AB 26 (Migden) Statewide Registration of Domestic Partners
(Ch. 588, adding Family Code §297, et. seq.)
This bill creates a new statewide registration of domestic partners who
are two unmarried adults who are either of the same sex or, if they are
over 62 and qualify for Social Security benefits, are of the opposite
sex. They must have a
(1) common residence,
(2) agree to be jointly responsible for each other's “basic living
expenses,”
(3) be unmarried, not a member of another domestic partnership and have
terminated any prior domestic partnerships with the Secretary of State,
(4) be unrelated by blood and be at least 18
(5) be capable of consenting to the partnership and
(6) both must file a declaration of domestic partnership with the
Secretary of State.
Forms to register and terminate are available from Secretary of State
offices and county clerks. Benefits of partnership are hospital
visitation rights and heath benefits to state and local employees.
Termination of partnership occurs through any of the following:
(1) one partners gives or sends by certified mail a written notice of
termination,
(2) death of a partner
(3) marriage of a partner
(4) the partners cease to live together.
Before either of the partners can register a new partnership, one of
them must file a notice of termination with the Secretary of State and
at least six months must elapse after the filing of the termination
notice unless the previous partnership ended due to death or marriage.
AB 59 (Cedillo) – Restraining Orders for Elder/Dependent Adults
(Ch. 561, amending Family Code §§ 6250, 6251, 6252, 6380, amending Penal
Code § 273.6, adding Welfare & Institutions Code § 15657.03)
This bill allows courts to issue Emergency Protective Orders or civil
protective orders (Welfare & Institutions Code § 15657.03) when an elder
or dependent adult is in immediate and present danger of abuse, defined
in Welfare and Institutions Code §15610.07.
AB 196 (Kuehl) Creation of New Statewide Office of Child Support
Services
(Ch. 478, adding Family Code § 17200)
This bill, in conjunction with SB 542 (Burton, Ch. 480) and AB 150 (Aroner,
Ch. 479), completely revamps California's child support program. There
will be a new state department of Child Support Services, located within
the Health and Human Services Agency, which will be responsible for all
aspects of child support. It will begin on January 1, 2000. All local
child support programs must transfer from the district attorneys to new
local county child support departments of child support services between
1-1-2001 and 1-1-2003. Local programs must comply with requirements
established by the state Department. The Franchise Tax Board will be
responsible for managing child support delinquencies that are more than
60 days late and over $100.
AB 207 (Thomson) Recording of Restraining Order Violations
(Ch. 367, adding Penal Code § 633.6)
Permits the judge in a restraining order case, upon application from the
petitioner, to include a provision in the order that permits the abuse
victim to record any prohibited communication made to him or her by the
abuser (without fear that they will be charged with illegal
wiretapping).
AB 391 (Jackson) Domestic Violence & Spousal Support
(Ch. 846, amending Family Code § 4320)
This bill requires the court when considering the age and health of the
parties to determine spousal support, to include the consideration of
emotional distress resulting from domestic violence against the
supported party where the court finds documented evidence of a history
of domestic violence. (This bill incorporated provisions of AB 808
(Strom-Martin), which it superseded because the Governor signed it after
signing AB 808, and both amended the same Family Code section.)
AB 606 (Jackson) Victim Witness Funds for Relocation or
Residential Security in D.V. Cases
(Ch. 584, amending §§ 13961.1, 13965, and adding and repealing §13968.5
of the Government Code; and amending Penal Code § 1202.4)
Would allow victim witness centers to pay/reimburse abuse survivors up
to $2000 in relocation expenses, within 30 days of applying for the
funds, including but not limited to: utility deposits; rent deposits;
temporary food and lodging (up to $1000) or clothing and personal items
(up to $500). The victim must agree not to inform the perpetrator of the
new location of her residence; not permit the perpetrator to be on the
premises or agree to get a restraining order against the abuser. Law
enforcement or a mental health provider must verify that the expenses
are necessary for the personal safety or emotional well-being of the
victim. Also would allow up to $1000 the expense of installing or
increasing residential security if the crime occurred in the victim's
residence. (NOTE: To be eligible for victim-witness funds, the domestic
violence must have been reported to the police) Victim witness
assistance received shall not disqualify an otherwise eligible victim
from participation in any other public assistance program. Would also
allow judges in criminal cases to order convicted defendants to pay
restitution to the victim for, among other losses, costs of relocation
or increasing residential security. If the victim is permanently disabled
as a direct result of the crime, a cash payment can be authorized for
the expense of renovating or retrofitting his or her residence or
vehicle, subject to specified conditions. This payment is not to exceed
$5,000.00.
AB 673 (Honda) Supervised Visitation Centers
(Ch. 1004, adding Family Code §§ 3201, 3202, 3203 and 3204)
Permits the family law division of a superior court to set up/contract
for supervised visitation/exchange programs, parent education, and group
counseling programs, subject to obtaining funding, and requires the
Judicial Council to apply for such funding from the federal government.
AB 825 (Keeley) Domestic Violence Restraining Order System
(Ch. 661, amending Code of Civil Procedure §§527.6, 527.8; Family Code
§§ 145, 6221, 6380, 6380.5, 6381, and 6383; Penal Code § 136.2, 836,
13701, 13711, and Welfare & Institutions Code §213.5)
This bill renames the Domestic Violence Protective Order Registry the
Domestic Violence Restraining Order System. Requires civil harassment
orders, workplace violence restraining orders, domestic violence
restraining orders, criminal stay away orders and juvenile court
restraining orders to be issued on forms created by the Judicial Council
and approved by the Department of Justice, and entered into the Domestic
Violence Protective Order Registry. Only orders that are on the approved
forms may be transmitted to the Department of Justice for entry into the
Domestic Violence Protective Order Registry, except for out-of-state
orders. This bill makes the system applicable to only protective and
restraining orders issued on forms adopted by the Judicial Council and
approved by the Department of Justice.
AB 840 (Kuehl) Presumption Against Custody to a Batterer
(Ch. 445, adding Family Code § 3044)
Creates a rebuttable presumption that an award of sole or joint physical
or legal custody to a person who has perpetrated domestic violence
within the past 5 years is detrimental to the best interests of the
child. In determining whether the presumption has been overcome, the
court shall consider: whether the perpetrator of domestic violence has
demonstrated that giving sole custody to the perpetrator is in the best
interest of the child; whether the perpetrator has successfully
completed a specified batterer's treatment program, a program of alcohol
or drug abuse counseling, or a parenting class, where the court deems it
appropriate; if the perpetrator is on probation or parole, whether he or
she is restrained by a protective order granted after a hearing, and
whether he or she has complied with its terms or conditions; whether the
perpetrator of domestic violence has committed any further acts of
domestic violence. In cases in which both parents are perpetrators, the
presumption shall not apply.
AB 1111 (Aroner) Homelessness Assistance
(Ch. 147, amending Welfare & Institutions Code § 11450(f)(2)(E)(iii))
Homelessness assistance is now available once every 12 months (instead
of every 2 years) in domestic violence cases.
AB 1671 (Committee on Judiciary) Domestic Violence & Custody;
Absence from Family Home, Extended Time for Notice in Restraining Order
Cases
(Ch. 980, amending Family Code §§ 215, 243, 3011, 3020, 3021, 4065,
4508, 6341, 17400, adding Family Code §§126, 3046, 5000, 5001, 5002,
17523; amending Revenue and Taxation Code §§ 19271.6, 19272 and 19273;
amending Welfare and Institutions Code §§213.5 , 11475.1; amending and
renumbering Welfare and Institutions Code §18205; adding Welfare and
Institutions Code §11350.75
Clarifies that Family Code §§ 3011, 3020, 3021 apply to both legal and
physical custody determinations. Adds that if a party is absent or
relocates from family residence, this should not be considered in
Custody determinations absence or relocation is: (1) of short duration
and parent showed an interest in maintaining custody/visitation; (2) due
to domestic violence from the other party. (If reason for absence is
because party was the restrained party in a restraining order, their
absence may be considered.) Allows court to require child support
obligor to establish a financial institution account for the purpose of
paying the child support obligation by electronic funds transfer. Makes
restraining orders issued in juvenile court good for up to 3 years
(instead of one). Clarifies that child support may be ordered as part of
a restraining order case, whether or not the parties are married.
(Family Code §6341) Amends Family Code §243(b) to require that an ex-parte
order issued under Family Code §240 (which includes domestic violence
restraining orders) be served 5 days before the hearing, rather than 2.
(The court may still shorten time to 2 days on a motion by the
petitioner under Family Code §243(e).)
SB 56 (Solis) Employment protections for persons who take off
work to testify to seek assistance in a domestic violence situation
(Ch 340, amending Labor Code § 230 of the Labor Code)
This law prohibits discrimination or retaliation against an employee who
takes time off to serve as a juror or a witness in any judicial
proceeding including, one who is the victim of a crime. This bill also
provides that an employer may not discharge, discriminate, or retaliate
against an employee who is a domestic violence victim for taking time
off of work to “obtain or attempt to obtain any relief, including, but
not limited to, a temporary restraining order, restraining order or
other injunctive relief to help ensure the health, safety, or welfare of
a domestic violence victim or his or her child.” The employee is
required to give reasonable notice to the employer, except where there
is an emergency, in which case the employer shall not take any action
against the employee if, within a reasonable time after the appearance,
s/he provides evidence from the court or prosecuting attorney that s/he
has appeared in court. An employee may use vacation, personal leave ,or
compensatory time off for any of the above stated purposes, except where
otherwise stated in a collective bargaining agreement. However, a
collective bargaining agreement in no way limits the entitlements of
employees under this section.
SB 69 (Murray) Stalking and Criminal Court Continuances
(Ch. 580, amending Penal Code § 1050)
Adds stalking cases to the list of cases for which a prosecuting
attorney can request a continuance due to a previous conflicting court
proceeding.
SB 218 (Solis) Mandatory arrest for restraining order
violations; referrals to probation-approved batterer's counseling in
family court; translation of restraining order forms; firearm
restrictions
(Ch. 662, amending Code of Civil Procedure § 185, amending Family Code
§§ 6304, 6343, 6380.5 and 6389, amending Health and Safety Code § 12451,
amending Penal Code §§ 166, 273(d), 273.5, 273.6, 836, 1328, 11163.3,
12021 and 120028.5, repealing Penal Code §§ 273.55 and 273.56, adding
Penal Code § 11163.6)
This bill requires the Judicial Council, by July 1, 2001, to make
domestic violence forms available in languages other than English. (Code
of Civil Procedure § 185) It changes the provision on court ordered
batterer's counseling in Family Code § 6343 to require participation in
a probation-approved program, and deletes the provision authorizing the
court to order counseling for the protected party.
This bill requires the court, in consultation with local domestic
violence shelters and programs, to develop a resource list of referrals
to domestic violence programs and services to be provided to each
applicant for a restraining order. (Family Code § 6343(b).) It clarifies
prior law requiring a peace officer to arrest persons who violate
restraining orders when an officer has probable cause to believe that
the person subject to the order has notice of the order. (Penal Code §
836) Adds restraining orders issued by military courts to the group of
orders that must be entered into the Domestic Violence Restraining Order
System.
Requires that the court, when issuing a protective order, inform the
respondent that he/she is prohibited from owning, possessing or
attempting to own or possess a firearm.(Fam. Code § 6304) It prohibits a
person subject to a protective order from owning, possessing,
purchasing, or receiving a firearm while the order is in effect. (Fam.
Code § 6389) (A hearing is no longer required to determine whether the
firearm should be removed.) It states that a violation of an order by
owning, possessing, etc., a gun is punishable by a misdemeanor or
felony. It defines contempt of court as knowingly owning, possessing,
purchasing, or receiving a firearm in violation of certain protective
orders, except as noted and provides for punishment of this contempt
consistent with the penal code. The bill authorizes the court to allow a
peace officer to continue to carry a firearm, either on or off duty if
his employment and personal safety depends on the ability to carry a
firearm and the court finds by preponderance of the evidence that the
officer does not pose a threat of harm. Prior to making the finding, the
court shall require a psychological evaluation of the peace officer.
(Family Code § 6389(h).)
This bill expands criminal contempt and criminal penalties for violating
a protective order. Changes from discretionary to mandatory the removal
of firearms at the scene of domestic violence incidents Makes it a
misdemeanor for every person to own or possess a firearm Knowing that he
or she is subject to a protective order or injunction as specified,
punishable by imprisonment in a county jail not to exceed one year, by a
fine not to exceed $1,000 or by both that fine and imprisonment. The law
provides that when a court grants probation for firearms violations of a
protective order as described, probation shall be consistent with
provisions of the Penal Code regarding probation for domestic violence.
The law requires judicial council to provide notice on all protective
orders that the respondent is prohibited form owning, possessing,
purchasing, or receiving a firearm while the order is in effect.
Changes the definition of "abuse" in Penal Code §12028.5 to be
consistent with the definition in the Family Code §6203. Replaces the
definition of "family violence" and "family or household member" with a
definition for "domestic violence" consistent with Family Code §6211.The
bill makes the violation of an out of state restraining order contempt
of court (Penal Code § 166) and a crime (Penal Code § 273.6).
The bill increases penalties for repeat offenders of domestic violence
(Penal Code § 273.5).
The bill authorizes, but does not require, disclosure by the county
interagency domestic violence death review team members of otherwise
confidential or privileged information regarding the victim or any other
information deemed relevant to members of that team, including the
attorney-client privilege, psychotherapist-client privilege, domestic
violence victim counselor privileged, and the sexual assault
victim-counselor privilege if the information is about a person who died
as a result of or was likely the result of domestic violence, a minor or
person convicted of causing a death in connection with domestic
violence. Penal Code § 11163.3 criminalizes the unapproved release of
information obtained by the team. Penal Code § 11163.6 requires that
data is collected and summarized to show the statistical occurrence of
all domestic violence deaths in the team's county that occur as a result
of domestic violence, or are related to domestic violence. Permits a
court in a criminal case to appoint a guardian ad litem to receive a
subpoena on behalf of a child.
SB 355 (Hughes) Community College & School District Peace
Officers Can Seek EPO’s
(Ch. 659, amending Family Code § 6240, Penal Code §§ 13519, 13700,
13710, 646.91, 12028.5; adding Family Code § 6250.5)
This bill adds Community College police officers or school district
police officers to the kinds of peace officers who can respond to
domestic violence calls and seek emergency protective orders.
SB 403 (Romero) Free Police Reports for Victims
(Ch. 1022, adding Family Code § 6228)
This law requires law enforcement agencies to give domestic violence
victims one free copy of any incident report involving domestic
violence. They must produce a copy of the face sheet within 48 hours and
the Entire incident report within 5 days of being requested.
SB 433 (Johnson) Custody Evaluators and Domestic Violence
Training
(Ch. 932, amending Family Code § 3111 and adding Family Code § 3110.5)
Revises provisions on child custody investigators to authorize a court
to appoint a child custody evaluator in contested custody/visitation
proceedings, and requires custody evaluators to have domestic violence
training as specified in Family Code § 1816 and Rules of Court 1257.3
and 1257.7.
SB 563 (Speier) Increased Penalties for Domestic Partner
Battery; Expansion of Persons Protected by Felony Domestic Violence
(Ch. 660, amending Penal Code §§243, 273.5)
Increases punishment for battery of domestic partners, Penal Code
§243(e), for repeat offenders. Expands persons protected by Penal Code
§273.5 (felony domestic violence) to include former spouses and
cohabitants.
SB 668 (Sher) Replacing UCCJA with the UCCJEA
(Ch. 876, adding § 3135 to, and repealing and adding Part 3, beginning
with § 3400 of Division 8 of the Family Code)
Replaces the Uniform Child Custody Jurisdiction Act with the Uniform
Child Custody Jurisdiction and Enforcement Act, which specifies the
procedures and requirements for California courts' jurisdiction over
child custody matters where the court of another state may have
jurisdiction. The UCCJEA provides a California Court exclusive
jurisdiction for making initial child custody determinations, permits a
California court to assume temporary, emergency jurisdiction in
specified cases, provides that the California court jurisdiction is
exclusive and continuous until specified events occur. It prohibits
modification of a custody decision made under the Act of the courts of
another state in the absence of specified determinations. It revises and
recasts the factors to be considered by the court in determining if it
is an inconvenient forum. It creates specified exceptions to the courts
right to decline to exercise its jurisdiction and authorizes the court,
if it declines to exercise jurisdiction, to fashion appropriate remedies
to ensure the child's safety and prevent a repetition of the
unjustifiable conduct. It does not govern adoption or authorization of
emergency medical care for a child proceedings. (PRACTICE TIP: The
UCCJEA requires that the first pleading in any case involving custody,
including petitions for restraining orders, include a list of all
addresses the child(ren) have lived in the past 5 years, and the names
and current addresses, unless unsafe, of the persons the child(ren)
lived with, as well as any past litigation concerning the child.)
SB 792 (Ortiz) – Limits on Ordering Supervised Visitation for
Parents Who Report Child Sexual Abuse
(Ch 985, adding Family Code §§ 3201 and 3027.5)
This law prevents a court from placing a parent on supervised
visitation, or denying or limiting their custody or visitation solely
because the parent lawfully reported suspected sexual abuse of the child
or took other actions with respect to suspected sexual abuse of the
child. The court is authorized to limit a parent's custody or visitation
rights if it finds substantial evidence that the parent made a false
report of suspected child sexual abuse, if that limitation would be in
the best interest of the child, and if the court has considered the
state's policy of assuring that children have frequent and continuing
contact with both parents. Any supervised visitation ordered by the
court shall be administered in accordance with § 26.2 of the California
Standards of Judicial Administration recommended by the Judicial
Council.
SB 874 (Escutia) – Family Law Centers
(Ch. 886, amending Family Code §§ 15010 and 15012)
This bill funds family law information centers in three (3) pilot
Project courts. The purpose of this program is to provide information to
unrepresented low-income family law litigants. The Judicial Council
administers this program. This bill appropriates $300,000.00 to the
Judicial Council for the support of family law information centers.
SB 1250 (Escutia) Restitution to include mental health therapy
expenses
(Ch. 121, amending Penal Code § 1202.4)
This bill specifies that mental health therapy expenses are included in
The specified expenses to be considered when determining the amount of
economic loss for purposes of imposing an order of restitution by a
victim of crime against the convicted perpetrator of the crime.
Compiled by:
Catherine Carroll, Family Violence Law Center
Meghan Crowell, Battered Women's Alternatives
Minouche Kandel, Bay Area Legal Aid
Heather Krause, Battered Women's Alternatives
Robin Runge, Domestic Violence & Employment Project, Legal Aid Society
of San Francisco - Employment Law Center
California Alliance Against Domestic Violence
926 J Street, Suite 1000
Sacramento, CA 95814
916-444-7163
916-444-7165 fax
http://www.caadv.org
Information obtained from the Support Network for Battered
Women
Intimate Partner Violence Home
For more information please call (213) 351-7888
