Domestic violence: restraining orders.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Enrolled
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill changes how ex parte restraining orders for domestic violence are issued in California. Currently, courts require notice to be given to the person being restrained before an order can be issued. This bill removes that requirement, allowing a court to issue an ex parte order based solely on the requesting party’s affidavit or testimony without needing to provide advance notice or explanation. It also prohibits courts from creating rules or forms that conflict with this change.
Key provisions
- Eliminates the requirement to provide notice to the restrained party before accepting an application for an ex parte restraining order.
- Prohibits courts from requiring explanations for not providing notice.
- Prevents courts from adopting rules or forms that contradict the new provisions.
- Clarifies that an ex parte request for a protective order can be filed on Judicial Council forms.
- Specifies the timing for issuing or denying ex parte orders.
- Reinforces that ex parte orders cannot be denied solely due to lack of notice.
Who is affected
- Domestic violence survivors
- Individuals subject to restraining orders
- Family law courts
- Judges
- Legal professionals
Notable changes
- Removes the existing requirement for advance notice in ex parte domestic violence restraining order proceedings.
Bill text
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Sponsors
Official sponsors from legislative records.
8 on record
Primary sponsor
Cosponsors
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