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CA AB2089

Bill

Status

Passed

9/26/2014

Primary Sponsor

Bill Quirk

Click for details

Origin

State Assembly

2013-2014 Session

AI Summary

  • Authorizes courts to issue protective orders after notice and hearing to prevent acts of domestic violence, abuse, and sexual abuse, and ensure separation of persons involved based on reasonable proof of past abuse.

  • Specifies that the length of time since the most recent act of abuse is not, by itself, determinative; courts must consider the totality of circumstances when deciding whether to grant or deny a protective order.

  • Requires trial courts to provide a brief written statement or on-the-record explanation of reasons when denying a petition for a protective order.

  • Establishes that mutual protective orders can only be issued if both parties appear, present written evidence of abuse, and the court makes detailed findings that both parties acted primarily as aggressors while considering provisions on dominant aggressors in Penal Code Section 836.

  • Clarifies that "abuse" encompasses intentional or reckless bodily injury, sexual assault, reasonable apprehension of imminent serious bodily injury, and behaviors enjoined under Section 6320, and is not limited to actual physical injury or assault.

Legislative Description

Domestic violence: protective orders.

Last Action

Chaptered by Secretary of State - Chapter 635, Statutes of 2014.

9/26/2014

Committee Referrals

Appropriations6/15/2014
Judiciary5/22/2014
Rules5/8/2014
Appropriations4/22/2014
Judiciary3/3/2014

Full Bill Text

No bill text available