California Legislature—2015–16 Regular Session

Assembly BillNo. 494


Introduced by Assembly Member Maienschein

February 23, 2015


An act to amend Section 527.6 of the Code of Civil Procedure, and to amend Sections 213.5 and 15657.03 of the Welfare and Institutions Code, relating to civil procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 494, as introduced, Maienschein. Restraining orders: protection of animals.

Existing law authorizes the court to issue a restraining order or a protective order to enjoin a party from specified behavior, such as, among other things, enjoining a person from molesting, attacking, striking, threatening, sexually assaulting, battering, harassing, telephoning, destroying the personal property of, or contacting another person, upon the showing of good cause. Existing law authorizes the court to issue an ex parte order under specified circumstances related to the protection of a ward of the court.

This bill would additionally authorize the court to issue restraining orders or protective orders to enjoin a person to stay away from an animal or forbid a person from, among other things, threatening, harming, or otherwise disposing of an animal. The bill would authorize the court to issue an order granting a petitioner’s request for the exclusive care, possession, or control of an animal held by the petitioner or respondent if residing in the same household, as specified. The bill would make conforming changes to related provisions, including the provision relating to the protection of a ward of the court.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 527.6 of the Code of Civil Procedure is
2amended to read:

3

527.6.  

(a) (1) A person who has suffered harassment as
4defined in subdivision (b) may seek a temporary restraining order
5and an injunction prohibiting harassment as provided in this
6section.

7(2) A minor, under 12 years of age, accompanied by a duly
8appointed and acting guardian ad litem, shall be permitted to appear
9in court without counsel for the limited purpose of requesting or
10opposing a request for a temporary restraining order or injunction,
11or both, under this section as provided in Section 374.

12(b) For the purposes of this section:

13(1) “Course of conduct” is a pattern of conduct composed of a
14series of acts over a period of time, however short, evidencing a
15continuity of purpose, including following or stalking an individual,
16making harassing telephone calls to an individual, or sending
17harassing correspondence to an individual by any means, including,
18but not limited to, the use of public or private mails, interoffice
19mail, facsimile, or computer email. Constitutionally protected
20activity is not included within the meaning of “course of conduct.”

21(2) “Credible threat of violence” is a knowing and willful
22statement or course of conduct that would place a reasonable person
23in fear for his or her safety, or the safety of his or her immediate
24family, and that serves no legitimate purpose.

25(3) “Harassment” is unlawful violence, a credible threat of
26violence, or a knowing and willful course of conduct directed at
27a specific person that seriously alarms, annoys, or harasses the
28person, and that serves no legitimate purpose. The course of
29conduct must be such as would cause a reasonable person to suffer
30substantial emotional distress, and must actually cause substantial
31emotional distress to the petitioner.

32(4) “Petitioner” means the person to be protected by the
33temporary restraining order and injunction and, if the court grants
34the petition, the protected person.

P3    1(5) “Respondent” means the person against whom the temporary
2restraining order and injunction are sought and, if the petition is
3granted, the restrained person.

4(6) “Temporary restraining order” and “injunction” mean orders
5that include any of the following restraining orders, whether issued
6ex parte or after notice and hearing:

7(A) An order enjoining a party from harassing, intimidating,
8molesting, attacking, striking, stalking, threatening, sexually
9assaulting, battering, abusing, telephoning, including, but not
10limited to, making annoying telephone calls, as described in Section
11653m of the Penal Code, destroying personal property, contacting,
12either directly or indirectly, by mail or otherwise, or coming within
13a specified distance of, or disturbing the peace of, the petitioner.

begin insert

14(B) An order granting petitioner’s request for exclusive care,
15possession, or control of any animal or animals owned, possessed,
16leased, kept, or held by the petitioner or another person residing
17in the residence or household of the petitioner. The court may
18order the respondent to stay away from the animal or animals and
19forbid the respondent from taking, transferring, encumbering,
20concealing, molesting, attacking, striking, threatening, harming,
21or otherwise disposing of that animal or animals.

end insert
begin delete

22(B)

end delete

23begin insert(C)end insert An order enjoining a party from specified behavior that the
24court determines is necessary to effectuate orders described in
25subparagraph (A)begin insert or (B)end insert.

26(7) “Unlawful violence” is any assault or battery, or stalking as
27prohibited in Section 646.9 of the Penal Code, but shall not include
28lawful acts of self-defense or defense of others.

29(c) In the discretion of the court, on a showing of good cause,
30a temporary restraining order or injunction issued under this section
31may include other named family or household members.

32(d) Upon filing a petition for an injunction under this section,
33the petitioner may obtain a temporary restraining order in
34accordance with Section 527, except to the extent this section
35provides a rule that is inconsistent. The temporary restraining order
36may include any of the restraining orders described in paragraph
37(6) of subdivision (b). A temporary restraining order may be issued
38with or without notice, based on a declaration that, to the
39satisfaction of the court, shows reasonable proof of harassment of
P4    1the petitioner by the respondent, and that great or irreparable harm
2would result to the petitioner.

3(e) A request for the issuance of a temporary restraining order
4without notice under this section shall be granted or denied on the
5same day that the petition is submitted to the court, unless the
6petition is filed too late in the day to permit effective review, in
7which case the order shall be granted or denied on the next day of
8judicial business in sufficient time for the order to be filed that day
9with the clerk of the court.

10(f) A temporary restraining order issued under this section shall
11remain in effect, at the court’s discretion, for a period not to exceed
1221 days, or, if the court extends the time for hearing under
13subdivision (g), not to exceed 25 days, unless otherwise modified
14or terminated by the court.

15(g) Within 21 days, or, if good cause appears to the court, 25
16days from the date that a petition for a temporary order is granted
17or denied, a hearing shall be held on the petition for the injunction.
18If no request for temporary orders is made, the hearing shall be
19held within 21 days, or, if good cause appears to the court, 25 days,
20from the date that the petition is filed.

21(h) The respondent may file a response that explains, excuses,
22justifies, or denies the alleged harassment or may file a
23cross-petition under this section.

24(i) At the hearing, the judge shall receive any testimony that is
25relevant, and may make an independent inquiry. If the judge finds
26by clear and convincing evidence that unlawful harassment exists,
27an injunction shall issue prohibiting the harassment.

28(j) (1) In the discretion of the court, an order issued after notice
29and hearing under this section may have a duration of not more
30than five years, subject to termination or modification by further
31order of the court either on written stipulation filed with the court
32or on the motion of a party. The order may be renewed, upon the
33request of a party, for a duration of not more than five additional
34years, without a showing of any further harassment since the
35issuance of the original order, subject to termination or
36modification by further order of the court either on written
37stipulation filed with the court or on the motion of a party. A
38request for renewal may be brought at any time within the three
39months before the expiration of the order.

P5    1(2) The failure to state the expiration date on the face of the
2form creates an order with a duration of three years from the date
3of issuance.

4(3) If an action is filed for the purpose of terminating or
5modifying a protective order prior to the expiration date specified
6in the order by a party other than the protected party, the party
7who is protected by the order shall be given notice, pursuant to
8subdivision (b) of Section 1005, of the proceeding by personal
9service or, if the protected party has satisfied the requirements of
10Chapter 3.1 (commencing with Section 6205) of Division 7 of
11Title 1 of the Government Code, by service on the Secretary of
12State. If the party who is protected by the order cannot be notified
13prior to the hearing for modification or termination of the protective
14order, the court shall deny the motion to modify or terminate the
15order without prejudice or continue the hearing until the party who
16is protected can be properly noticed and may, upon a showing of
17good cause, specify another method for service of process that is
18reasonably designed to afford actual notice to the protected party.
19The protected party may waive his or her right to notice if he or
20she is physically present in court and does not challenge the
21sufficiency of the notice.

22(k) This section does not preclude either party from
23representation by private counsel or from appearing on the party’s
24own behalf.

25(l) In a proceeding under this section if there are allegations of
26unlawful violence or credible threats of violence, a support person
27may accompany a party in court and, if the party is not represented
28by an attorney, may sit with the party at the table that is generally
29reserved for the party and the party’s attorney. The support person
30is present to provide moral and emotional support for a person
31who alleges he or she is a victim of violence. The support person
32is not present as a legal adviser and may not provide legal advice.
33The support person may assist the person who alleges he or she is
34a victim of violence in feeling more confident that he or she will
35not be injured or threatened by the other party during the
36proceedings if the person who alleges he or she is a victim of
37violence and the other party are required to be present in close
38proximity. This subdivision does not preclude the court from
39exercising its discretion to remove the support person from the
P6    1courtroom if the court believes the support person is prompting,
2swaying, or influencing the party assisted by the support person.

3(m) Upon the filing of a petition for an injunction under this
4section, the respondent shall be personally served with a copy of
5the petition, temporary restraining order, if any, and notice of
6hearing of the petition. Service shall be made at least five days
7before the hearing. The court may for good cause, on motion of
8the petitioner or on its own motion, shorten the time for service
9on the respondent.

10(n) A notice of hearing under this section shall notify the
11respondent that if he or she does not attend the hearing, the court
12may make orders against him or her that could last up to three
13years.

14(o) (1) The court may, upon the filing of a declaration by the
15petitioner that the respondent could not be served within the time
16required by statute, reissue an order previously issued and dissolved
17by the court for failure to serve the respondent. The reissued order
18shall remain in effect until the date set for the hearing.

19(2) The reissued order shall state on its face the date of
20expiration of the order.

21(p) (1) If a respondent, named in a restraining order issued after
22a hearing, has not been served personally with the order but has
23received actual notice of the existence and substance of the order
24through personal appearance in court to hear the terms of the order
25from the court, no additional proof of service is required for
26enforcement of the order.

27(2) If the respondent named in a temporary restraining order is
28personally served with the order and notice of hearing with respect
29to a restraining order or protective order based on the temporary
30restraining order, but the respondent does not appear at the hearing,
31either personally or by an attorney, and the terms and conditions
32of the restraining order or protective order issued at the hearing
33are identical to the temporary restraining order, except for the
34duration of the order, then the restraining order or protective order
35issued at the hearing may be served on the respondent by first-class
36mail sent to the respondent at the most current address for the
37respondent available to the court.

38(3) The Judicial Council form for temporary orders issued
39pursuant to this subdivision shall contain a statement in
40substantially the following form:


P7    2“If you have been personally served with this temporary
3restraining order and notice of hearing, but you do not appear at
4the hearing either in person or by a lawyer, and a restraining order
5that is the same as this temporary restraining order except for the
6expiration date is issued at the hearing, a copy of the restraining
7order will be served on you by mail at the following address: ____.

8If that address is not correct or you wish to verify that the
9temporary restraining order was converted to a restraining order
10at the hearing without substantive change and to find out the
11duration of that order, contact the clerk of the court.”


13(q) (1) Information on any temporary restraining order or
14injunction relating to civil harassment issued by a court pursuant
15to this section shall be transmitted to the Department of Justice in
16accordance with either paragraph (2) or (3).

17(2) The court shall order the petitioner or the attorney for the
18petitioner to deliver a copy of an order issued under this section,
19or reissuance, extension, modification, or termination of the order,
20and any subsequent proof of service, by the close of the business
21day on which the order, reissuance, extension, modification, or
22termination was made, to a law enforcement agency having
23jurisdiction over the residence of the petitioner and to any
24additional law enforcement agencies within the court’s discretion
25as are requested by the petitioner.

26(3) Alternatively, the court or its designee shall transmit, within
27one business day, to law enforcement personnel all information
28required under subdivision (b) of Section 6380 of the Family Code
29regarding any order issued under this section, or a reissuance,
30extension, modification, or termination of the order, and any
31subsequent proof of service, by either one of the following
32methods:

33(A) Transmitting a physical copy of the order or proof of service
34to a local law enforcement agency authorized by the Department
35of Justice to enter orders into the California Law Enforcement
36Telecommunications System (CLETS).

37(B) With the approval of the Department of Justice, entering
38the order or proof of service into CLETS directly.

39(4) Each appropriate law enforcement agency shall make
40available information as to the existence and current status of these
P8    1orders to law enforcement officers responding to the scene of
2reported harassment.

3(5) An order issued under this section shall, on request of the
4petitioner, be served on the respondent, whether or not the
5respondent has been taken into custody, by any law enforcement
6officer who is present at the scene of reported harassment involving
7the parties to the proceeding. The petitioner shall provide the
8officer with an endorsed copy of the order and a proof of service
9that the officer shall complete and send to the issuing court.

10(6) Upon receiving information at the scene of an incident of
11harassment that a protective order has been issued under this
12section, or that a person who has been taken into custody is the
13subject of an order, if the protected person cannot produce a
14certified copy of the order, a law enforcement officer shall
15immediately attempt to verify the existence of the order.

16(7) If the law enforcement officer determines that a protective
17order has been issued, but not served, the officer shall immediately
18notify the respondent of the terms of the order and shall at that
19time also enforce the order. Verbal notice of the terms of the order
20shall constitute service of the order and is sufficient notice for the
21purposes of this section and for the purposes of Section 29825 of
22the Penal Code.

23(r) The prevailing party in any action brought under this section
24may be awarded court costs and attorney’s fees, if any.

25(s) Any willful disobedience of any temporary restraining order
26or injunction granted under this section is punishable pursuant to
27Section 273.6 of the Penal Code.

28(t) (1) A person subject to a protective order issued under this
29section shall not own, possess, purchase, receive, or attempt to
30purchase or receive a firearm or ammunition while the protective
31order is in effect.

32(2) The court shall order a person subject to a protective order
33issued under this section to relinquish any firearms he or she owns
34or possesses pursuant to Section 527.9.

35(3) Every person who owns, possesses, purchases, or receives,
36or attempts to purchase or receive, a firearm or ammunition while
37the protective order is in effect is punishable pursuant to Section
3829825 of the Penal Code.

39(u) This section does not apply to any action or proceeding
40covered by Title 1.6C (commencing with Section 1788) of Part 4
P9    1of Division 3 of the Civil Code or by Division 10 (commencing
2with Section 6200) of the Family Code. This section does not
3preclude a petitioner from using other existing civil remedies.

4(v) (1) The Judicial Council shall develop forms, instructions,
5and rules relating to matters governed by this section. The petition
6and response forms shall be simple and concise, and their use by
7parties in actions brought pursuant to this section shall be
8mandatory.

9(2) A temporary restraining order or injunction relating to civil
10harassment issued by a court pursuant to this section shall be issued
11on forms adopted by the Judicial Council of California and that
12have been approved by the Department of Justice pursuant to
13subdivision (i) of Section 6380 of the Family Code. However, the
14fact that an order issued by a court pursuant to this section was not
15issued on forms adopted by the Judicial Council and approved by
16the Department of Justice shall not, in and of itself, make the order
17unenforceable.

18(w) There is no filing fee for a petition that alleges that a person
19has inflicted or threatened violence against the petitioner, or stalked
20the petitioner, or acted or spoken in any other manner that has
21placed the petitioner in reasonable fear of violence, and that seeks
22a protective or restraining order or injunction restraining stalking
23or future violence or threats of violence, in any action brought
24pursuant to this section. No fee shall be paid for a subpoena filed
25in connection with a petition alleging these acts. No fee shall be
26paid for filing a response to a petition alleging these acts.

27(x) (1) Subject to paragraph (4) of subdivision (b) of Section
286103.2 of the Government Code, there shall be no fee for the
29service of process by a sheriff or marshal of a protective order,
30restraining order, or injunction to be issued, if either of the
31following conditions applies:

32(A) The protective order, restraining order, or injunction issued
33pursuant to this section is based upon stalking, as prohibited by
34Section 646.9 of the Penal Code.

35(B) The protective order, restraining order, or injunction issued
36pursuant to this section is based upon unlawful violence or a
37credible threat of violence.

38(2) The Judicial Council shall prepare and develop forms for
39persons who wish to avail themselves of the services described in
40this subdivision.

P10   1(y) This section shall become operative on July 1, 2014.

2

SEC. 2.  

Section 213.5 of the Welfare and Institutions Code is
3amended to read:

4

213.5.  

(a) After a petition has been filed pursuant to Section
5311 to declare a child a dependent child of the juvenile court, and
6until the time that the petition is dismissed or dependency is
7terminated, upon application in the manner provided by Section
8527 of the Code of Civil Procedure or in the manner provided by
9Section 6300 of the Family Code, if related to domestic violence,
10the juvenile court has exclusive jurisdiction to issue ex parte orders
11(1) enjoining any person from molesting, attacking, striking,
12stalking, threatening, sexually assaulting, battering, harassing,
13telephoning, including, but not limited to, making annoying
14telephone calls as described in Section 653m of the Penal Code,
15destroying the personal property, contacting, either directly or
16indirectly, by mail or otherwise, coming within a specified distance
17of, or disturbing the peace of the child or any other child in the
18household; and (2) excluding any person from the dwelling of the
19person who has care, custody, and control of the child. A court
20may also issue an ex parte order enjoining any person from
21molesting, attacking, striking, stalking, threatening, sexually
22assaulting, battering, harassing, telephoning, including, but not
23limited to, making annoying telephone calls as described in Section
24653m of the Penal Code, destroying the personal property,
25contacting, either directly or indirectly, by mail or otherwise,
26coming within a specified distance of, or disturbing the peace of
27any parent, legal guardian, or current caretaker of the child,
28regardless of whether the child resides with that parent, legal
29guardian, or current caretaker, upon application in the manner
30provided by Section 527 of the Code of Civil Procedure or, if
31related to domestic violence, in the manner provided by Section
326300 of the Family Code. A court may also issue an ex parte order
33 enjoining any person from molesting, attacking, striking, stalking,
34threatening, sexually assaulting, battering, harassing, telephoning,
35including, but not limited to, making annoying telephone calls as
36described in Section 653m of the Penal Code, destroying the
37personal property, contacting, either directly or indirectly, by mail
38or otherwise, coming within a specified distance of, or disturbing
39the peace of the child’s current or former social worker or court
P11   1appointed special advocate, upon application in the manner
2provided by Section 527 of the Code of Civil Procedure.

3(b) After a petition has been filed pursuant to Section 601 or
4602 to declare a child a ward of the juvenile court, and until the
5time that the petition is dismissed or wardship is terminated, upon
6application in the manner provided by Section 527 of the Code of
7Civil Procedure or, if related to domestic violence, in the manner
8provided by Section 6300 of the Family Code, the juvenile court
9may issue ex parte orders (1) enjoining any person from molesting,
10attacking, striking, stalking, threatening, sexually assaulting,
11battering, harassing, telephoning, including, but not limited to,
12making annoying telephone calls as described in Section 653m of
13the Penal Code, destroying the personal property, contacting, either
14directly or indirectly, by mail or otherwise, coming within a
15specified distance of, or disturbing the peace of the child or any
16other child in the household; (2) excluding any person from the
17dwelling of the person who has care, custody, and control of the
18child; or (3) enjoining the child from contacting, threatening,
19stalking, or disturbing the peace of any person the court finds to
20be at risk from the conduct of the child, or with whom association
21would be detrimental to the child. A court may also issue an ex
22parte order enjoining any person from molesting, attacking,
23striking, stalking, threatening, sexually assaulting, battering,
24harassing, telephoning, including, but not limited to, making
25annoying telephone calls as described in Section 653m of the Penal
26Code, destroying the personal property, contacting, either directly
27or indirectly, by mail or otherwise, coming within a specified
28distance of, or disturbing the peace of any parent, legal guardian,
29or current caretaker of the child, regardless of whether the child
30resides with that parent, legal guardian, or current caretaker, upon
31application in the manner provided by Section 527 of the Code of
32Civil Procedure or, if related to domestic violence, in the manner
33provided by Section 6300 of the Family Code. A court may also
34issue an ex parte order enjoining any person from molesting,
35attacking, striking, stalking, threatening, sexually assaulting,
36battering, harassing, telephoning, including, but not limited to,
37making annoying telephone calls as described in Section 653m of
38the Penal Code, destroying the personal property, contacting, either
39directly or indirectly, by mail or otherwise, coming within a
40 specified distance of, or disturbing the peace of the child’s current
P12   1or former probation officer or court appointed special advocate,
2upon application in the manner provided by Section 527 of the
3Code of Civil Procedure.begin insert A court may also issue an ex parte order
4enjoining any person from taking, transferring, encumbering,
5concealing, molesting, attacking, striking, threatening, harming,
6or otherwise disposing of any animal or animals owned, possessed,
7leased, kept, or held by any person protected in a restraining order
8issued under this section. A court may also order any person to
9stay away from and grant a request for exclusive care, possession,
10or control of that animal or animals.end insert

11(c) If a temporary restraining order is granted without notice,
12the matter shall be made returnable on an order requiring cause to
13be shown why the order should not be granted, on the earliest day
14that the business of the court will permit, but not later than 21 days
15or, if good cause appears to the court, 25 days from the date the
16temporary restraining order is granted. The court may, on the
17motion of the person seeking the restraining order, or on its own
18motion, shorten the time for service of the order to show cause on
19the person to be restrained. The court may, upon its own motion
20or the filing of a declaration by the person seeking the restraining
21order, find that the person to be restrained could not be served
22within the time required by law and reissue an order previously
23issued and dissolved by the court for failure to serve the person to
24be restrained. The reissued order shall remain in effect until the
25date set for the hearing. The reissued order shall state on its face
26the date of expiration of the order. Any hearing pursuant to this
27section may be held simultaneously with any regularly scheduled
28hearings held in proceedings to declare a child a dependent child
29or ward of the juvenile court pursuant to Section 300, 601, or 602,
30or subsequent hearings regarding the dependent child or ward.

31(d) (1) The juvenile court may issue, upon notice and a hearing,
32any of the orders set forth in subdivisions (a), (b), and (c). Any
33restraining order granted pursuant to this subdivision shall remain
34in effect, in the discretion of the court, no more than three years,
35unless otherwise terminated by the court, extended by mutual
36consent of all parties to the restraining order, or extended by further
37order of the court on the motion of any party to the restraining
38order.

39(2) If an action is filed for the purpose of terminating or
40modifying a protective order prior to the expiration date specified
P13   1in the order by a party other than the protected party, the party
2who is protected by the order shall be given notice, pursuant to
3subdivision (b) of Section 1005 of the Code of Civil Procedure,
4of the proceeding by personal service or, if the protected party has
5satisfied the requirements of Chapter 3.1 (commencing with
6Section 6205) of Division 7 of Title 1 of the Government Code,
7by service on the Secretary of State. If the party who is protected
8by the order cannot be notified prior to the hearing for modification
9or termination of the protective order, the juvenile court shall deny
10the motion to modify or terminate the order without prejudice or
11continue the hearing until the party who is protected can be
12properly noticed and may, upon a showing of good cause, specify
13another method for service of process that is reasonably designed
14to afford actual notice to the protected party. The protected party
15may waive his or her right to notice if he or she is physically
16present and does not challenge the sufficiency of the notice.

17(e) (1) The juvenile court may issue an order made pursuant to
18subdivision (a), (b), or (d) excluding a person from a residence or
19dwelling. This order may be issued for the time and on the
20conditions that the court determines, regardless of which party
21holds legal or equitable title or is the lessee of the residence or
22dwelling.

23(2) The court may issue an order under paragraph (1) only on
24a showing of all of the following:

25(A) Facts sufficient for the court to ascertain that the party who
26will stay in the dwelling has a right under color of law to possession
27of the premises.

28(B) That the party to be excluded has assaulted or threatens to
29assault the other party or any other person under the care, custody,
30and control of the other party, or any minor child of the parties or
31of the other party.

32(C) That physical or emotional harm would otherwise result to
33the other party, to any person under the care, custody, and control
34of the other party, or to any minor child of the parties or of the
35other party.

36(f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
37shall state on its face the date of expiration of the order.

38(g) All data with respect to a juvenile court protective order, or
39extension, modification, or termination thereof, granted pursuant
40to subdivision (a), (b), (c), or (d), shall be transmitted by the court
P14   1or its designee, within one business day, to law enforcement
2personnel by either one of the following methods:

3(1) Transmitting a physical copy of the order to a local law
4enforcement agency authorized by the Department of Justice to
5enter orders into the California Law Enforcement
6Telecommunications System (CLETS).

7(2) With the approval of the Department of Justice, entering the
8order into CLETS directly.

9(h) Any willful and knowing violation of any order granted
10pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
11punishable under Section 273.65 of the Penal Code.

12(i) A juvenile court restraining order related to domestic violence
13issued by a court pursuant to this section shall be issued on forms
14adopted by the Judicial Council of California and that have been
15approved by the Department of Justice pursuant to subdivision (i)
16of Section 6380 of the Family Code. However, the fact that an
17order issued by a court pursuant to this section was not issued on
18forms adopted by the Judicial Council and approved by the
19 Department of Justice shall not, in and of itself, make the order
20unenforceable.

21(j) (1) Prior to a hearing on the issuance or denial of an order
22under this part, a search shall be conducted as described in
23subdivision (a) of Section 6306 of the Family Code.

24(2) Prior to deciding whether to issue an order under this part,
25the court shall consider the following information obtained pursuant
26to a search conducted under paragraph (1): any conviction for a
27violent felony specified in Section 667.5 of the Penal Code or a
28serious felony specified in Section 1192.7 of the Penal Code; any
29misdemeanor conviction involving domestic violence, weapons,
30or other violence; any outstanding warrant; parole or probation
31status; any prior restraining order; and any violation of a prior
32restraining order.

33(3) (A) If the results of the search conducted pursuant to
34paragraph (1) indicate that an outstanding warrant exists against
35the subject of the search, the court shall order the clerk of the court
36to immediately notify, by the most effective means available,
37appropriate law enforcement officials of any information obtained
38through the search that the court determines is appropriate. The
39law enforcement officials notified shall take all actions necessary
P15   1to execute any outstanding warrants or any other actions, as
2appropriate and as soon as practicable.

3(B) If the results of the search conducted pursuant to paragraph
4(1) indicate that the subject of the search is currently on parole or
5probation, the court shall order the clerk of the court to immediately
6notify, by the most effective means available, the appropriate parole
7or probation officer of any information obtained through the search
8that the court determines is appropriate. The parole or probation
9officer notified shall take all actions necessary to revoke any parole
10or probation, or any other actions, with respect to the subject
11person, as appropriate and as soon as practicable.

12(k) Upon making any order for custody or visitation pursuant
13to this section, the court shall follow the procedures specified in
14subdivisions (c) and (d) of Section 6323 of the Family Code.

15

SEC. 3.  

Section 15657.03 of the Welfare and Institutions Code
16 is amended to read:

17

15657.03.  

(a) (1) An elder or dependent adult who has suffered
18abuse as defined in Section 15610.07 may seek protective orders
19as provided in this section.

20(2) A petition may be brought on behalf of an abused elder or
21dependent adult by a conservator or a trustee of the elder or
22dependent adult, an attorney-in-fact of an elder or dependent adult
23who acts within the authority of the power of attorney, a person
24appointed as a guardian ad litem for the elder or dependent adult,
25or other person legally authorized to seek such relief.

26(b) For the purposes of this section:

27(1) “Conservator” means the legally appointed conservator of
28the person or estate of the petitioner, or both.

29(2) “Petitioner” means the elder or dependent adult to be
30protected by the protective orders and, if the court grants the
31petition, the protected person.

32(3) “Protective order” means an order that includes any of the
33following restraining orders, whether issued ex parte, after notice
34and hearing, or in a judgment:

35(A) An order enjoining a party from abusing, intimidating,
36molesting, attacking, striking, stalking, threatening, sexually
37assaulting, battering, harassing, telephoning, including, but not
38limited to, making annoying telephone calls as described in Section
39653m of the Penal Code, destroying personal property, contacting,
40either directly or indirectly, by mail or otherwise, or coming within
P16   1a specified distance of, or disturbing the peace of, the petitioner,
2and, in the discretion of the court, on a showing of good cause, of
3other named family or household members or a conservator, if
4any, of the petitioner.

begin insert

5(B) An order granting petitioner’s request for exclusive care,
6possession, or control of any animal or animals owned, possessed,
7leased, kept, or held by the petitioner or another person residing
8in the residence or household of the petitioner. The court may
9order the respondent to stay away from the animal or animals and
10forbid the respondent from taking, transferring, encumbering,
11concealing, molesting, attacking, striking, threatening, harming,
12or otherwise disposing of that animal or animals.

end insert
begin delete

13(B)

end delete

14begin insert(C)end insert An order excluding a party from the petitioner’s residence
15or dwelling, except that this order shall not be issued if legal or
16equitable title to, or lease of, the residence or dwelling is in the
17sole name of the party to be excluded, or is in the name of the party
18to be excluded and any other party besides the petitioner.

begin delete

19(C)

end delete

20begin insert(D)end insert An order enjoining a party from specified behavior that the
21court determines is necessary to effectuate orders described in
22subparagraph (A)begin delete or end deletebegin insert,end insert(B)begin insert, or (C)end insert.

23(4) “Respondent” means the person against whom the protective
24orders are sought and, if the petition is granted, the restrained
25person.

26(c) An order may be issued under this section, with or without
27notice, to restrain any person for the purpose of preventing a
28recurrence of abuse, if a declaration shows, to the satisfaction of
29the court, reasonable proof of a past act or acts of abuse of the
30petitioning elder or dependent adult.

31(d) Upon filing a petition for protective orders under this section,
32the petitioner may obtain a temporary restraining order in
33accordance with Section 527 of the Code of Civil Procedure, except
34to the extent this section provides a rule that is inconsistent. The
35temporary restraining order may include any of the protective
36orders described in paragraph (3) of subdivision (b). However, the
37court may issue an ex parte order excluding a party from the
38petitioner’s residence or dwelling only on a showing of all of the
39following:

P17   1(1) Facts sufficient for the court to ascertain that the party who
2will stay in the dwelling has a right under color of law to possession
3of the premises.

4(2) That the party to be excluded has assaulted or threatens to
5assault the petitioner, other named family or household member
6of the petitioner, or a conservator of the petitioner.

7(3) That physical or emotional harm would otherwise result to
8the petitioner, other named family or household member of the
9petitioner, or a conservator of the petitioner.

10(e) A request for the issuance of a temporary restraining order
11without notice under this section shall be granted or denied on the
12same day that the petition is submitted to the court, unless the
13petition is filed too late in the day to permit effective review, in
14which case the order shall be granted or denied on the next day of
15judicial business in sufficient time for the order to be filed that day
16with the clerk of the court.

17(f) Within 21 days, or, if good cause appears to the court, 25
18days, from the date that a request for a temporary restraining order
19is granted or denied, a hearing shall be held on the petition. If no
20request for temporary orders is made, the hearing shall be held
21within 21 days, or, if good cause appears to the court, 25 days,
22from the date that the petition is filed.

23(g) The respondent may file a response that explains or denies
24the alleged abuse.

25(h) The court may issue, upon notice and a hearing, any of the
26orders set forth in paragraph (3) of subdivision (b). The court may
27issue, after notice and hearing, an order excluding a person from
28a residence or dwelling if the court finds that physical or emotional
29harm would otherwise result to the petitioner, other named family
30or household member of the petitioner, or conservator of the
31petitioner.

32(i) (1) In the discretion of the court, an order issued after notice
33and a hearing under this section may have a duration of not more
34than five years, subject to termination or modification by further
35order of the court either on written stipulation filed with the court
36or on the motion of a party. These orders may be renewed upon
37the request of a party, either for five years or permanently, without
38a showing of any further abuse since the issuance of the original
39order, subject to termination or modification by further order of
40the court either on written stipulation filed with the court or on the
P18   1motion of a party. The request for renewal may be brought at any
2time within the three months before the expiration of the order.

3(2) The failure to state the expiration date on the face of the
4form creates an order with a duration of three years from the date
5of issuance.

6(3) If an action is filed for the purpose of terminating or
7modifying a protective order prior to the expiration date specified
8in the order by a party other than the protected party, the party
9who is protected by the order shall be given notice, pursuant to
10subdivision (b) of Section 1005 of the Code of Civil Procedure,
11of the proceeding by personal service or, if the protected party has
12satisfied the requirements of Chapter 3.1 (commencing with
13Section 6205) of Division 7 of Title 1 of the Government Code,
14by service on the Secretary of State. If the party who is protected
15by the order cannot be notified prior to the hearing for modification
16or termination of the protective order, the court shall deny the
17motion to modify or terminate the order without prejudice or
18continue the hearing until the party who is protected can be
19properly noticed and may, upon a showing of good cause, specify
20another method for service of process that is reasonably designed
21to afford actual notice to the protected party. The protected party
22may waive his or her right to notice if he or she is physically
23present in court and does not challenge the sufficiency of the notice.

24(j) In a proceeding under this section, a support person may
25accompany a party in court and, if the party is not represented by
26an attorney, may sit with the party at the table that is generally
27reserved for the party and the party’s attorney. The support person
28is present to provide moral and emotional support for a person
29who alleges he or she is a victim of abuse. The support person is
30not present as a legal adviser and may not provide legal advice.
31The support person may assist the person who alleges he or she is
32a victim of abuse in feeling more confident that he or she will not
33be injured or threatened by the other party during the proceedings
34if the person who alleges he or she is a victim of abuse and the
35other party are required to be present in close proximity. This
36subdivision does not preclude the court from exercising its
37discretion to remove the support person from the courtroom if the
38court believes the support person is prompting, swaying, or
39influencing the party assisted by the support person.

P19   1(k) Upon the filing of a petition for protective orders under this
2section, the respondent shall be personally served with a copy of
3the petition, notice of the hearing or order to show cause, temporary
4restraining order, if any, and any declarations in support of the
5 petition. Service shall be made at least five days before the hearing.
6The court may, on motion of the petitioner or on its own motion,
7shorten the time for service on the respondent.

8(l) A notice of hearing under this section shall notify the
9respondent that if he or she does not attend the hearing, the court
10may make orders against him or her that could last up to five years.

11(m) (1) The court may, upon the filing of a declaration by the
12petitioner that the respondent could not be served within the time
13required by statute, reissue an order previously issued and dissolved
14by the court for failure to serve the respondent. The reissued order
15shall remain in effect until the date set for the hearing.

16(2) The reissued order shall state on its face the date of
17expiration of the order.

18(n) (1) If a respondent, named in an order issued under this
19section after a hearing, has not been served personally with the
20order but has received actual notice of the existence and substance
21of the order through personal appearance in court to hear the terms
22of the order from the court, no additional proof of service is
23required for enforcement of the order.

24(2) If the respondent named in a temporary restraining order is
25personally served with the order and notice of hearing with respect
26to a restraining order or protective order based on the temporary
27restraining order, but the respondent does not appear at the hearing,
28either personally or by an attorney, and the terms and conditions
29of the restraining order or protective order issued at the hearing
30are identical to the temporary restraining order, except for the
31duration of the order, then the restraining order or protective order
32issued at the hearing may be served on the respondent by first-class
33mail sent to the respondent at the most current address for the
34respondent that is available to the court.

35(3) The Judicial Council form for temporary orders issued
36pursuant to this subdivision shall contain a statement in
37substantially the following form:


39“If you have been personally served with a temporary restraining
40order and notice of hearing, but you do not appear at the hearing
P20   1either in person or by a lawyer, and a restraining order that is the
2same as this temporary restraining order except for the expiration
3date is issued at the hearing, a copy of the order will be served on
4you by mail at the following address: ____.

5If that address is not correct or you wish to verify that the
6temporary restraining order was converted to a restraining order
7at the hearing without substantive change and to find out the
8duration of that order, contact the clerk of the court.”


10(o) (1) Information on any protective order relating to elder or
11dependent adult abuse issued by a court pursuant to this section
12shall be transmitted to the Department of Justice in accordance
13with either paragraph (2) or (3).

14(2) The court shall order the petitioner or the attorney for the
15petitioner to deliver a copy of an order issued under this section,
16or a reissuance, extension, modification, or termination of the
17order, and any subsequent proof of service, by the close of the
18business day on which the order, reissuance, extension,
19modification, or termination was made, to each law enforcement
20agency having jurisdiction over the residence of the petitioner, and
21 to any additional law enforcement agencies within the court’s
22discretion as are requested by the petitioner.

23(3) Alternatively, the court or its designee shall transmit, within
24one business day, to law enforcement personnel all information
25required under subdivision (b) of Section 6380 of the Family Code
26regarding any order issued under this section, or a reissuance,
27extension, modification, or termination of the order, and any
28subsequent proof of service, by either one of the following
29methods:

30(A) Transmitting a physical copy of the order or proof of service
31to a local law enforcement agency authorized by the Department
32of Justice to enter orders into the California Law Enforcement
33Telecommunications System (CLETS).

34(B) With the approval of the Department of Justice, entering
35the order or proof of service into CLETS directly.

36(4) Each appropriate law enforcement agency shall make
37available information as to the existence and current status of these
38orders to law enforcement officers responding to the scene of
39reported abuse.

P21   1(5) An order issued under this section shall, on request of the
2petitioner, be served on the respondent, whether or not the
3respondent has been taken into custody, by any law enforcement
4officer who is present at the scene of reported abuse involving the
5parties to the proceeding. The petitioner shall provide the officer
6with an endorsed copy of the order and a proof of service, which
7the officer shall complete and send to the issuing court.

8(6) Upon receiving information at the scene of an incident of
9abuse that a protective order has been issued under this section,
10or that a person who has been taken into custody is the respondent
11to that order, if the protected person cannot produce an endorsed
12copy of the order, a law enforcement officer shall immediately
13attempt to verify the existence of the order.

14(7) If the law enforcement officer determines that a protective
15order has been issued, but not served, the officer shall immediately
16notify the respondent of the terms of the order and where a written
17copy of the order can be obtained, and the officer shall at that time
18also enforce the order. The law enforcement officer’s verbal notice
19of the terms of the order shall constitute service of the order and
20is sufficient notice for the purposes of this section and for the
21purposes of Section 273.6 of the Penal Code.

22(p) Nothing in this section shall preclude either party from
23representation by private counsel or from appearing on the party’s
24own behalf.

25(q) There is no filing fee for a petition, response, or paper
26seeking the reissuance, modification, or enforcement of a protective
27order filed in a proceeding brought pursuant to this section.

28(r) Pursuant to paragraph (4) of subdivision (b) of Section 6103.2
29of the Government Code, a petitioner shall not be required to pay
30a fee for law enforcement to serve an order issued under this
31section.

32(s) The prevailing party in any action brought under this section
33may be awarded court costs and attorney’s fees, if any.

34(t) (1) A person subject to a protective order under this section
35shall not own, possess, purchase, receive, or attempt to receive a
36firearm or ammunition while the protective order is in effect.

37(2) The court shall order a person subject to a protective order
38issued under this section to relinquish any firearms he or she owns
39or possesses pursuant to Section 527.9 of the Code of Civil
40Procedure.

P22   1(3) Every person who owns, possesses, purchases, or receives,
2or attempts to purchase or receive a firearm or ammunition while
3subject to a protective order issued under this section is punishable
4pursuant to Section 29825 of the Penal Code.

5(4) This subdivision shall not apply in a case in which the
6protective order issued under this section was made solely on the
7basis of financial abuse unaccompanied by force, threat,
8harassment, intimidation, or any other form of abuse.

9(u) Any willful disobedience of any temporary restraining order
10or restraining order after hearing granted under this section is
11punishable pursuant to Section 273.6 of the Penal Code.

12(v) This section does not apply to any action or proceeding
13governed by Title 1.6C (commencing with Section 1788) of Part
144 of Division 3 of the Civil Code, by Chapter 3 (commencing with
15Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
16or by Division 10 (commencing with Section 6200) of the Family
17Code. Nothing in this section shall preclude a petitioner’s right to
18use other existing civil remedies.

19(w) The Judicial Council shall develop forms, instructions, and
20rules relating to matters governed by this section. The petition and
21response forms shall be simple and concise, and their use by parties
22in actions brought pursuant to this section shall be mandatory.



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