Domestic violence: Reclaim Act.
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 Senate
- Passed Assembly
- To Governor
- Became Law
Overview
Senate Bill 1192, the ‘Reclaim Act,’ aims to protect domestic violence survivors in legal proceedings. It creates a process for victims to seek a prefiling order to prevent abusive litigation by their abusers. This order would require the abuser to obtain court permission before filing any new lawsuits or conducting discovery. The bill also provides financial assistance and streamlined procedures for victims involved in legal cases, including electronic filing and remote hearings, and clarifies the rights of victims in court proceedings.
Key provisions
- Creates a process for victims of domestic violence to seek prefiling orders to prevent abusive litigation.
- Requires a court to grant a prefiling order if the victim demonstrates the litigation is frivolous or abusive.
- Requires a person subject to a prefiling order to obtain court permission before filing litigation or conducting discovery.
- Provides victims with fee waivers for filings related to seeking a prefiling order.
- Allows for electronic filing without charge.
- Permits remote hearings without charge.
- Enumerates rights of victims of domestic violence that do not create a cause of action against the state.
- Requires the Judicial Council to maintain records of prefiling orders and update court forms.
Who is affected
- Victims of domestic violence
- Abusers of domestic violence
- Courts
- Attorneys
Bill text
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Sponsors
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3 on record
Primary sponsor
Cosponsors
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