Bill Text: CA AB536 | 2015-2016 | Regular Session | Amended

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

---

Bill Title: Domestic violence: protective orders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-07-13 - Chaptered by Secretary of State - Chapter 73, Statutes of 2015. [AB536 Detail]

Download: California-2015-AB536-Amended.html

---

BILL NUMBER: AB 536	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2015

INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 23, 2015

   An act to amend Section 6305 of the Family Code, relating to
domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 536, as amended, Bloom. Domestic violence: protective orders.
   The Domestic Violence Protection Act authorizes a judicial officer
to issue a protective order after notice and a hearing for the
purpose of preventing acts of domestic violence, abuse, and sexual
abuse and ensuring a period of separation of the persons involved in
the domestic violence. The act defines domestic violence as abuse
perpetrated against specified persons, and further defines abuse
within that context. Existing law authorizes the court to issue a
mutual order enjoining the parties from specific acts of abuse if
both parties personally appear, each party presents written evidence
of abuse or domestic violence, and the court makes detailed findings
of fact indicating that both parties acted as a primary aggressor and
that neither party acted primarily in self-defense.
   This bill would require each party to present written evidence of
abuse or domestic violence on an application for relief using a
mandatory Judicial Council restraining order application form, and
would specify, for these purposes, written evidence of abuse or
domestic violence in a responsive pleading does not satisfy the party'
s obligation to present written evidence of abuse or domestic
violence. The bill would require the Judicial  Council
  Council, by July 1, 2016,  to  include on
the forms used to respond to a request for a restraining order a
specified statement.   modify forms as necessary to
provide notice of this information. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6305 of the Family Code is amended to read:
   6305.  (a) The court shall not issue a mutual order enjoining the
parties from specific acts of abuse described in Section 6320 unless
both of the following apply:
   (1) Both parties personally appear and each party presents written
evidence of abuse or domestic violence in an application for relief
using a mandatory Judicial Council restraining order application
form. For purposes of this paragraph, written evidence of abuse or
domestic violence in a responsive pleading does not satisfy the party'
s obligation to present written evidence of abuse or domestic
violence.  The   By July 1, 2016, the 
Judicial Council shall  include on the forms used to respond
to a request for a restraining order a statement informing the party
that he or she shall not use this form to request a domestic violence
restraining order against the other party.   modify
forms as necessary to provide notice of this information. 
   (2) The court makes detailed findings of fact indicating that both
parties acted as a primary aggressor and that neither party acted
primarily in self-defense.
   (b) For purposes of subdivision (a), in determining if both
parties acted primarily as aggressors, the court shall consider the
provisions concerning dominant aggressors set forth in paragraph (3)
of subdivision (c) of Section 836 of the Penal Code.