AB 439, as introduced, Bloom. Protective orders: batterer’s program.
Existing law authorizes a court to issue an order to restrain any person in order to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence. Existing law further authorizes a court to, after notice and hearing, issue an order requiring the restrained party to participate in a batterer’s program, as specified.
This bill would, commencing July 1, 2016, require a restrained party ordered to participate in a batterer’s program to register for the program by a specified deadline and to, upon enrollment, sign all necessary program consent forms for the program to release specified documents, including proof of enrollment, to the court and the protected party or his or her attorney. The bill would require the Judicial Council to amend the existing restraining order forms or develop a new form for use by courts that includes these requirements.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 6343 of the Family Code is amended to
(a) After notice and a hearing, the court may issue an
4order requiring the restrained party to participate in a batterer’s
5program approved by the probation department as provided in
6Section 1203.097 of the Penal Code.
26 The courts shall, in consultation with local domestic violence
27shelters and programs, develop a resource list of referrals to
28appropriate community domestic violence programs and services
29to be provided to each applicant for an order under this section.