, execution, possession, or sale. The fee, charge, or expense may be advanced to the sheriff or marshal, as otherwise required by law.
(b)(1)Notwithstanding Section 6103, the sheriff or marshal, in connection with the service of process or notices, may require that all fees which a public agency, or any person or entity, is required to pay under provisions of law other than this section, be prepaid by a public agency named in Section 6103, or by any person or entity, prior to the performance of any official act. This authority to require prepayment shall include fees governed by Section 6103.5.
(2)This subdivision does not apply to the service of process or notices in any action by the district attorneys office for the establishment or enforcement of a child support obligation.
(3)This subdivision does not apply to a particular jurisdiction unless the sheriff or marshal, as the case may be, imposes the requirement of prepayment upon public agencies and upon all persons or entities within the private sector.
(4)The requirement for prepayment of a fee deposit does not apply to orders or injunctions described in paragraph (1) of subdivision (x) of Section 527.6, paragraph (1) of subdivision (y) of Section 527.8, or paragraph (1) of subdivision (w) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code (Prevention of Domestic Violence), Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code (Gun Violence Restraining Orders), and Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code (Elder Abuse and Dependent Adult Civil Protection Act).
However, a sheriff or marshal may submit a billing to the superior court for payment of fees in the manner prescribed by the Judicial Council irrespective of the in forma pauperis status of any party under Rules 3.50 to 3.58, inclusive, of the California Rules of Court. The fees for service, cancellation of service, and making a not found return may not exceed the amounts provided in Sections 26721, 26736, and 26738, respectively, and are subject to the provisions of Section 26731.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 527.8 of the Code of Civil Procedure proposed by both this bill and AB 1961. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 527.8 of the Code of Civil Procedure, and (3) this bill is enacted after AB 1961, in which case Section 1 of this bill shall not become operative.
(a)Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(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 employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, a joint powers authority, or a public transit operator, whether operated directly by a public entity or through a contract or subcontract, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(4)Harassment is 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.
(5)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(6)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.
(7)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 employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(8)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, or any violation of Section 243.3 of the Penal Code, but shall not include lawful acts of self-defense or defense of others. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)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, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)(1)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following:
(A)Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
(B)Clear and convincing evidence of all of the following:
(i)That an employee has suffered harassment by the respondent.
(ii)That great or irreparable harm would result to an employee.
(iii)That the course of conduct at issue served no legitimate purpose.
(iv)That the issuance of the order is not prohibited by subdivision (c).
(2)The temporary restraining order may include any of the protective orders described in paragraph (7) of subdivision (b).
(g)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, unless the petition is filed too late in the day to permit effective review, in which case 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.
(h)A temporary restraining order granted 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 (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)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 no request for temporary orders is 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.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence.
(k)(1)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue prohibiting further harassment, unlawful violence, or threats of violence.
(2)Commencing January 1, 2028, a party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing and shall develop local rules and instructions for remote appearances permitted under this paragraph, which shall be posted on the courts internet website.
(3)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement paragraph (2).
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three 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. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence 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. The request for renewal may be brought at any time within the three months before the expiration of the order.
(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 prior to 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 prior to 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 their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon 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.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any 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.
(r)(1)If a respondent, named in a restraining order issued under this section 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, no additional proof of service is 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 person 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, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person 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 restraining order except for the expiration date is issued at the hearing, a copy of the 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.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence 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 any order issued under this section, or a 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 each 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 these orders to law enforcement officers responding to the scene of reported harassment, unlawful violence, or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment, unlawful violence, or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and 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, unlawful violence, or a credible threat of violence 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 petitioner or the protected person cannot produce an endorsed 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 obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of harassment, unlawful violence, or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under 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 under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every 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.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to harassment, unlawful violence, or a credible threat of violence 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.
(x)(1)(A)Commencing January 1, 2028, a court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(C)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement this paragraph.
(2)(A)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section.
(B)A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts.
(C)A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on 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.
(z)This section shall become operative on January 1, 2025.
SEC. 1.5.Section 527.8 of the Code of Civil Procedure is amended to read:527.8.(a)(1)Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(2)If harassment, unlawful violence, or a credible threat of violence is directed at an employers workplace or a location where a group of employees perform their primary job duties, rather than at any specific employee, the employer may, without naming a specific employee in the petition, seek a temporary restraining order and an order after hearing, as described in subparagraph (B) of paragraph (7) of subdivision (b), on behalf of all employees at that workplace or location.
(3)On or before January 1, 2028, the Judicial Council shall adopt or modify forms, as needed, to implement this subdivision.
(4)Notwithstanding any other law, contracts entered into or amended, or changes to existing information technology systems made pursuant to paragraph (2) shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, the Statewide Information Management Manual, and the State Administrative Manual, and shall be exempt from the review or approval of any division of the Department of General Services or the Department of Technology.
(b)For purposes of this section:
(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 employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, a joint powers authority, or a public transit operator, whether operated directly by a public entity or through a contract or subcontract, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite. The changes made to this subparagraph paragraph during the 202526 Regular Session are declaratory of existing law.
(4)Harassment is 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.
(5)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(6)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.
(7)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 employee.
(B)In response to a petition made on behalf of all employees at the employers workplace or a location where a group of employees performs their primary job duties, an order enjoining a party from telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of that workplace or location.
(C)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A) or (B).
(8)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, or any violation of Section 243.3 of the Penal Code, but shall not include lawful acts of self-defense or defense of others. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)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, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)(1)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following:
(A)Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
(B)Clear and convincing evidence of all of the following:
(i)That an employee has suffered harassment by the respondent.
(ii)That great or irreparable harm would result to an employee.
(iii)That the course of conduct at issue served no legitimate purpose.
(iv)That the issuance of the order is not prohibited by subdivision (c).
(2)The temporary restraining order may include any of the protective orders described in paragraph (7) of subdivision (b).
(g)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, unless the petition is filed too late in the day to permit effective review, in which case 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.
(h)A temporary restraining order granted 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 (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)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 no request for temporary orders is 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.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence.
(k)(1)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue prohibiting further harassment, unlawful violence, or threats of violence.
(2)Commencing January 1, 2028, a party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing and shall develop local rules and instructions for remote appearances permitted under this paragraph, which shall be posted on the courts internet website.
(3)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement paragraph (2).
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three 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. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence 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. The request for renewal may be brought at any time within the three months before the expiration of the order.
(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 prior to 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 prior to 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 their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon 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.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any 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.
(r)(1)If a respondent, named in a restraining order issued under this section 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, no additional proof of service is 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 person 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, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person 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 restraining order except for the expiration date is issued at the hearing, a copy of the 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.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence 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 any order issued under this section, or a 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 each 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 these orders to law enforcement officers responding to the scene of reported harassment, unlawful violence, or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment, unlawful violence, or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and 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, unlawful violence, or a credible threat of violence 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 petitioner or the protected person cannot produce an endorsed 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 obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of harassment, unlawful violence, or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under 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 under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every 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.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to harassment, unlawful violence, or a credible threat of violence 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.
(x)(1)(A)Commencing January 1, 2028, a court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(C)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement this paragraph.
(2)(A)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section.
(B)A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts.
(C)A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on 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.
(z)This section shall become operative on January 1, 2025.
SEC. 2.Section 6103.2 of the Government Code is amended to read:6103.2.(a)Section 6103 does not apply to any fee or charge or expense for official services rendered by a sheriff or marshal in connection with the levy of writs of attachment, execution, possession, or sale. The fee, charge, or expense may be advanced to the sheriff or marshal, as otherwise required by law.
(b)(1)Notwithstanding Section 6103, the sheriff or marshal, in connection with the service of process or notices, may require that all fees which a public agency, or any person or entity, is required to pay under provisions of law other than this section, be prepaid by a public agency named in Section 6103, or by any person or entity, prior to the performance of any official act. This authority to require prepayment shall include fees governed by Section 6103.5.
(2)This subdivision does not apply to the service of process or notices in any action by the district attorneys office for the establishment or enforcement of a child support obligation.
(3)This subdivision does not apply to a particular jurisdiction unless the sheriff or marshal, as the case may be, imposes the requirement of prepayment upon public agencies and upon all persons or entities within the private sector.
(4)The requirement for prepayment of a fee deposit does not apply to orders or injunctions described in paragraph (1) of subdivision (x) of Section 527.6, paragraph (1) of subdivision (y) of Section 527.8, or paragraph (1) of subdivision (w) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code (Prevention of Domestic Violence), Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code (Gun Violence Restraining Orders), and Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code (Elder Abuse and Dependent Adult Civil Protection Act).
However, a sheriff or marshal may submit a billing to the superior court for payment of fees in the manner prescribed by the Judicial Council irrespective of the in forma pauperis status of any party under Rules 3.50 to 3.58, inclusive, of the California Rules of Court. The fees for service, cancellation of service, and making a not found return may not exceed the amounts provided in Sections 26721, 26736, and 26738, respectively, and are subject to the provisions of Section 26731.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 527.8 of the Code of Civil Procedure proposed by both this bill and AB 1961. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 527.8 of the Code of Civil Procedure, and (3) this bill is enacted after AB 1961, in which case Section 1 of this bill shall not become operative.
(a)Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(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 employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, a joint powers authority, or a public transit operator, whether operated directly by a public entity or through a contract or subcontract, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(4)Harassment is 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.
(5)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(6)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.
(7)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 employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(8)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, or any violation of Section 243.3 of the Penal Code, but shall not include lawful acts of self-defense or defense of others. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)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, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)(1)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following:
(A)Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
(B)Clear and convincing evidence of all of the following:
(i)That an employee has suffered harassment by the respondent.
(ii)That great or irreparable harm would result to an employee.
(iii)That the course of conduct at issue served no legitimate purpose.
(iv)That the issuance of the order is not prohibited by subdivision (c).
(2)The temporary restraining order may include any of the protective orders described in paragraph (7) of subdivision (b).
(g)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, unless the petition is filed too late in the day to permit effective review, in which case 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.
(h)A temporary restraining order granted 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 (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)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 no request for temporary orders is 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.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence.
(k)(1)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue prohibiting further harassment, unlawful violence, or threats of violence.
(2)Commencing July 1, 2027, January 1, 2028, a party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing and shall develop local rules and instructions for remote appearances permitted under this paragraph, which shall be posted on the courts internet website.
(3)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement paragraph (2).
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three 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. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence 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. The request for renewal may be brought at any time within the three months before the expiration of the order.
(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 prior to 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 prior to 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 their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon 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.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any 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.
(r)(1)If a respondent, named in a restraining order issued under this section 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, no additional proof of service is 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 person 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, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person 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 restraining order except for the expiration date is issued at the hearing, a copy of the 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.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence 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 any order issued under this section, or a 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 each 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 these orders to law enforcement officers responding to the scene of reported harassment, unlawful violence, or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment, unlawful violence, or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and 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, unlawful violence, or a credible threat of violence 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 petitioner or the protected person cannot produce an endorsed 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 obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of harassment, unlawful violence, or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under 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 under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every 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.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to harassment, unlawful violence, or a credible threat of violence 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.
(x)(1)(A)Commencing July 1, 2027, January 1, 2028, a court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(C)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement this paragraph.
(2)(A)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section.
(B)A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts.
(C)A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on 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.
(z)This section shall become operative on January 1, 2025.
SEC. 1.5.Section 527.8 of the Code of Civil Procedure is amended to read:527.8.(a)(1)Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(2)If harassment, unlawful violence, or a credible threat of violence is directed at an employers workplace or a location where a group of employees perform their primary job duties, rather than at any specific employee, the employer may, without naming a specific employee in the petition, seek a temporary restraining order and an order after hearing, as described in subparagraph (B) of paragraph (7) of subdivision (b), on behalf of all employees at that workplace or location.
(3)On or before January 1, 2028, the Judicial Council shall adopt or modify forms, as needed, to implement this subdivision.
(b)For purposes of this section:
(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 employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, a joint powers authority, or a public transit operator, whether operated directly by a public entity or through a contract or subcontract, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite. The changes made to this paragraph subparagraph during the 202526 Regular Session are declaratory of existing law.
(4)Harassment is 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.
(5)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(6)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.
(7)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 employee.
(B)In response to a petition made on behalf of all employees at the employers workplace or a location where a group of employees performs their primary job duties, an order enjoining a party from telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of that workplace or location.
(B)(C)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A). (A) or (B).
(8)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, or any violation of Section 243.3 of the Penal Code, but shall not include lawful acts of self-defense or defense of others. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)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, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)(1)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following:
(A)Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
(B)Clear and convincing evidence of all of the following:
(i)That an employee has suffered harassment by the respondent.
(ii)That great or irreparable harm would result to an employee.
(iii)That the course of conduct at issue served no legitimate purpose.
(iv)That the issuance of the order is not prohibited by subdivision (c).
(2)The temporary restraining order may include any of the protective orders described in paragraph (7) of subdivision (b).
(g)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, unless the petition is filed too late in the day to permit effective review, in which case 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.
(h)A temporary restraining order granted 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 (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)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 no request for temporary orders is 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.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence.
(k)(1)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue prohibiting further harassment, unlawful violence, or threats of violence.
(2)Commencing January 1, 2028, a party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing and shall develop local rules and instructions for remote appearances permitted under this paragraph, which shall be posted on the courts internet website.
(3)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement paragraph (2).
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three 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. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence 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. The request for renewal may be brought at any time within the three months before the expiration of the order.
(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 prior to 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 prior to 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 their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon 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.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any 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.
(r)(1)If a respondent, named in a restraining order issued under this section 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, no additional proof of service is 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 person 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, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person 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 restraining order except for the expiration date is issued at the hearing, a copy of the 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.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence 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 any order issued under this section, or a 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 each 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 these orders to law enforcement officers responding to the scene of reported harassment, unlawful violence, or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment, unlawful violence, or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and 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, unlawful violence, or a credible threat of violence 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 petitioner or the protected person cannot produce an endorsed 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 obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of harassment, unlawful violence, or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under 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 under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every 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.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to harassment, unlawful violence, or a credible threat of violence 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.
(x)(1)(A)Commencing January 1, 2028, a court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(C)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement this paragraph.
(2)(A)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any 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.
(B)A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts.
(C)A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on 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.
(z)This section shall become operative on January 1, 2025.
SEC. 2.Section 6103.2 of the Government Code is amended to read:6103.2.(a)Section 6103 does not apply to any fee or charge or expense for official services rendered by a sheriff or marshal in connection with the levy of writs of attachment, execution, possession, or sale. The fee, charge, or expense may be advanced to the sheriff or marshal, as otherwise required by law.
(b)(1)Notwithstanding Section 6103, the sheriff or marshal, in connection with the service of process or notices, may require that all fees which a public agency, or any person or entity, is required to pay under provisions of law other than this section, be prepaid by a public agency named in Section 6103, or by any person or entity, prior to the performance of any official act. This authority to require prepayment shall include fees governed by Section 6103.5.
(2)This subdivision does not apply to the service of process or notices in any action by the district attorneys office for the establishment or enforcement of a child support obligation.
(3)This subdivision does not apply to a particular jurisdiction unless the sheriff or marshal, as the case may be, imposes the requirement of prepayment upon public agencies and upon all persons or entities within the private sector.
(4)The requirement for prepayment of a fee deposit does not apply to orders or injunctions described in paragraph (1) of subdivision (x) of Section 527.6, paragraph (1) of subdivision (y) of Section 527.8, or paragraph (1) of subdivision (w) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code (Prevention of Domestic Violence), Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code (Gun Violence Restraining Orders), and Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code (Elder Abuse and Dependent Adult Civil Protection Act).
However, a sheriff or marshal may submit a billing to the superior court for payment of fees in the manner prescribed by the Judicial Council irrespective of the in forma pauperis status of any party under Rules 3.50 to 3.58, inclusive, of the California Rules of Court. The fees for service, cancellation of service, and making a not found return may not exceed the amounts provided in Sections 26721, 26736, and 26738, respectively, and are subject to the provisions of Section 26731.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 527.8 of the Code of Civil Procedure proposed by both this bill and AB 1961. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 527.8 of the Code of Civil Procedure, and (3) this bill is enacted after AB 1961, in which case Section 1 of this bill shall not become operative.
(a)Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(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 employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, a joint powers authority, or a public transit operator, whether operated directly by a public entity or through a contract or subcontract, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(4)Harassment is 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.
(5)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(6)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.
(7)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 employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(8)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, or any violation of Section 243.3 of the Penal Code, but shall not include lawful acts of self-defense or defense of others. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)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, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)(1)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following:
(A)Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
(B)Clear and convincing evidence of all of the following:
(i)That an employee has suffered harassment by the respondent.
(ii)That great or irreparable harm would result to an employee.
(iii)That the course of conduct at issue served no legitimate purpose.
(iv)That the issuance of the order is not prohibited by subdivision (c).
(2)The temporary restraining order may include any of the protective orders described in paragraph (7) of subdivision (b).
(g)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, unless the petition is filed too late in the day to permit effective review, in which case 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.
(h)A temporary restraining order granted 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 (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)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 no request for temporary orders is 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.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence.
(k)(1)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue prohibiting further harassment, unlawful violence, or threats of violence.
(2)Commencing July 1, 2027, a party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing and shall develop local rules and instructions for remote appearances permitted under this paragraph, which shall be posted on the courts internet website.
(3)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement paragraph (2).
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three 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. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence 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. The request for renewal may be brought at any time within the three months before the expiration of the order.
(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 prior to 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 prior to 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 their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon 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.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any 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.
(r)(1)If a respondent, named in a restraining order issued under this section 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, no additional proof of service is 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 person 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, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person 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 restraining order except for the expiration date is issued at the hearing, a copy of the 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.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence 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 any order issued under this section, or a 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 each 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 these orders to law enforcement officers responding to the scene of reported harassment, unlawful violence, or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment, unlawful violence, or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and 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, unlawful violence, or a credible threat of violence 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 petitioner or the protected person cannot produce an endorsed 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 obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of harassment, unlawful violence, or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under 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 under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every 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.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to harassment, unlawful violence, or a credible threat of violence 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.
(x)(1)(A)Commencing July 1, 2027, a court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(C)The Judicial Council shall, on or before January 1, 2028, develop the necessary forms and rules to implement this paragraph.
(2)(A)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section.
(B)A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts.
(C)A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on 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.
(z)This section shall become operative on January 1, 2025.
SEC. 2.Section 6103.2 of the Government Code is amended to read:6103.2.(a)Section 6103 does not apply to any fee or charge or expense for official services rendered by a sheriff or marshal in connection with the levy of writs of attachment, execution, possession, or sale. The fee, charge, or expense may be advanced to the sheriff or marshal, as otherwise required by law.
(b)(1)Notwithstanding Section 6103, the sheriff or marshal, in connection with the service of process or notices, may require that all fees which a public agency, or any person or entity, is required to pay under provisions of law other than this section, be prepaid by a public agency named in Section 6103, or by any person or entity, prior to the performance of any official act. This authority to require prepayment shall include fees governed by Section 6103.5.
(2)This subdivision does not apply to the service of process or notices in any action by the district attorneys office for the establishment or enforcement of a child support obligation.
(3)This subdivision does not apply to a particular jurisdiction unless the sheriff or marshal, as the case may be, imposes the requirement of prepayment upon public agencies and upon all persons or entities within the private sector.
(4)The requirement for prepayment of a fee deposit does not apply to orders or injunctions described in paragraph (1) of subdivision (x) of Section 527.6, paragraph (1) of subdivision (y) of Section 527.8, or paragraph (1) of subdivision (w) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code (Prevention of Domestic Violence), Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code (Gun Violence Restraining Orders), and Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code (Elder Abuse and Dependent Adult Civil Protection Act).
However, a sheriff or marshal may submit a billing to the superior court for payment of fees in the manner prescribed by the Judicial Council irrespective of the in forma pauperis status of any party under Rules 3.50 to 3.58, inclusive, of the California Rules of Court. The fees for service, cancellation of service, and making a not found return may not exceed the amounts provided in Sections 26721, 26736, and 26738, respectively, and are subject to the provisions of Section 26731.
(a)Any employer or collective bargaining representative of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer. For purposes of this section only, a person may bring a petition for a temporary restraining order and an order after hearing on behalf of an employee as their collective bargaining representative only if the person serves as a collective bargaining representative for that employee in employment or labor matters at the employees workplace.
(b)For purposes of this section:
(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 employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.
(2)Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
(3)Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes a federal agency, the state, a state agency, a city, county, or district, a joint powers authority, or a public transit operator, whether operated directly by a public entity or through a contract or subcontract, and a private, public, or quasi-public corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this section only, employee also includes a volunteer or independent contractor who performs services for the employer at the employers worksite. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(4)Harassment is 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.
(5)Petitioner means the employer or collective bargaining representative that petitions under subdivision (a) for a temporary restraining order and order after hearing.
(6)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.
(7)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 employee.
(B)An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in subparagraph (A).
(8)Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, or any violation of Section 243.3 of the Penal Code, but shall not include lawful acts of self-defense or defense of others. The changes made to this paragraph during the 202526 Regular Session are declaratory of existing law.
(c)This section does not permit a court to issue a temporary restraining order or order after hearing prohibiting speech or other activities that are constitutionally protected, protected by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), protected by Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code, or otherwise protected by Section 527.3 or any other provision of law.
(d)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, or other persons employed at the employees workplace or workplaces.
(e)Before filing a petition under this section, an employer or collective bargaining representative of an employee shall provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, an opportunity to decline to be named in the temporary restraining order. An employees request to not be named in the temporary restraining order shall not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.
(f)(1)Upon filing a petition under this section, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the satisfaction of the court, shows one of the following:
(A)Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
(B)Clear and convincing evidence of all of the following:
(i)That an employee has suffered harassment by the respondent.
(ii)That great or irreparable harm would result to an employee.
(iii)That the course of conduct at issue served no legitimate purpose.
(iv)That the issuance of the order is not prohibited by subdivision (c).
(2)The temporary restraining order may include any of the protective orders described in paragraph (7) of subdivision (b).
(g)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, unless the petition is filed too late in the day to permit effective review, in which case 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.
(h)A temporary restraining order granted 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 (i), not to exceed 25 days, unless otherwise modified or terminated by the court.
(i)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 no request for temporary orders is 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.
(j)The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment, unlawful violence, or credible threats of violence.
(k)(1)At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. Moreover, if the respondent is currently employed by the employer of the employee, as described in subdivision (a), the judge shall receive evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, an order shall issue prohibiting further harassment, unlawful violence, or threats of violence.
(2)Commencing July 1, 2027, a party or witness may appear remotely at the hearing on a petition for an order under this section. The superior court of each county shall not charge a fee for a party to appear remotely at the hearing and shall develop local rules and instructions for remote appearances permitted under this paragraph, which shall be posted on the courts internet website.
(l)(1)In the discretion of the court, an order issued after notice and hearing under this section may have a duration of not more than three 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. These orders may be renewed, upon the request of a party, for a duration of not more than three years, without a showing of any further harassment, unlawful violence, or credible threats of violence 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. The request for renewal may be brought at any time within the three months before the expiration of the order.
(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 prior to 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 prior to 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 their right to notice if they are physically present in court and does not challenge the sufficiency of the notice.
(m)This section does not preclude any party from representation by private counsel or from appearing on the partys own behalf.
(n)Upon 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.
(o)A notice of hearing under this section shall notify the respondent that, if they do not attend the hearing, the court may make orders against them that could last up to three years.
(p)The respondent shall be entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
(q)(1)Any 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.
(r)(1)If a respondent, named in a restraining order issued under this section 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, no additional proof of service is 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 person 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, then the restraining order or protective order issued at the hearing may be served on the person by first-class mail sent to that person at the most current address for the person 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 restraining order except for the expiration date is issued at the hearing, a copy of the 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.
(s)(1)Information on a temporary restraining order or order after hearing relating to workplace violence 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 any order issued under this section, or a 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 each 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 these orders to law enforcement officers responding to the scene of reported harassment, unlawful violence, or a credible threat of violence.
(5)At the request of the petitioner, an order issued under this section shall be served on the respondent, regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported harassment, unlawful violence, or a credible threat of violence involving the parties to the proceedings. The petitioner shall provide the officer with an endorsed copy of the order and 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, unlawful violence, or a credible threat of violence 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 petitioner or the protected person cannot produce an endorsed 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 obtain the respondents address. The law enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into custody for acts in violation of the order that were committed prior to the verbal notice of the terms and conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided to the law enforcement officer within one business day of the reported incident of harassment, unlawful violence, or a credible threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(t)(1)A person subject to a protective order issued under 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 under this section to relinquish any firearms they own or possess pursuant to Section 527.9.
(3)Every 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.
(u)Any intentional disobedience of any temporary restraining order or order after hearing granted under this section is punishable pursuant to Section 273.6 of the Penal Code.
(v)This section shall not be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons.
(w)(1)The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this section. The forms for the petition and response shall be simple and concise, and their use by parties in actions brought pursuant to this section shall be mandatory.
(2)A temporary restraining order or order after hearing relating to harassment, unlawful violence, or a credible threat of violence 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.
(x)There(x)(1)(A)Commencing July 1, 2027, a court that receives petitions for protective orders under this section shall permit those petitions and any filings related to those petitions to be submitted electronically. The court shall, based on the time of receipt, act on those filings consistent with subdivision (g).
(B)The request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, shall be electronically provided to a petitioner who electronically filed the petition, unless the petitioner notes, at the time of electronic filing, that those documents will be physically obtained from the court.
(2)(A)There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an employee employed or represented by the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking or future violence or threats of violence, in any action brought pursuant to this section. A
(B)A fee shall not be paid for a subpoena filed in connection with a petition alleging these acts. A
(C)A fee shall not be paid for filing a response to a petition alleging these acts.
(y)(1)Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no fee for the service of process by a sheriff or marshal of a temporary restraining order or order after hearing to be issued pursuant to this section if either of the following conditions applies:
(A)The temporary restraining order or order after hearing issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.
(B)The temporary restraining order or order after hearing issued pursuant to this section is based on 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.
(z)This section shall become operative on January 1, 2025.
SEC. 2.Section 6103.2 of the Government Code is amended to read:6103.2.(a)Section 6103 does not apply to any fee or charge or expense for official services rendered by a sheriff or marshal in connection with the levy of writs of attachment, execution, possession, or sale. The fee, charge, or expense may be advanced to the sheriff or marshal, as otherwise required by law.
(b)(1)Notwithstanding Section 6103, the sheriff or marshal, in connection with the service of process or notices, may require that all fees which a public agency, or any person or entity, is required to pay under provisions of law other than this section, be prepaid by a public agency named in Section 6103, or by any person or entity, prior to the performance of any official act. This authority to require prepayment shall include fees governed by Section 6103.5.
(2)This subdivision does not apply to the service of process or notices in any action by the district attorneys office for the establishment or enforcement of a child support obligation.
(3)This subdivision does not apply to a particular jurisdiction unless the sheriff or marshal, as the case may be, imposes the requirement of prepayment upon public agencies and upon all persons or entities within the private sector.
(4)The requirement for prepayment of a fee deposit does not apply to orders or injunctions described in paragraph (1) of subdivision (z) (x) of Section 527.6, paragraph (1) of subdivision (w) (y) of Section 527.8, or paragraph (1) of subdivision (w) of Section 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code (Prevention of Domestic Violence), Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code (Gun Violence Restraining Orders), and Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code (Elder Abuse and Dependent Adult Civil Protection Act).
However, a sheriff or marshal may submit a billing to the superior court for payment of fees in the manner prescribed by the Judicial Council irrespective of the in forma pauperis status of any party under Rules 3.50 to 3.58, inclusive, of the California Rules of Court. The fees for service, cancellation of service, and making a not found return may not exceed the amounts provided in Sections 26721, 26736, and 26738, respectively, and are subject to the provisions of Section 26731.
REVISIONS: HeadingLine 2.|
Date
|
Status
|
|---|---|
| Sep 30, 2026 | Chaptered by Secretary of State - Chapter 839, Statutes of 2026. |
| Sep 30, 2026 | Approved by the Governor. |
| Sep 10, 2026 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 30, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.). |
| Aug 30, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6869.). |
| Aug 30, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 28, 2026 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 28, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.). |
| Aug 24, 2026 | Read second time. Ordered to third reading. |
| Aug 21, 2026 | Read third time and amended. Ordered to second reading. |
| Aug 12, 2026 | Read second time. Ordered to third reading. |
| Aug 11, 2026 | Read third time and amended. Ordered to second reading. |
| Jun 16, 2026 | Read second time. Ordered to third reading. |
| Jun 15, 2026 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 10, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (June 9). Re-referred to Com. on APPR. |
| Jun 1, 2026 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| May 20, 2026 | Referred to Com. on JUD. |
| May 7, 2026 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 7, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0.) |
| May 7, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 4959.) |
| Apr 16, 2026 | Read second time. Ordered to third reading. |
| Apr 15, 2026 | From committee: Do pass. (Ayes 13. Noes 0.) (April 15). |
| Mar 24, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (March 24). Re-referred to Com. on APPR. |
| Mar 24, 2026 | Coauthors revised. |
| Mar 9, 2026 | Referred to Com. on JUD. |
| Feb 20, 2026 | From printer. May be heard in committee March 22. |
| Feb 19, 2026 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2026 | AB 2179 Patel Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 28, 2026 | Assembly 3rd Reading AB2179 Patel et al. By Blakespear | Senate Floor |
Passed |
|
| Jun 9, 2026 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| May 7, 2026 | AB 2179 Patel Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 15, 2026 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 24, 2026 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly 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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Conference Board Of The Amalgamated Transit Union | ** Support | |
| California Conference Of Machinists | ** Support | |
| California District Attorneys Association | ** Support | |
| California Hospital Association | ** Support | |
| California State Association Of Counties | ** Support | |
| California State University | ** Support | |
| CFT – a Union of Educators & Classified Professionals, AFT, AFL-CIO | ** Support | |
| city of carlsbad | ** Support | |
| City of San Marcos | ** Support | |
| Engineers and Scientists of California, IFPTE Local 20, AFL-CIO | ** Support | |
| San Diego County District Attorney's Office | ** Support | |
| UNITE-HERE, AFL-CIO | ** Support | |
| Utility Workers of America | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2179
Author:(Patel)
As Amended Ver:August 21, 2026
Majority vote
SUMMARY
Authorizes a party or witness to appear remotely at the hearing on a petition for a workplace violence restraining order and requires courts to accept electronic filings for petitions.
Senate Amendments
Incorporate chaptering amendments.
COMMENTS
Existing law provides a catalog of restraining order options for individuals who have suffered some form of harassment at the hands of another or multiple individuals. Code of Civil Procedure Section 527.6 et seq authorizes any individual who has suffered harassment to seek a restraining order protecting them from another person. The Domestic Violence Prevention Act (DVPA) allows individuals to seek domestic violence restraining orders (DVROs) against certain family members and cohabitants. The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) likewise provides an opportunity for elders and dependent adults to seek restraining orders, as provided under the Welfare and Institutions Code. Finally, the Code of Civil Procedure also creates a mechanism for employers and qualified unions to seek a restraining order on behalf of a worker that has suffered harassment or threats of unlawful violence.
Recent changes to the restraining order statutes. In 2021, the Legislature passed SB 538 (Rubio) Chapter 686, Statutes of 2021. SB 538 required courts to accept electronic filings for DVRO petitions and authorized a party seeking a domestic violence restraining order (DVRO), their support person, or a witness to appear remotely in a hearing on the petition. (Family Code Sections 6307, 6308, respectively.) Last year, the Legislature passed AB 561 (Quirk-Silva) Chapter 267, Statutes of 2025, which enacted various changes to the statutes governing restraining orders including domestic violence restraining orders, EADACPA, and civil harassment restraining orders. In relevant part, AB 561 made the following changes beginning January 2027: prohibited courts from charging a fee to parties who appear remotely in DVRO proceedings; authorized parties seeking civil restraining orders to appear remotely for a hearing on the petition and prohibited collecting fees to do so; required courts to accept electronic filings without an accompanying fee; and made the same conforming changes to EADACPA for elder and dependent adult restraining orders. In sum, SB 538 and AB 561 have worked in tandem to eventually allow parties to petition for various types of restraining orders to file their petitions electronically and appear remotely for the hearing on the petition, without additional fees.
As detailed in the analysis for AB 561, "[s]ubmitting paperwork in person for an application to obtain a protective order to prevent abuse or harassment – whether for domestic violence, harassment, or elder abuse – can be inconvenient to petitioners, who may also have pressing needs, including to move their residence, protect their financial assets, or obtain urgently needed palliative or medical care." (Assembly Committee on Judiciary analysis of AB 561 (March 25, 2025).)
However, AB 561 did not make conforming changes to workplace violence restraining order procedures. Therefore, petitioners and witnesses for a workplace violence restraining order are required to appear in person both to file the petition and for the hearing on the petition.
Providing consistency with other forms of restraining orders, this bill authorizes a party or witness seeking a workplace violence restraining order to appear remotely at the hearing on a petition. In line with both the standard civil restraining order and domestic violence restraining order statutes, this bill also prohibits the court from charging a fee for a party to appear remotely, and directs the court to develop local rules and instructions for the remote appearances. The bill also requires courts to allow parties to submit their petition for restraining orders and related filings electronically.
It is not clear why workplace violence restraining orders were left out of AB 561. Workplace violence restraining orders are distinguishable from civil restraining orders, DVROs and elder and dependent adult restraining orders in that the petitioner is either an employer or the worker's union, rather than the harassed party. Nonetheless, the impetus underlying allowing parties to file petitions remotely in other types of restraining order cases – to allow protected parties and witnesses to maintain distance from the restrained party and ease access to the proceeding, and in doing so encourage parties to seek restraining orders where necessary – appears to remain the same in the context of workplace violence. Thus, providing the same opportunities to file petitions electronically and allowing parties and witnesses to appear remotely in hearings seems a reasonable proposal.
According to the Author
Today, several restraining order types allow electronic petitions and remote participation, including gun violence, civil harassment, domestic violence, and elder/dependent adult protective orders, but WVRO petitioners and participants do not have the same access. Petitioners facing workplace threats or harassment lose time and incur costs traveling to court to file in person. Remote appearance options also reduce time away from work/home responsibilities and reduce the fear of being near the restrained person.
Arguments in Support
This bill is co-sponsored by the City of Carlsbad and the San Diego County District Attorney's Office. It enjoys additional support from the California Hospital Association, a number of unions, labor and employment organizations, and the California District Attorneys Association. In support of the bill the sponsors write:
California law currently allows employers (and, in certain cases, authorized collective bargaining representatives) to seek workplace violence restraining orders when an employee has suffered unlawful violence, harassment, or a credible threat of violence that could reasonably be carried out at the workplace. However, the process can still require in-person participation and paper-based steps that create unnecessary barriers — especially for employees and witnesses who may fear retaliation, lack transportation, cannot easily take time off work, or face safety concerns traveling to and from court.
[…]
AB 2179 supports workplace safety by making restraining order proceedings more accessible and safer to navigate. By reducing practical barriers to participation, the bill can help ensure the court receives the information it needs while minimizing disruption to work and reducing safety risks for parties and witnesses.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
VOTES:
ASM JUDICIARY: 12-0-0
YES: Kalra, Macedo, Bauer-Kahan, Bryan, Connolly, Dixon, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur
ASM APPROPRIATIONS: 13-0-2
YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Solache, Ta, Tangipa
ABS, ABST OR NV: Muratsuchi, Pellerin
ASSEMBLY FLOOR: 70-0-10
YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Calderon, Caloza, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Ward, Wilson, Zbur, Rivas
ABS, ABST OR NV: Arambula, Bonta, Chen, Flora, Hart, Hoover, Petrie-Norris, Celeste Rodriguez, Wallis, Wicks
UPDATED
VERSION: August 21, 2026
CONSULTANT: Manuela Boucher / JUD. / (916) 319-2334 FN: 0003887
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 2179 |
THIRD READING
Bill No: AB 2179
Author: Patel (D), et al.
Amended: 8/21/26 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 12-0, 6/9/26
AYES: Umberg, Niello, Allen, Ashby, Caballero, Durazo, Laird, Reyes, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Stern
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 70-0, 5/7/26 - See last page for vote
SUBJECT: Workplace violence: restraining orders
SOURCE: City of Carlsbad
San Diego County District Attorney’s Office
DIGEST:
This bill requires a court, beginning January 1, 2028, to permit electronic filings and remote appearances in proceedings for a workplace violence restraining order, and requires the Judicial Council of California to develop the necessary forms and rules to implement those requirements.
Senate Floor Amendments of 8/21/26 add additional language to this bill’s contingent enactment language to conform to recent amendments to AB 1961 (Ahrens, 2026).
ANALYSIS:
Existing law:
- Permits an employer or collective bargaining unit of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order (TRO) or order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace and, if appropriate, other employees at other workplaces of the employer.
- A TRO or order after hearing may not be issued to prohibit speech or other activities that are constitutionally protected or otherwise protected by law.
- The TRO or order after hearing may, on a showing of good cause, include other named family or household members, or other persons employed at the employee’s workplace or workplaces. (Code of Civil Procedure [Code Civ. Proc.], § 527.8(a), (c), (d).)
- Requires an employer or collective bargaining representative, prior to filing a petition for an order under 1), to provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence an opportunity to decline to be named in the TRO; an employee’s request not to be named does not prohibit an employer or representative from seeking a TRO on behalf of other employees at the workplace or, if appropriate, at another of the employer’s workplaces. (Code Civ. Proc., § 527.8(e).)
- Permits a petitioner to obtain a TRO under 1) if the petitioner files a declaration that establishes, to the satisfaction of the court, one of the following:
- Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
- Clear and convincing evidence that: (1) the employee has suffered harassment by the respondent; (2) that great or irreparable harm would result to an employee; (3) that the course of conduct at issue serves no legitimate purpose; and (4) that the issuance of the order is not prohibited by 1)(a). (Code Civ. Proc., § 527.8(f).)
- Requires a request for a TRO under 2) to be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late to permit effective review, in which case 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. (Code Civ. Proc., § 527.8(g).)
- Requires the respondent to be personally served with a copy of the petition, TRO, if any, and notice of hearing on the petition, at least five days before the hearing in 6), below. If, however, the respondent has not been served personally but has received actual notice of the existence and substance of the order through personal appearance, no additional proof of service is required. (Code Civ. Proc., § 527.8(n), (r).)
- Provides that a TRO granted under 1) shall remain in effect, at the court’s discretion, for a period not to exceed 21 days, and the court must hold a hearing on the petition before the expiration of the TRO.
- The court may, for good cause, extend the time for hearing to 25 days.
- The respondent may file a response to the petition prior to the hearing.
- The respondent is entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
- Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause; the TRO shall be extended for the duration of the continuance.
- At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. (Code Civ. Proc., § 527.8(h)-(k), (p), (q).)
- Requires the court, if the hearing under 6) establishes clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, to issue an order prohibiting further harassment, unlawful violence, or threats of violence.
- The order may have a duration of not more than three years, subject to termination or modification by the court either on written stipulation or on the motion of a party.
- The order may be renewed for a duration of not more than three years, without a showing of further harassment, unlawful, or credible threats of violence since the issuance of the order. (Code Civ. Proc., § 528.7(k), (l).)
- Prohibits the subject of a protective order issued under 2) from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm or ammunition while the order is in effect, as specified. (Code Civ. Proc., § 528.7(t).)
- Provides that there is no filing fee for a petition filed under 2). (Code Civ. Proc., § 527.8(x).)
This bill:
- Permits, commencing January 1, 2028, a party or witness to appear remotely at a hearing on a petition for a workplace violence restraining order.
- A court may not charge a fee for a party to appear remotely at the hearing.
- The superior court of each county shall develop local rules and instructions for such remote appearances, which must be posted on the court’s website.
- Requires a court, commencing January 1, 2028, to permit a petition for a workplace violence restraining order or other related filings to be submitted electronically.
- The court shall, based on the time of receipt, act on the filings consistent with the existing timeframe for granting a TRO.
- The request for order, notice of the court date, copies of the request, and the TRO, if granted, shall be provided electronically to the petitioner who electronically filed the petition, unless the petitioner notes, at the time of filing, that they will obtain physical copies of those documents from the court.
- Requires the Judicial Council of California, on or before January 1, 2028, to develop the necessary forms and rules to implement 1) and 2).
- Makes nonsubstantive conforming changes.
- Incorporates chaptering-out language to avoid a conflict with AB 1961 (Ahrens, 2026).
Comments
Current law authorizes an employer or collective bargaining representative to petition for a civil restraining order from a court for an employee who has suffered harassment, violence, or a credible threat of violence at the workplace. The court can issue a TRO on an ex parte basis, and then may enter a restraining order after the respondent has been given notice and an opportunity to be heard. To enter a restraining order after hearing, the court must find, by clear and convincing evidence, that the respondent engaged in harassment or unlawful violence, or made credible threats of violence; upon making this finding, the court has significant discretion to apply the order broadly, including to cover other employees at the same workplace or workplaces as the affected employee, and family members of the threatened employees. The initial order can last for up to three years, and can be renewed for up to three additional years.
This bill requires a court, beginning January 1, 2028, to permit electronic filings and remote appearances in proceedings for a workplace violence restraining order, and requires the Judicial Council of California to develop the necessary forms and rules to implement those requirements on or before that date. These measures bring the workplace violence restraining order statute into conformity with other civil protective order regimes.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/20/26)
City of Carlsbad (co-source)
San Diego County District Attorney’s Office (co-source)
California District Attorneys Association
California Hospital Association
California State Association of Counties
California State University
CFT – A Union of Educators & Classified Professionals, AFT, AFL-CIO
City of San Marcos
OPPOSITION: (Verified 8/20/26)
None received
ARGUMENTS IN SUPPORT: According to the City of Carlsbad:
California law currently allows employers (and, in certain cases, authorized collective bargaining representatives) to seek workplace violence restraining orders when an employee has suffered unlawful violence, harassment, or a credible threat of violence that could reasonably be carried out at the workplace. However, the process can still require in-person participation and paper-based steps that create unnecessary barriers — especially for employees and witnesses who may fear retaliation, lack transportation, cannot easily take time off work, or face safety concerns traveling to and from court.
AB 2179 would permit any party or witness in a workplace violence restraining order proceeding to appear remotely at the hearing. It would also ensure courts do not charge a fee for participating remotely and would require courts to allow electronic submission of filings related to these protective orders, improving timely access to the court process.
AB 2179 supports workplace safety by making restraining order proceedings more accessible and safer to navigate. By reducing practical barriers to participation, the bill can help ensure the court receives the information it needs while minimizing disruption to work and reducing safety risks for parties and witnesses.
ASSEMBLY FLOOR: 70-0, 5/7/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Calderon, Caloza, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Ward, Wilson, Zbur, Rivas
NO VOTE RECORDED: Arambula, Bonta, Chen, Flora, Hart, Hoover, Petrie-Norris, Celeste Rodriguez, Wallis, Wicks
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
8/24/26 14:08:10
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 2179 |
THIRD READING
Bill No: AB 2179
Author: Patel (D), et al.
Amended: 8/11/26 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 12-0, 6/9/26
AYES: Umberg, Niello, Allen, Ashby, Caballero, Durazo, Laird, Reyes, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Stern
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 70-0, 5/7/26 - See last page for vote
SUBJECT: Workplace violence: restraining orders
SOURCE: City of Carlsbad
San Diego County District Attorney’s Office
DIGEST:
This bill requires a court, beginning January 1, 2028, to permit electronic filings and remote appearances in proceedings for a workplace violence restraining order, and requires the Judicial Council of California to develop the necessary forms and rules to implement those requirements.
Senate Floor amendments of 8/11/26 align the bill’s implementation dates with, and add chaptering out language to avoid conflicts, other pending Assembly Bills.
ANALYSIS:
Existing law:
- Permits an employer or collective bargaining unit of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order (TRO) or order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace and, if appropriate, other employees at other workplaces of the employer.
- A TRO or order after hearing may not be issued to prohibit speech or other activities that are constitutionally protected or otherwise protected by law.
- The TRO or order after hearing may, on a showing of good cause, include other named family or household members, or other persons employed at the employee’s workplace or workplaces. (Code Civ. Proc., § 527.8(a), (c), (d).)
- Requires an employer or collective bargaining representative, prior to filing a petition for an order under 1), to provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence an opportunity to decline to be named in the TRO; an employee’s request not to be named does not prohibit an employer or representative from seeking a TRO on behalf of other employees at the workplace or, if appropriate, at another of the employer’s workplaces. (Code Civ. Proc., § 527.8(e).)
- Permits a petitioner to obtain a TRO under 1) if the petitioner files a declaration that establishes, to the satisfaction of the court, one of the following:
- Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
- Clear and convincing evidence that: (1) the employee has suffered harassment by the respondent; (2) that great or irreparable harm would result to an employee; (3) that the course of conduct at issue serves no legitimate purpose; and (4) that the issuance of the order is not prohibited by 1)(a). (Code Civ. Proc., § 527.8(f).)
- Requires a request for a TRO under 2) to be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late to permit effective review, in which case 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. (Code Civ. Proc., § 527.8(g).)
- Requires the respondent to be personally served with a copy of the petition, TRO, if any, and notice of hearing on the petition, at least five days before the hearing in 6), below. If, however, the respondent has not been served personally but has received actual notice of the existence and substance of the order through personal appearance, no additional proof of service is required. (Code Civ. Proc., § 527.8(n), (r).)
- Provides that a TRO granted under 1) shall remain in effect, at the court’s discretion, for a period not to exceed 21 days, and the court must hold a hearing on the petition before the expiration of the TRO.
- The court may, for good cause, extend the time for hearing to 25 days.
- The respondent may file a response to the petition prior to the hearing.
- The respondent is entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
- Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause; the TRO shall be extended for the duration of the continuance.
- At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. (Code Civ. Proc., § 527.8(h)-(k), (p), (q).)
- Requires the court, if the hearing under 6) establishes clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, to issue an order prohibiting further harassment, unlawful violence, or threats of violence.
- The order may have a duration of not more than three years, subject to termination or modification by the court either on written stipulation or on the motion of a party.
- The order may be renewed for a duration of not more than three years, without a showing of further harassment, unlawful, or credible threats of violence since the issuance of the order. (Code Civ. Proc., § 528.7(k), (l).)
- Prohibits the subject of a protective order issued under 2) from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm or ammunition while the order is in effect, as specified. (Code Civ. Proc., § 528.7(t).)
- Provides that there is no filing fee for a petition filed under 2). (Code Civ. Proc., § 527.8(x).)
This bill:
- Permits, commencing January 1, 2028, a party or witness to appear remotely at a hearing on a petition for a workplace violence restraining order.
- A court may not charge a fee for a party to appear remotely at the hearing.
- The superior court of each county shall develop local rules and instructions for such remote appearances, which must be posted on the court’s website.
- Requires a court, commencing January 1, 2028, to permit a petition for a workplace violence restraining order or other related filings to be submitted electronically.
- The court shall, based on the time of receipt, act on the filings consistent with the existing timeframe for granting a TRO.
- The request for order, notice of the court date, copies of the request, and the TRO, if granted, shall be provided electronically to the petitioner who electronically filed the petition, unless the petitioner notes, at the time of filing, that they will obtain physical copies of those documents from the court.
- Requires the Judicial Council of California, on or before January 1, 2028, to develop the necessary forms and rules to implement 1) and 2).
- Makes nonsubstantive conforming changes.
- Incorporates chaptering-out language to avoid a conflict with AB 1961 (Ahrens, 2026).
Comments
Current law authorizes an employer or collective bargaining representative to petition for a civil restraining order from a court for an employee who has suffered harassment, violence, or a credible threat of violence at the workplace. The court can issue a TRO on an ex parte basis, and then may enter a restraining order after the respondent has been given notice and an opportunity to be heard. To enter a restraining order after hearing, the court must find, by clear and convincing evidence, that the respondent engaged in harassment or unlawful violence, or made credible threats of violence; upon making this finding, the court has significant discretion to apply the order broadly, including to cover other employees at the same workplace or workplaces as the affected employee, and family members of the threatened employees. The initial order can last for up to three years, and can be renewed for up to three additional years.
This bill requires a court, beginning January 1, 2028, to permit electronic filings and remote appearances in proceedings for a workplace violence restraining order, and requires the Judicial Council of California to develop the necessary forms and rules to implement those requirements on or before that date. These measures bring the workplace violence restraining order statute into conformity with other civil protective order regimes.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/5/26)
City of Carlsbad (co-source)
San Diego County District Attorney’s Office (co-source)
California District Attorneys Association
California Hospital Association
California State Association of Counties
California State University
CFT – A Union of Educators & Classified Professionals, AFT, AFL-CIO
City of San Marcos
OPPOSITION: (Verified 8/5/26)
None received
ARGUMENTS IN SUPPORT: According to the City of Carlsbad:
California law currently allows employers (and, in certain cases, authorized collective bargaining representatives) to seek workplace violence restraining orders when an employee has suffered unlawful violence, harassment, or a credible threat of violence that could reasonably be carried out at the workplace. However, the process can still require in-person participation and paper-based steps that create unnecessary barriers — especially for employees and witnesses who may fear retaliation, lack transportation, cannot easily take time off work, or face safety concerns traveling to and from court.
AB 2179 would permit any party or witness in a workplace violence restraining order proceeding to appear remotely at the hearing. It would also ensure courts do not charge a fee for participating remotely and would require courts to allow electronic submission of filings related to these protective orders, improving timely access to the court process.
AB 2179 supports workplace safety by making restraining order proceedings more accessible and safer to navigate. By reducing practical barriers to participation, the bill can help ensure the court receives the information it needs while minimizing disruption to work and reducing safety risks for parties and witnesses.
ASSEMBLY FLOOR: 70-0, 5/7/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Calderon, Caloza, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Ward, Wilson, Zbur, Rivas
NO VOTE RECORDED: Arambula, Bonta, Chen, Flora, Hart, Hoover, Petrie-Norris, Celeste Rodriguez, Wallis, Wicks
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
8/12/26 16:18:59
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 2179 |
THIRD READING
Bill No: AB 2179
Author: Patel (D), et al.
Amended: 6/1/26 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 12-0, 6/9/26
AYES: Umberg, Niello, Allen, Ashby, Caballero, Durazo, Laird, Reyes, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Stern
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 70-0, 5/7/26 - See last page for vote
SUBJECT: Workplace violence: restraining orders
SOURCE: City of Carlsbad
San Diego County District Attorney’s Office
DIGEST:
This bill requires a court, beginning July 1, 2027, to permit electronic filings and remote appearances in proceedings for a workplace violence restraining order, and requires the Judicial Council of California to develop the necessary forms and rules to implement those requirements on or before January 1, 2028.
ANALYSIS:
Existing law:
- Permits an employer or collective bargaining unit of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order (TRO) or order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace and, if appropriate, other employees at other workplaces of the employer.
- A TRO or order after hearing may not be issued to prohibit speech or other activities that are constitutionally protected or otherwise protected by law.
- The TRO or order after hearing may, on a showing of good cause, include other named family or household members, or other persons employed at the employee’s workplace or workplaces. (Code of Civil Procedure (Code Civ. Proc.), § 527.8(a), (c), (d).)
- Requires an employer or collective bargaining representative, prior to filing a petition for an order under 1), to provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence an opportunity to decline to be named in the TRO; an employee’s request not to be named does not prohibit an employer or representative from seeking a TRO on behalf of other employees at the workplace or, if appropriate, at another of the employer’s workplaces. (Code Civ. Proc., § 527.8(e).)
- Permits a petitioner to obtain a TRO under 1) if the petitioner files a declaration that establishes, to the satisfaction of the court, one of the following:
- Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
- Clear and convincing evidence that: (1) the employee has suffered harassment by the respondent; (2) that great or irreparable harm would result to an employee; (3) that the course of conduct at issue serves no legitimate purpose; and (4) that the issuance of the order is not prohibited by 1)(a). (Code Civ. Proc., § 527.8(f).)
- Requires a request for a TRO under 2) to be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late to permit effective review, in which case 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. (Code Civ. Proc., § 527.8(g).)
- Requires the respondent to be personally served with a copy of the petition, TRO, if any, and notice of hearing on the petition, at least five days before the hearing in 6), below. If, however, the respondent has not been served personally but has received actual notice of the existence and substance of the order through personal appearance, no additional proof of service is required. (Code Civ. Proc., § 527.8(n), (r).)
- Provides that a TRO granted under 1) shall remain in effect, at the court’s discretion, for a period not to exceed 21 days, and the court must hold a hearing on the petition before the expiration of the TRO.
- The court may, for good cause, extend the time for hearing to 25 days.
- The respondent may file a response to the petition prior to the hearing.
- The respondent is entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
- Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause; the TRO shall be extended for the duration of the continuance.
- At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. (Code Civ. Proc., § 527.8(h)-(k), (p), (q).)
- Requires the court, if the hearing under 6) establishes clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, to issue an order prohibiting further harassment, unlawful violence, or threats of violence.
- The order may have a duration of not more than three years, subject to termination or modification by the court either on written stipulation or on the motion of a party.
- The order may be renewed for a duration of not more than three years, without a showing of further harassment, unlawful, or credible threats of violence since the issuance of the order. (Code Civ. Proc., § 528.7(k), (l).)
- Prohibits the subject of a protective order issued under 2) from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm or ammunition while the order is in effect, as specified. (Code Civ. Proc., § 528.7(t).)
- Provides that there is no filing fee for a petition filed under 2). (Code Civ. Proc., § 527.8(x).)
This bill:
- Permits, commencing July 1, 2027, a party or witness to appear remotely at a hearing on a petition for a workplace violence restraining order.
- A court may not charge a fee for a party to appear remotely at the hearing.
- The superior court of each county shall develop local rules and instructions for such remote appearances, which must be posted on the court’s website.
- Requires a court, commencing July 1, 2027, to permit a petition for a workplace violence restraining order or other related filings to be submitted electronically.
- The court shall, based on the time of receipt, act on the filings consistent with the existing timeframe for granting a TRO.
- The request for order, notice of the court date, copies of the request, and the TRO, if granted, shall be provided electronically to the petitioner who electronically filed the petition, unless the petitioner notes, at the time of filing, that they will obtain physical copies of those documents from the court.
- Requires the Judicial Council of California, on or before January 1, 2028, to develop the necessary forms and rules to implement 1) and 2).
- Makes nonsubstantive conforming changes.
Comments
Current law authorizes an employer or collective bargaining representative to petition for a civil restraining order from a court for an employee who has suffered harassment, violence, or a credible threat of violence at the workplace. The court can issue a TRO on an ex parte basis, and then may enter a restraining order after the respondent has been given notice and an opportunity to be heard. To enter a restraining order after hearing, the court must find, by clear and convincing evidence, that the respondent engaged in harassment or unlawful violence, or made credible threats of violence; upon making this finding, the court has significant discretion to apply the order broadly, including to cover other employees at the same workplace or workplaces as the affected employee, and family members of the threatened employees. The initial order can last for up to three years, and can be renewed for up to three additional years.
This bill requires a court, beginning July 1, 2027, to permit electronic filings and remote appearances in proceedings for a workplace violence restraining order, and requires the Judicial Council of California to develop the necessary forms and rules to implement those requirements on or before January 1, 2028. These measures bring the workplace violence restraining order statute into conformity with other civil protective order regimes.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 6/16/26)
City of Carlsbad (co-source)
San Diego County District Attorney’s Office (co-source)
California District Attorneys Association
California State Association of Counties
CFT – A Union of Educators & Classified Professionals, AFT, AFL-CIO
California Hospital Association
City of San Marcos
OPPOSITION: (Verified 6/16/26)
None received
ARGUMENTS IN SUPPORT: According to the City of Carlsbad:
California law currently allows employers (and, in certain cases, authorized collective bargaining representatives) to seek workplace violence restraining orders when an employee has suffered unlawful violence, harassment, or a credible threat of violence that could reasonably be carried out at the workplace. However, the process can still require in-person participation and paper-based steps that create unnecessary barriers — especially for employees and witnesses who may fear retaliation, lack transportation, cannot easily take time off work, or face safety concerns traveling to and from court.
AB 2179 would permit any party or witness in a workplace violence restraining order proceeding to appear remotely at the hearing. It would also ensure courts do not charge a fee for participating remotely and would require courts to allow electronic submission of filings related to these protective orders, improving timely access to the court process.
AB 2179 supports workplace safety by making restraining order proceedings more accessible and safer to navigate. By reducing practical barriers to participation, the bill can help ensure the court receives the information it needs while minimizing disruption to work and reducing safety risks for parties and witnesses.
ASSEMBLY FLOOR: 70-0, 5/7/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Calderon, Caloza, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Ward, Wilson, Zbur, Rivas
NO VOTE RECORDED: Arambula, Bonta, Chen, Flora, Hart, Hoover, Petrie-Norris, Celeste Rodriguez, Wallis, Wicks
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
6/17/26 16:28:13
**** END ****
Senator Thomas Umberg, Chair
2025-2026 Regular Session
Bill No: AB 2179 (Author:Patel)
Version: June 1, 2026
Hearing Date: June 9, 2026
Fiscal: Yes
Urgency: No
Consultant: AWM
SUBJECT
Workplace violence: restraining orders
DIGEST
This bill requires a court, beginning July 1, 2027, to permit electronic filings and remote appearances in proceedings for a workplace violence restraining order, and requires the Judicial Council of California to develop the necessary forms and rules to implement those requirements on or before January 1, 2028.
EXECUTIVE SUMMARY
Current law authorizes an employer or collective bargaining representative to petition for a civil restraining order from a court for an employee who has suffered harassment, violence, or a credible threat of violence at the workplace. The court can issue a TRO on an ex parte basis, and then may enter a restraining order after the respondent has been given notice and an opportunity to be heard. To enter a restraining order after hearing, the court must find, by clear and convincing evidence, that the respondent engaged in harassment or unlawful violence, or made credible threats of violence; upon making this finding, the court has significant discretion to apply the order broadly, including to cover other employees at the same workplace or workplaces as the affected employee, and family members of the threatened employees. The initial order can last for up to three years, and can be renewed for up to three additional years.
This bill requires a court, beginning July 1, 2027, to permit electronic filings and remote appearances in proceedings for a workplace violence restraining order, and requires the Judicial Council of California to develop the necessary forms and rules to implement those requirements on or before January 1, 2028. These measures bring the workplace violence restraining order statute into conformity with other civil protective order regimes.
This bill is sponsored by the City of Carlsbad and the Diego County District Attorney, and is supported by the California District Attorneys Association; the California State Association of Counties; CFT – A Union of Educators & Classified Professionals, AFT, AFL-CIO; the California Hospital Association; and the City of San Marcos. The Committee has not received timely opposition to this bill.
PROPOSED CHANGES TO THE LAW
Existing law:
- Defines the following relevant terms:
- “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 employee to or from the place of work; entering the workplace; following an employee during hours of employment’ making telephone calls to an employee; or sending correspondence to an employee by any means.
- “Credible threat of violence” is a knowing and willful statement or course of conduct that would place a reasonable person in fear for their safety, or the safety of their immediate family, and that serves no legitimate purpose.
- “Employer” and “employee” have the same meaning as in Section 350 of the Labor Code”; “employer” also includes government entities; and “employee” also includes members of boards, appointed public officers, volunteers, and independent contractors performing services for the employer at the employer’s worksite.
- “Harassment” is 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 emotional distress and must actually cause substantial emotional distress.
- “Unlawful violence” is assault or battery, as defined, but does not include lawful acts of self-defense or defense of others. (Code Civ. Proc., § 527.8(b).)
- Permits an employer or collective bargaining unit of an employee who has suffered harassment, unlawful violence, or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a TRO or order after hearing on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace and, if appropriate, other employees at other workplaces of the employer.
- A TRO or order after hearing may not be issued to prohibit speech or other activities that are constitutionally protected or otherwise protected by law.
- The TRO or order after hearing may, on a showing of good cause, include other named family or household members, or other persons employed at the employee’s workplace or workplaces. (Code Civ. Proc., § 527.8(a), (c), (d).)
- Requires an employer or collective bargaining representative, prior to filing a petition for an order under 2), to provide the employee who has suffered harassment, unlawful violence, or a credible threat of violence an opportunity to decline to be named in the TRO; an employee’s request not to be named does not prohibit an employer or representative from seeking a TRO on behalf of other employees at the workplace or, if appropriate, at another of the employer’s workplaces. (Code Civ. Proc., § 527.8(e).)
- Permits a petitioner to obtain a TRO under 2) if the petitioner files a declaration that establishes, to the satisfaction of the court, one of the following:
- Reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent, and that great or irreparable harm would result to an employee.
- Clear and convincing evidence that: (1) the employee has suffered harassment by the respondent; (2) that great or irreparable harm would result to an employee; (3) that the course of conduct at issue serves no legitimate purpose; and (4) that the issuance of the order is not prohibited by 2)(a). (Code Civ. Proc., § 527.8(f).)
- Requires a request for a TRO under 2) to be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late to permit effective review, in which case 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. (Code Civ. Proc., § 527.8(g).)
- Requires the respondent to be personally served with a copy of the petition, TRO, if any, and notice of hearing on the petition, at least five days before the hearing in 7), below. If, however, the respondent has not been served personally but has received actual notice of the existence and substance of the order through personal appearance, no additional proof of service is required. (Code Civ. Proc., § 527.8(n), (r).)
- Provides that a TRO granted under 2) shall remain in effect, at the court’s discretion, for a period not to exceed 21 days, and the court must hold a hearing on the petition before the expiration of the TRO.
- The court may, for good cause, extend the time for hearing to 25 days.
- The respondent may file a response to the petition prior to the hearing.
- The respondent is entitled, as a matter of course, to one continuance, for a reasonable period, to respond to the petition.
- Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause; the TRO shall be extended for the duration of the continuance.
- At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. (Code Civ. Proc., § 527.8(h)-(k), (p), (q).)
- Requires the court, if the hearing under 7) establishes clear and convincing evidence that the respondent engaged in harassment, engaged in unlawful violence, or made a credible threat of violence, to issue an order prohibiting further harassment, unlawful violence, or threats of violence.
- The order may have a duration of not more than three years, subject to termination or modification by the court either on written stipulation or on the motion of a party.
- The order may be renewed for a duration of not more than three years, without a showing of further harassment, unlawful, or credible threats of violence since the issuance of the order. (Code Civ. Proc., § 528.7(k), (l).)
- Prohibits the subject of a protective order issued under 2) from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm or ammunition while the order is in effect, as specified. (Code Civ. Proc., § 528.7(t).)
- Provides that there is no filing fee for a petition filed under 2). (Code Civ. Proc., § 527.8(x).)
This bill:
- Permits, commencing July 1, 2027, a party or witness to appear remotely at a hearing on a petition for a workplace violence restraining order.
- A court may not charge a fee for a party to appear remotely at the hearing.
- The superior court of each county shall develop local rules and instructions for such remote appearances, which must be posted on the court’s website.
- Requires a court, commencing July 1, 2027, to permit a petition for a workplace violence restraining order or other related filings to be submitted electronically.
- The court shall, based on the time of receipt, act on the filings consistent with the existing timeframe for granting a TRO.
- The request for order, notice of the court date, copies of the request, and the TRO, if granted, shall be provided electronically to the petitioner who electronically filed the petition, unless the petitioner notes, at the time of filing, that they will obtain physical copies of those documents from the court.
- Requires the Judicial Council of California, on or before January 1, 2028, to develop the necessary forms and rules to implement 1) and 2).
- Makes nonsubstantive conforming changes.
COMMENTS
- Author’s comment
According to the author:
Today, several restraining order types allow electronic petitions and remote participation, including gun violence, civil harassment, domestic violence, and elder/dependent adult protective orders, but WVRO petitioners and participants do not have the same access. Petitioners facing workplace threats or harassment lose time and incur costs traveling to court to file in person. Remote appearance options also reduce time away from work/home responsibilities and reduce the fear of being near the restrained person.
2. Background on workplace violence restraining orders
California permits a person’s employer, or their collective bargaining representative, to seek a restraining order against a person who has committed violence against, threatened, or harassed an employee at the workplace.[1] A TRO may be issued on an ex parte basis following the filing of a petition, and an order after hearing may be issued after the respondent has been given a notice or opportunity to be heard.[2] The standard of proof is generally high: a TRO may issue on “reasonable proof” that an employee has suffered unlawful violence or a credible threat of violence at the hands of the respondent, but clear and convincing evidence is required if the petition is based on harassment; for an order issued after hearing, the violence, threat of violence, or harassment must be established by clear and convincing evidence.[3]
A workplace violence TRO or order after hearing bars the respondent from the location where the targeted employee works.[4] At the discretion of the court, upon a showing of good cause, the order can also protect additional employees at the work site and/or employees at other of the employer’s workplaces, and a TRO may also protect other named family or household members of the targeted employee.[5] A TRO generally lasts for up to 21 days, by which point the court must hold the hearing on the petition.[6] An order issued after hearing can last for up to three years and can be extended, modified, or terminated through the stipulation of the parties or by motion of either party.[7]
3. This bill permits remote appearances and electronic filings in workplace violence restraining order proceedings
Current law already permits electronic filings and remote appearances in proceedings for protective orders issued under the Domestic Violence Prevention Act,[8] and electronic filings and remote appearances will be permitted in proceedings for civil protective orders and elder and dependent adult abuse protective orders beginning January 1, 2027.[9] In all three case types, remote appearances and most electronic filings must be made available without charge commencing January 1, 2027.[10]
This bill extends similar electronic filing and remote appearance requirements to workplace violence restraining orders, beginning July 1, 2027. Specifically, the bill requires, beginning July 1, 2027, all of the following:
- Parties, witnesses, and support persons must be permitted to appear remotely at the hearing on a petition for a workplace violence restraining order, and the court may not charge a fee for a party to appear remotely.
- A court must permit a workplace violence restraining order, and any filings related to such a petition, to be filed electronically, and must act on the petition based on the time of receipt.
- A court must provide a petitioner who files electronically with specified documents—including documents to be served on the respondent—through electronic means, unless the petitioner requests physical documents at the time of filing.
The bill also requires courts to develop local rules necessary to implement the remote appearance provisions, and requires the Judicial Council of California, on or before January 1, 2028, to develop the necessary rules and forms to implement the remote appearance and electronic filing provisions.
4. Arguments in support
According to the City of Carlsbad:
California law currently allows employers (and, in certain cases, authorized collective bargaining representatives) to seek workplace violence restraining orders when an employee has suffered unlawful violence, harassment, or a credible threat of violence that could reasonably be carried out at the workplace. However, the process can still require in-person participation and paper-based steps that create unnecessary barriers — especially for employees and witnesses who may fear retaliation, lack transportation, cannot easily take time off work, or face safety concerns traveling to and from court.
AB 2179 would permit any party or witness in a workplace violence restraining order proceeding to appear remotely at the hearing. It would also ensure courts do not charge a fee for participating remotely and would require courts to allow electronic submission of filings related to these protective orders, improving timely access to the court process.
AB 2179 supports workplace safety by making restraining order proceedings more accessible and safer to navigate. By reducing practical barriers to participation, the bill can help ensure the court receives the information it needs while minimizing disruption to work and reducing safety risks for parties and witnesses.
SUPPORT
City of Carlsbad (co-sponsor)
San Diego County District Attorney’s Office (co-sponsor)
California District Attorneys Association
California State Association of Counties
CFT – A Union of Educators & Classified Professionals, AFT, AFL-CIO
California Hospital Association
City of San Marcos
OPPOSITION
None received
RELATED LEGISLATION
Pending legislation:
AB 1961 (Ahrens, 2026) authorizes an employer to seek a workplace violence restraining order for an entire workplace, without naming a specific employee, if harassment, unlawful violence, or a credible threat of violence is directed at an entire workplace or location. AB 1961 is pending before this Committee.
AB 1753 (Stefani, 2026) among other things, provides that a party, support person, or witness may appear remotely at a hearing on a petition for a workplace violence protection order; that no fee may be charged for a remote appearance; and that the superior court of each county must develop local rules and instructions for such remote appearances. AB 1753 is pending before the Public Safety Committee.
AB 824 (Stefani, 2025) among other things, makes the same changes to the workplace violence prevention order statute as AB 1753 (Stefani, 2026). AB 824 is pending before the Senate Appropriations Committee.
Prior legislation:
AB 561 (Quirk-Silva, Ch. 267, Stats. 2025) permitted, beginning January 1, 2027, civil protection order petitions and elder or dependent adult abuse protective orders to be filed electronically, and for parties to appear remotely in hearings on those petitions.
SB 553 (Cortese, Ch. 289, Stats. 2023) authorized collective bargaining representatives to seek workplace violence restraining orders on behalf of employees.
PRIOR VOTES:
Assembly Floor (Ayes 70, Noes 0)
Assembly Appropriations Committee (Ayes 13, Noes 0)
Assembly Judiciary Committee (Ayes 12, Noes 0)
**************
Code Civ. Proc., § 527.8. The statute also applies to members of certain boards, volunteers, and independent contractors, as specified; this analysis uses “employee” to cover all of these categories. (See id., § 527.8(b)(3).) ↑
Id., § 527.8. ↑
Ibid. ↑
Id., § 527.8(a). ↑
Id., § 527.8(a), (d). ↑
Id., § 527.8(h). The time period for the hearing may be continued, including granting the respondent one continuance as a matter of right if they request more time to respond to the petition, during which period the TRO will also be extended. (Id., §§ (h), (i).) ↑
Id., § 527.8(l). ↑
Fam. Code, §§ 6307, 6308. ↑
Code Civ. Proc., § 527.6(i)(2), (y); Welf. & Inst. Code, § 15657.03(k)(2), (r)(2). ↑
See Fam. Code, §§ 6307. 6308; Code Civ. Proc., § 527.6(i)(2), (y); Welf. & Inst. Code, § 15657.03(k)(2), (r)(2). ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 2179
Author:(Patel)
As Introduced Ver:February 19, 2026
Majority vote
SUMMARY
Authorizes a party or witness to appear remotely at the hearing on a petition for a workplace violence restraining order and requires courts to accept electronic filings for petitions.
Major Provisions
- Sets forth standards and procedures under which a person may seek a temporary civil restraining order and an order after hearing. (Code of Civil Procedure (CCP) Section 527.6.)
- Authorizes a party or witness to a civil restraining order petition to appear remotely at the hearing on a petition. Prohibits courts from charging a fee for a party to appear remotely and requires the courts to develop local rules and instructions for remote appearances. (CCP Section 527.6 (i).)
- Beginning January 1, 2027, requires courts that receive petitions for protective orders to accept those petitions and any filings electronically. (CCP Section 527.6 (y).)
- Beginning January 1, 2027, authorizes a party or witness to appear remotely at the hearing on a petition for an order. Prohibits the superior court from charging a fee for a party to appear remotely and requires them to develop local rules and instructions for remote appearances. (CCP Section 527.6 (i).)
- Sets forth standards and procedures under which an employer or collective bargaining representative of an employee may seek a civil restraining order on behalf of an employee who has suffered harassment, unlawful violence, or a credible threat of violence that can reasonably be construed to be carried out or to have been carried out at the workplace. (CCP Section 527.8.)
- Provides that there is no filing fee for a petition that alleges that a person has inflicted or threatened violence against the employee, stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking, future violence, or threats of violence. (CCP Section 527.8 (x).)
- Authorizes, until January 1, 2027, a party to a civil case, when they have provided notice to the court and all other parties, to appear remotely and authorizes the court to conduct conferences, hearings, and proceedings, in whole or in part, through the use of remote technology. (CCP Section 367.75.)
- Establishes the Domestic Violence Prevention Act (DVPA). (Family Code Section 6200.)
- Sets forth standards and procedures under which a person may seek a domestic violence restraining order. (Family Code Section 6240 et seq.)
- Requires a court or court facility that receives petitions for domestic violence restraining orders or domestic violence temporary restraining orders to accept those petitions. Beginning January 1, 2027, prohibits charging any fee for electronic filings related to those petitions. (Family Code Section 6307.)
- Authorizes a party, support person, or witness to appear remotely at the hearing on a petition for a domestic violence restraining order. Beginning January 1, 2027, prohibits a fee for a party, support person, or witness to appear remotely at the hearing. (Family Code Section 6308.)
- Sets forth standards and procedures under which an elder or dependent adult who has suffered abuse may seek protective orders. (Welfare and Institutions Code (WIC) Section 15657.03.)
- Beginning January 1, 2027, authorizes a party, representative of the county adult protective services agency, or witness to appear remotely at the hearing on a petition for a protective order. Prohibits a fee for remote appearances. (WIC Section 15657.03 (w).)
- Beginning January 1, 2027, requires a court that receives petitions for protective orders to permit those petitions and any filings related to the petitions to be submitted electronically at no charge to the petitioner. (WIC Section 15657.03 (r).)
COMMENTS
Existing law provides a catalog of restraining order options for individuals who have suffered some form of harassment at the hands of another or multiple individuals. Code of Civil Procedure Section 527.6 et seq authorizes any individual who has suffered harassment to seek a restraining order protecting them from another person. The Domestic Violence Prevention Act (DVPA) allows individuals to seek domestic violence restraining orders (DVROs) against certain family members and cohabitants. The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) likewise provides an opportunity for elders and dependent adults to seek restraining orders, as provided under the Welfare and Institutions Code. Finally, the Code of Civil Procedure also creates a mechanism for employers and qualified unions to seek a restraining order on behalf of a worker that has suffered harassment or threats of unlawful violence.
Recent changes to the restraining order statutes. In 2021, the Legislature passed SB 538 (Rubio) Chap. 686, Stats. 2021. SB 538 required courts to accept electronic filings for DVRO petitions and authorized a party seeking a domestic violence restraining order (DVRO), their support person, or a witness to appear remotely in a hearing on the petition. (Family Code Sections 6307, 6308, respectively.) Last year, the Legislature passed AB 561 (Quirk-Silva) Chap. 267, Stats. 2025, which enacted various changes to the statutes governing restraining orders including domestic violence restraining orders, EADACPA, and civil harassment restraining orders. In relevant part, AB 561 made the following changes beginning January 2027: prohibited courts from charging a fee to parties who appear remotely in DVRO proceedings; authorized parties seeking civil restraining orders to appear remotely for a hearing on the petition and prohibited collecting fees to do so; required courts to accept electronic filings without an accompanying fee; and made the same conforming changes to EADACPA for elder and dependent adult restraining orders. In sum, SB 538 and AB 561 have worked in tandem to eventually allow parties to petition for various types of restraining orders to file their petitions electronically and appear remotely for the hearing on the petition, without additional fees.
As detailed in the analysis for AB 561, "[s]ubmitting paperwork in person for an application to obtain a protective order to prevent abuse or harassment – whether for domestic violence, harassment, or elder abuse – can be inconvenient to petitioners, who may also have pressing needs, including to move their residence, protect their financial assets, or obtain urgently needed palliative or medical care." (Assembly Committee on Judiciary analysis of AB 561 (March 25, 2025).)
However, AB 561 did not make conforming changes to workplace violence restraining order procedures. Therefore, petitioners and witnesses for a workplace violence restraining order are required to appear in person both to file the petition and for the hearing on the petition.
Providing consistency with other forms of restraining orders, this bill authorizes a party or witness seeking a workplace violence restraining order to appear remotely at the hearing on a petition. In line with both the standard civil restraining order and domestic violence restraining order statutes, this bill also prohibits the court from charging a fee for a party to appear remotely, and directs the court to develop local rules and instructions for the remote appearances. The bill also requires courts to allow parties to submit their petition for restraining orders and related filings electronically.
It is not clear why workplace violence restraining orders were left out of AB 561. Workplace violence restraining orders are distinguishable from civil restraining orders, DVROs and elder and dependent adult restraining orders in that the petitioner is either an employer or the worker's union, rather than the harassed party. Nonetheless, the impetus underlying allowing parties to file petitions remotely in other types of restraining order cases – to allow protected parties and witnesses to maintain distance from the restrained party and ease access to the proceeding, and in doing so encourage parties to seek restraining orders where necessary – appears to remain the same in the context of workplace violence. Thus, providing the same opportunities to file petitions electronically and allowing parties and witnesses to appear remotely in hearings seems a reasonable proposal.
According to the Author
Today, several restraining order types allow electronic petitions and remote participation, including gun violence, civil harassment, domestic violence, and elder/dependent adult protective orders, but WVRO petitioners and participants do not have the same access. Petitioners facing workplace threats or harassment lose time and incur costs traveling to court to file in person. Remote appearance options also reduce time away from work/home responsibilities and reduce the fear of being near the restrained person.
Arguments in Support
This bill is co-sponsored by the City of Carlsbad and the San Diego County District Attorney's Office. It enjoys additional support from the California Hospital Association, a number of unions, labor and employment organizations, and the California District Attorneys Association. In support of the bill the sponsors write:
California law currently allows employers (and, in certain cases, authorized collective bargaining representatives) to seek workplace violence restraining orders when an employee has suffered unlawful violence, harassment, or a credible threat of violence that could reasonably be carried out at the workplace. However, the process can still require in-person participation and paper-based steps that create unnecessary barriers — especially for employees and witnesses who may fear retaliation, lack transportation, cannot easily take time off work, or face safety concerns traveling to and from court.
[…]
AB 2179 supports workplace safety by making restraining order proceedings more accessible and safer to navigate. By reducing practical barriers to participation, the bill can help ensure the court receives the information it needs while minimizing disruption to work and reducing safety risks for parties and witnesses.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee, unknown, likely minor, costs to the courts (Trial Court Trust Fund, General Fund). The Judicial Council estimates a minor revenue impact related to the prohibition on charging for remote access to workplace violence restraining order hearings. The bill does not create fiscal concerns for the judicial branch.
VOTES
ASM JUDICIARY: 12-0-0
YES: Kalra, Macedo, Bauer-Kahan, Bryan, Connolly, Dixon, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur
ASM APPROPRIATIONS: 13-0-2
YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Solache, Ta, Tangipa
ABS, ABST OR NV: Muratsuchi, Pellerin
UPDATED
VERSION: February 19, 2026
CONSULTANT: Manuela Boucher / JUD. / (916) 319-2334 FN: 0002366
Date of Hearing: April 15, 2026
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2179
Author:(Patel) – As Introduced Ver:February 19, 2026
Policy Committee: | Judiciary | Vote: | 12 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill allows any party or witness to a workplace violence restraining order to appear remotely at a hearing and prohibits the court from charging a remote appearance fee, beginning July 1, 2027. It also requires each court to develop a local rule and instructions for accessing remote appearances and post them on the court’s website.
FISCAL EFFECT:
Unknown, likely minor, costs to the courts (Trial Court Trust Fund, General Fund). The Judicial Council estimates a minor revenue impact related to the prohibition on charging for remote access to workplace violence restraining order hearings. The bill does not create fiscal concerns for the judicial branch.
COMMENTS:
- Purpose. According to the author:
Today, several restraining order types allow electronic petitions and remote participation, including gun violence, civil harassment, domestic violence, and elder/dependent adult protective orders, but WVRO petitioners and participants do not have the same access. Petitioners facing workplace threats or harassment lose time and incur costs traveling to court to file in person. Remote appearance options also reduce time away from work/home responsibilities and reduce the fear of being near the restrained person.
- Background. Existing law authorizes a person who has suffered harassment, unlawful violence, or threats of unlawful violence to obtain a restraining order against another person. There are numerous types of restraining orders, including a general civil restraining order available to anyone who may feel it necessary; domestic violence restraining orders for individuals in more intimate relationships such as romantic relationships, parent-child relationships, or cohabitants; elder and dependent adult abuse restraining orders; and workplace violence restraining orders available to employers and certain employee-authorized representatives to protect workers. Over the past five years the Legislature has passed laws requiring courts to petition for certain retraining orders electronically and appear remotely for hearing on those petitions. Specifically, in 2021, the Legislature passed SB 538 (Rubio) Chapter 686, Statues of 2021, requiring courts to accept electronic filings for domestic violence restraining order (DVRO) petitions and authorized a party seeking a DVRO, their support person, or a witness to appear remotely in a hearing on the petition. Last year, the Legislature passed AB 561 (Quirk-Silva) Chapter 267, Statutes of 2025, which enacted various changes to the statutes governing restraining orders including domestic violence restraining orders, EADACPA, and civil harassment restraining orders. This bill extends the procedures established by AB 561 to workplace violence restraining orders, thereby reducing the financial burden on a petitioner and facilitating remote appearances at related hearings. Like AB 561, this bill eliminates specified filing fees, requires a court to accept electronic filings, prohibits a court from charging fees for a petitioner or other parties to appear remotely at certain hearings, and requires each county court to make available on its website specified information relating to workplace violence restraining orders and electronic filings.
Analysis Prepared by: Shiran Zohar / APPR. / (916) 319-2081
Date of Hearing: March 24, 2026
ASSEMBLY COMMITTEE ON JUDICIARY
Ash Kalra, Chair
ABPCA Bill Id:AB 2179
Author:(Patel) – As Introduced Ver:February 19, 2026
SUBJECT: Workplace violence: restraining orders
KEY ISSUES:
- SHOULD PARTIES AND WITNESSES testifying in a proceeding regarding A PETITION FOR A WORKPLACE VIOLENCE RESTRAINING ORDER BE AUTHORIZED TO APPEAR REMOTELY FOR A HEARING ON THE PETITION?
- SHOULD COURTS BE REQUIRED TO ACCEPT ELECTRONIC FILINGS FOR WORKPLACE VIOLENCE RESTRAINING ORDERS?
SYNOPSIS
Existing law authorizes a person who has suffered harassment, unlawful violence, or threats of unlawful violence to obtain a restraining order against another person. There are numerous types of restraining orders, including a general civil restraining order available to anyone who may feel it necessary; domestic violence restraining orders for individuals in more intimate relationships such as romantic relationships, parent-child relationships, or cohabitants; elder and dependent adult abuse restraining orders; and workplace violence restraining orders available to employers and certain employee-authorized representatives to protect workers. Beginning in January 2027, petitioners for a domestic violence restraining order, elder and dependent adult restraining order, and a general civil restraining order will be able to file their petitions electronically and appear remotely for a hearing on the petition. However, the same is not true for workplace violence restraining orders. This bill seeks to conform authorization for remote appearance for hearing on petitions and electronic filings for workplace violence restraining orders with other types of civil restraining orders.
This bill is co-sponsored by the City of Carlsbad and the Office of the San Diego County District Attorney. It is further supported by various unions, the California Hospital Association, and the California District Attorneys Association. There is currently no registered opposition.
SUMMARY: Authorizes a party or witness to appear remotely at the hearing on a petition for a workplace violence restraining order and requires courts to accept electronic filings for petitions.
EXISTING LAW:
- Sets forth standards and procedures under which a person may seek a temporary civil restraining order and an order after hearing. (Code of Civil Procedure (CCP) Section 527.6.)
- Authorizes a party or witness to a civil restraining order petition to appear remotely at the hearing on a petition. Prohibits courts from charging a fee for a party to appear remotely and requires the courts to develop local rules and instructions for remote appearances. (CCP Section 527.6 (i).)
- Beginning January 1, 2027, requires courts that receive petitions for protective orders to accept those petitions and any filings electronically. (CCP Section 527.6 (y).)
- Beginning January 1, 2027, authorizes a party or witness to appear remotely at the hearing on a petition for an order. Prohibits the superior court from charging a fee for a party to appear remotely and requires them to develop local rules and instructions for remote appearances. (CCP Section 527.6 (i).)
- Sets forth standards and procedures under which an employer or collective bargaining representative of an employee may seek a civil restraining order on behalf of an employee who has suffered harassment, unlawful violence, or a credible threat of violence that can reasonably be construed to be carried out or to have been carried out at the workplace. (CCP Section 527.8.)
- Provides that there is no filing fee for a petition that alleges that a person has inflicted or threatened violence against the employee, stalked the employee, or acted or spoken in any other manner that has placed the employee in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking, future violence, or threats of violence. (CCP Section 527.8 (x).)
- Authorizes, until January 1, 2027, a party to a civil case, when they have provided notice to the court and all other parties, to appear remotely and authorizes the court to conduct conferences, hearings, and proceedings, in whole or in part, through the use of remote technology. (CCP Section 367.75.)
- Establishes the Domestic Violence Prevention Act (DVPA). (Family Code Section 6200.)
- Sets forth standards and procedures under which a person may seek a domestic violence restraining order. (Family Code Section 6240 et seq.)
- Requires a court or court facility that receives petitions for domestic violence restraining orders or domestic violence temporary restraining orders to accept those petitions. Beginning January 1, 2027, prohibits charging any fee for electronic filings related to those petitions. (Family Code Section 6307.)
- Authorizes a party, support person, or witness to appear remotely at the hearing on a petition for a domestic violence restraining order. Beginning January 1, 2027, prohibits a fee for a party, support person, or witness to appear remotely at the hearing. (Family Code Section 6308.)
- Sets forth standards and procedures under which an elder or dependent adult who has suffered abuse may seek protective orders. (Welfare and Institutions Code (WIC) Section 15657.03.)
- Beginning January 1, 2027, authorizes a party, representative of the county adult protective services agency, or witness to appear remotely at the hearing on a petition for a protective order. Prohibits a fee for remote appearances. (WIC Section 15657.03 (w).)
- Beginning January 1, 2027, requires a court that receives petitions for protective orders to permit those petitions and any filings related to the petitions to be submitted electronically at no charge to the petitioner. (WIC Section 15657.03 (r).)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: Existing law provides a catalog of restraining order options for individuals who have suffered some form of harassment at the hands of another or multiple individuals. Code of Civil Procedure Section 527.6 et seq authorizes any individual who has suffered harassment to seek a restraining order protecting them from another person. The Domestic Violence Prevention Act (DVPA) allows individuals to seek domestic violence restraining orders (DVROs) against certain family members and cohabitants. The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) likewise provides an opportunity for elders and dependent adults to seek restraining orders, as provided under the Welfare and Institutions Code. Finally, the Code of Civil Procedure also creates a mechanism for employers and qualified unions to seek a restraining order on behalf of a worker that has suffered harassment or threats of unlawful violence.
Recent changes to the restraining order statutes. In 2021, the Legislature passed SB 538 (Rubio) Chap. 686, Stats 2021. SB 538 required courts to accept electronic filings for DVRO petitions and authorized a party seeking a domestic violence restraining order (DVRO), their support person, or a witness to appear remotely in a hearing on the petition. (Family Code Sections 6307, 6308, respectively.) Last year, the Legislature passed AB 561 (Quirk-Silva) Chap. 267, Stats 2025, which enacted various changes to the statutes governing restraining orders including domestic violence restraining orders, EADACPA, and civil harassment restraining orders. In relevant part, AB 561 made the following changes beginning January 2027: prohibited courts from charging a fee to parties who appear remotely in DVRO proceedings; authorized parties seeking civil restraining orders to appear remotely for a hearing on the petition and prohibited collecting fees to do so; required courts to accept electronic filings without an accompanying fee; and made the same conforming changes to EADACPA for elder and dependent adult restraining orders. In sum, SB 538 and AB 561 have worked in tandem to eventually allow parties to petition for various types of restraining orders to file their petitions electronically and appear remotely for the hearing on the petition, without additional fees.
As detailed in the analysis for AB 561, “[s]ubmitting paperwork in person for an application to obtain a protective order to prevent abuse or harassment – whether for domestic violence, harassment, or elder abuse – can be inconvenient to petitioners, who may also have pressing needs, including to move their residence, protect their financial assets, or obtain urgently needed palliative or medical care.” (Assembly Committee on Judiciary analysis of AB 561 (March 25, 2025).)
However, AB 561 did not make conforming changes to workplace violence restraining order procedures. Therefore, petitioners and witnesses for a workplace violence restraining order are required to appear in person both to file the petition and for the hearing on the petition. According to the author:
Today, several restraining order types allow electronic petitions and remote participation, including gun violence, civil harassment, domestic violence, and elder/dependent adult protective orders, but WVRO petitioners and participants do not have the same access. Petitioners facing workplace threats or harassment lose time and incur costs traveling to court to file in person. Remote appearance options also reduce time away from work/home responsibilities and reduce the fear of being near the restrained person.
Providing consistency with other forms of restraining orders, this bill would authorize a party or witness seeking a workplace violence restraining order to appear remotely at the hearing on a petition. In line with both the standard civil restraining order and domestic violence restraining order statutes, this bill would also prohibit the court from charging a fee for a party to appear remotely, and directs the court to develop local rules and instructions for the remote appearances. The bill also requires courts to allow parties to submit their petition for restraining orders and related filings electronically.
It is not clear why workplace violence restraining orders were left out of AB 561. Workplace violence restraining orders are distinguishable from civil restraining orders, DVROs and elder and dependent adult restraining orders in that the petitioner is either an employer or the worker’s union, rather than the harassed party. Nonetheless, the impetus underlying allowing parties to file petitions remotely in other types of restraining order cases – to allow protected parties and witnesses to maintain distance from the restrained party and ease access to the proceeding, and in doing so encourage parties to seek restraining orders where necessary – appears to remain the same in the context of workplace violence. Thus, providing the same opportunities to file petitions electronically and allowing parties and witnesses to appear remotely in hearings seems a reasonable proposal.
ARGUMENTS IN SUPPORT: This bill is co-sponsored by the City of Carlsbad and the San Diego County District Attorney’s Office. It enjoys additional support from the California Hospital Association, a number of unions, and the California District Attorneys Association. In support of the bill the sponsors write:
California law currently allows employers (and, in certain cases, authorized collective bargaining representatives) to seek workplace violence restraining orders when an employee has suffered unlawful violence, harassment, or a credible threat of violence that could reasonably be carried out at the workplace. However, the process can still require in-person participation and paper-based steps that create unnecessary barriers — especially for employees and witnesses who may fear retaliation, lack transportation, cannot easily take time off work, or face safety concerns traveling to and from court.
[…]
AB 2179 supports workplace safety by making restraining order proceedings more accessible and safer to navigate. By reducing practical barriers to participation, the bill can help ensure the court receives the information it needs while minimizing disruption to work and reducing safety risks for parties and witnesses.
REGISTERED SUPPORT / OPPOSITION:
Support
City of Carlsbad (co-sponsor)
San Diego County District Attorney's Office (co-sponsor)
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
California District Attorneys Association
California Hospital Association
CFT – a Union of Educators & Classified Professionals, AFT, AFL-CIO
Engineers and Scientists of California, IFPTE Local 20, AFL-CIO
Unite-here, AFL-CIO
Utility Workers of America
Opposition
None on file
Analysis Prepared by: Manuela Boucher-de la Cadena / JUD. / (916) 319-2334
Bill Author
