Bill Text: CA AB2369 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2369 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Domestic Violence Prevention Act: attorney’s fees and costs.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2022-09-27 - Chaptered by Secretary of State - Chapter 591, Statutes of 2022. [AB2369 Detail]

Download: California-2021-AB2369-Amended.html

Amended IN Assembly March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2369

Introduced by Assembly Member Salas

February 16, 2022

An act ~~relating to crimes.~~ to repeal and add Section 6344 of the Family Code, relating to domestic violence.

LEGISLATIVE COUNSEL'S DIGEST

AB 2369, as amended, Salas. ~~Domestic violence: state services.~~ Domestic Violence Prevention Act: attorney’s fees and costs.

Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party.
Existing law authorizes a court to issue an order for the payment of attorney’s fees and costs of the prevailing party. Existing law also requires the court to order that the respondent pay petitioner’s attorney’s fees and costs, in any action in which the petitioner is the prevailing party and cannot afford to pay for the attorney’s fees, if appropriate, as specified.
This bill would instead require a court to issue an order for the payment of attorney’s fees and costs for a prevailing protected party. The bill would authorize a court to issue an order for the payment of attorney’s fees and costs for a prevailing party who was sought to be restrained only if the petition or request is proven to be frivolous or solely intended to harass, intimidate, or cause unnecessary delay.
Existing law establishes programs to support domestic violence survivors and provide them with services, such as the Comprehensive Statewide Domestic Violence Program to provide local assistance to existing domestic violence service providers, the Safe at Home program to keep addresses confidential, and the Sargent Shriver Civil Counsel Act to provide legal counsel to low-income persons seeking domestic violence restraining orders.
~~This bill would state the intent of the Legislature to enact legislation to improve state services for domestic violence survivors.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 6344 of the Family Code is repealed.

6344.
~~(a)After notice and a hearing, the court may issue an order for the payment of attorney’s fees and costs of the prevailing party.~~
(b)In any action in which the petitioner is the prevailing party and cannot afford to pay for the attorney’s fees and costs, the court shall, if appropriate based on the parties’ respective abilities to pay, order that the respondent pay petitioner’s attorney’s fees and costs for commencing and maintaining the proceeding. Whether the respondent shall be ordered to pay attorney’s fees and costs for the prevailing petitioner, and what amount shall be paid, shall be determined based upon (1) the respective incomes and needs of the parties, and (2) any factors affecting the parties’ respective abilities to pay.

SEC. 2.

Section 6344 is added to the Family Code, to read:

6344.
(a) A court shall issue an order for the payment of attorney’s fees and costs for a prevailing protected party and shall issue an order for the payment of attorney’s fees.
(b) The court may issue an order for the payment of attorney’s fees and costs for a prevailing party who was sought to be restrained only if the petition or request is proven to be frivolous or solely intended to harass, intimidate, or cause unnecessary delay.

SECTION 1.
~~The Legislature intends to enact legislation to improve state services for domestic violence survivors and their families.~~