Amended in Senate March 19, 2015

Senate BillNo. 196


Introduced by Senator Hancock

begin insert

(Coauthor: Senator Stone)

end insert

February 10, 2015


An act to amendbegin delete Sectionend deletebegin insert, repeal, and add Sections 15610.07 andend insert 15657.03 of the Welfare and Institutions Code, relating to elder abuse.

LEGISLATIVE COUNSEL’S DIGEST

SB 196, as amended, Hancock. Elder abuse: protective orders.

Existing law authorizes a court to issue a protective order to restrain any person for the purpose of preventing the abuse of an elder or dependent adult,begin delete as specifiedend deletebegin insert including financial abuseend insert. Under existing law, certain persons are authorized to file a petition for these protective orders on behalf of the elder or dependent adult, including a conservator or trustee, an attorney-in-fact, a person appointed as a guardian ad litem, or other person legally authorized to seek the order.

This bill wouldbegin insert, commencing July 1, 2016,end insert additionally authorize a county adult protective services agency to file a petition for a protective order on behalf of an elder or dependent adult if the elder or dependent adult has been identified as lacking capacity and a conservatorship is being sought.begin insert The bill would also recast and clarify the definition of “abuse.”end insert

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 15610.07 of the end insertbegin insertWelfare and Institutions
2Code
end insert
begin insert is amended to read:end insert

3

15610.07.  

“Abuse of an elder or a dependent adult” means
4either of the following:

5(a) Physical abuse, neglect, financial abuse, abandonment,
6isolation, abduction, or other treatment with resulting physical
7harm or pain or mental suffering.

8(b) The deprivation by a care custodian of goods or services
9that are necessary to avoid physical harm or mental suffering.

begin insert

10(c) This section shall become inoperative on July 1, 2016, and,
11as of January 1, 2017, is repealed, unless a later enacted statute,
12that becomes operative on or before January 1, 2017, deletes or
13extends the dates on which it becomes inoperative and is repealed.

end insert
14begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 15610.07 is added to the end insertbegin insertWelfare and
15Institutions Code
end insert
begin insert, to read:end insert

begin insert
16

begin insert15610.07.end insert  

“Abuse of an elder or a dependent adult” means
17any of the following:

18(a) Physical abuse, neglect, abandonment, isolation, abduction,
19or other treatment with resulting physical harm or pain or mental
20suffering.

21(b) The deprivation by a care custodian of goods or services
22that are necessary to avoid physical harm or mental suffering.

23(c) Financial abuse, as defined in Section 15610.30.

24(d) This section shall become operative on July 1, 2016.

end insert
25begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 15657.03 of the end insertbegin insertWelfare and Institutions Codeend insert
26begin insert is amended to read:end insert

27

15657.03.  

(a) (1) An elder or dependent adult who has suffered
28abuse as defined in Section 15610.07 may seek protective orders
29as provided in this section.

30(2) A petition may be brought on behalf of an abused elder or
31dependent adult by a conservator or a trustee of the elder or
32dependent adult, an attorney-in-fact of an elder or dependent adult
33who acts within the authority of the power of attorney, a person
34appointed as a guardian ad litem for the elder or dependent adult,
35or other person legally authorized to seek such relief.

36(b) For the purposes of this section:

37(1) “Conservator” means the legally appointed conservator of
38the person or estate of the petitioner, or both.

P3    1(2) “Petitioner” means the elder or dependent adult to be
2protected by the protective orders and, if the court grants the
3petition, the protected person.

4(3) “Protective order” means an order that includes any of the
5following restraining orders, whether issued ex parte, after notice
6and hearing, or in a judgment:

7(A) An order enjoining a party from abusing, intimidating,
8molesting, attacking, striking, stalking, threatening, sexually
9assaulting, battering, harassing, 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,
14and, in the discretion of the court, on a showing of good cause, of
15other named family or household members or a conservator, if
16any, of the petitioner.

17(B) An order excluding a party from the petitioner’s residence
18or dwelling, except that this order shall not be issued if legal or
19equitable title to, or lease of, the residence or dwelling is in the
20sole name of the party to be excluded, or is in the name of the party
21to be excluded and any other party besides the petitioner.

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

25(4) “Respondent” means the person against whom the protective
26orders are sought and, if the petition is granted, the restrained
27person.

28(c) An order may be issued under this section, with or without
29notice, to restrain any person for the purpose of preventing a
30recurrence of abuse, if a declaration shows, to the satisfaction of
31the court, reasonable proof of a past act or acts of abuse of the
32petitioning elder or dependent adult.

33(d) Upon filing a petition for protective orders under this section,
34the petitioner may obtain a temporary restraining order in
35accordance with Section 527 of the Code of Civil Procedure, except
36to the extent this section provides a rule that is inconsistent. The
37temporary restraining order may include any of the protective
38orders described in paragraph (3) of subdivision (b). However, the
39court may issue an ex parte order excluding a party from the
P4    1petitioner’s residence or dwelling only on a showing of all of the
2following:

3(1) Facts sufficient for the court to ascertain that the party who
4will stay in the dwelling has a right under color of law to possession
5of the premises.

6(2) That the party to be excluded has assaulted or threatens to
7assault the petitioner, other named family or household member
8of the petitioner, or a conservator of the petitioner.

9(3) That physical or emotional harm would otherwise result to
10the petitioner, other named family or household member of the
11petitioner, or a conservator of the petitioner.

12(e) A request for the issuance of a temporary restraining order
13without notice under this section shall be granted or denied on the
14same day that the petition is submitted to the court, unless the
15petition is filed too late in the day to permit effective review, in
16which case the order shall be granted or denied on the next day of
17judicial business in sufficient time for the order to be filed that day
18with the clerk of the court.

19(f) Within 21 days, or, if good cause appears to the court, 25
20days, from the date that a request for a temporary restraining order
21is granted or denied, a hearing shall be held on the petition. If no
22request for temporary orders is made, the hearing shall be held
23within 21 days, or, if good cause appears to the court, 25 days,
24from the date that the petition is filed.

25(g) The respondent may file a response that explains or denies
26the alleged abuse.

27(h) The court may issue, upon notice and a hearing, any of the
28orders set forth in paragraph (3) of subdivision (b). The court may
29issue, after notice and hearing, an order excluding a person from
30a residence or dwelling if the court finds that physical or emotional
31harm would otherwise result to the petitioner, other named family
32or household member of the petitioner, or conservator of the
33petitioner.

34(i) (1) In the discretion of the court, an order issued after notice
35and a hearing under this section may have a duration of not more
36than five years, subject to termination or modification by further
37order of the court either on written stipulation filed with the court
38or on the motion of a party. These orders may be renewed upon
39the request of a party, either for five years or permanently, without
40a showing of any further abuse since the issuance of the original
P5    1order, subject to termination or modification by further order of
2the court either on written stipulation filed with the court or on the
3motion of a party. The request for renewal may be brought at any
4time within the three months before the expiration of the order.

5(2) The failure to state the expiration date on the face of the
6form creates an order with a duration of three years from the date
7of issuance.

8(3) If an action is filed for the purpose of terminating or
9modifying a protective order prior to the expiration date specified
10in the order by a party other than the protected party, the party
11who is protected by the order shall be given notice, pursuant to
12subdivision (b) of Section 1005 of the Code of Civil Procedure,
13of the proceeding by personal service or, if the protected party has
14satisfied the requirements of Chapter 3.1 (commencing with
15Section 6205) of Division 7 of Title 1 of the Government Code,
16by service on the Secretary of State. If the party who is protected
17by the order cannot be notified prior to the hearing for modification
18or termination of the protective order, the court shall deny the
19motion to modify or terminate the order without prejudice or
20continue the hearing until the party who is protected can be
21properly noticed and may, upon a showing of good cause, specify
22another method for service of process that is reasonably designed
23to afford actual notice to the protected party. The protected party
24may waive his or her right to notice if he or she is physically
25present in court and does not challenge the sufficiency of the notice.

26(j) In a proceeding under this section, a support person may
27accompany a party in court and, if the party is not represented by
28an 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 abuse. The support person is
32not 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 abuse in feeling more confident that he or she will not
35be injured or threatened by the other party during the proceedings
36if the person who alleges he or she is a victim of abuse and the
37other party are required to be present in close proximity. This
38subdivision does not preclude the court from exercising its
39discretion to remove the support person from the courtroom if the
P6    1court believes the support person is prompting, swaying, or
2influencing the party assisted by the support person.

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

10(l) 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 five years.

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

18(2) The reissued order shall state on its face the date of
19expiration of the order.

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

26(2) If the respondent named in a temporary restraining order is
27personally served with the order and notice of hearing with respect
28to a restraining order or protective order based on the temporary
29restraining order, but the respondent does not appear at the hearing,
30either personally or by an attorney, and the terms and conditions
31of the restraining order or protective order issued at the hearing
32are identical to the temporary restraining order, except for the
33duration of the order, then the restraining order or protective order
34issued at the hearing may be served on the respondent by first-class
35mail sent to the respondent at the most current address for the
36respondent that is available to the court.

37(3) The Judicial Council form for temporary orders issued
38pursuant to this subdivision shall contain a statement in
39substantially the following form:


P7    1“If you have been personally served with a temporary restraining
2order and notice of hearing, but you do not appear at the hearing
3either in person or by a lawyer, and a restraining order that is the
4same as this temporary restraining order except for the expiration
5date is issued at the hearing, a copy of the order will be served on
6you by mail at the following address: ____.

7If that address is not correct or you wish to verify that the
8temporary restraining order was converted to a restraining order
9at the hearing without substantive change and to find out the
10duration of that order, contact the clerk of the court.”


12(o) (1) Information on any protective order relating to elder or
13dependent adult abuse issued by a court pursuant to this section
14shall be transmitted to the Department of Justice in accordance
15with either paragraph (2) or (3).

16(2) The court shall order the petitioner or the attorney for the
17petitioner to deliver a copy of an order issued under this section,
18or a reissuance, extension, modification, or termination of the
19order, and any subsequent proof of service, by the close of the
20business day on which the order, reissuance, extension,
21modification, or termination was made, to each law enforcement
22agency having jurisdiction over the residence of the petitioner, and
23to any additional law enforcement agencies within the court’s
24discretion as are requested by the petitioner.

25(3) Alternatively, the court or its designee shall transmit, within
26one business day, to law enforcement personnel all information
27required under subdivision (b) of Section 6380 of the Family Code
28regarding any order issued under this section, or a reissuance,
29extension, modification, or termination of the order, and any
30subsequent proof of service, by either one of the following
31methods:

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

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

38(4) Each appropriate law enforcement agency shall make
39available information as to the existence and current status of these
P8    1orders to law enforcement officers responding to the scene of
2reported abuse.

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 abuse involving the
7parties to the proceeding. The petitioner shall provide the officer
8with an endorsed copy of the order and a proof of service, which
9the officer shall complete and send to the issuing court.

10(6) Upon receiving information at the scene of an incident of
11abuse that a protective order has been issued under this section,
12or that a person who has been taken into custody is the respondent
13to that order, if the protected person cannot produce an endorsed
14copy of the order, a law enforcement officer shall immediately
15attempt 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 where a written
19copy of the order can be obtained, and the officer shall at that time
20also enforce the order. The law enforcement officer’s verbal notice
21of the terms of the order shall constitute service of the order and
22is sufficient notice for the purposes of this section and for the
23purposes of Section 273.6 of the Penal Code.

24(p) Nothing in this section shall preclude either party from
25representation by private counsel or from appearing on the party’s
26own behalf.

27(q) There is no filing fee for a petition, response, or paper
28seeking the reissuance, modification, or enforcement of a protective
29order filed in a proceeding brought pursuant to this section.

30(r) Pursuant to paragraph (4) of subdivision (b) of Section 6103.2
31of the Government Code, a petitioner shall not be required to pay
32a fee for law enforcement to serve an order issued under this
33section.

34(s) The prevailing party in any action brought under this section
35may be awarded court costs and attorney’s fees, if any.

36(t) (1) A person subject to a protective order under this section
37shall not own, possess, purchase, receive, or attempt to receive a
38firearm or ammunition while the protective order is in effect.

39(2) The court shall order a person subject to a protective order
40issued under this section to relinquish any firearms he or she owns
P9    1or possesses pursuant to Section 527.9 of the Code of Civil
2Procedure.

3(3) Every person who owns, possesses, purchases, or receives,
4or attempts to purchase or receive a firearm or ammunition while
5subject to a protective order issued under this section is punishable
6pursuant to Section 29825 of the Penal Code.

7(4) This subdivision shall not apply in a case in which the
8protective order issued under this section was made solely on the
9basis of financial abuse unaccompanied by force, threat,
10harassment, intimidation, or any other form of abuse.

11(u) Any willful disobedience of any temporary restraining order
12or restraining order after hearing granted under this section is
13punishable pursuant to Section 273.6 of the Penal Code.

14(v) This section does not apply to any action or proceeding
15governed by Title 1.6C (commencing with Section 1788) of Part
164 of Division 3 of the Civil Code,begin delete byend delete Chapter 3 (commencing with
17Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
18orbegin delete byend delete Division 10 (commencing with Section 6200) of the Family
19Code. Nothing in this section shall preclude a petitioner’s right to
20use other existing civil remedies.

21(w) The Judicial Council shall develop forms, instructions, and
22rules relating to matters governed by this section. The petition and
23response forms shall be simple and concise, and their use by parties
24in actions brought pursuant to this section shall be mandatory.

begin insert

25(x) This section shall become inoperative on July 1, 2016, and,
26as of January 1, 2017, is repealed, unless a later enacted statute,
27that becomes operative on or before January 1, 2017, deletes or
28extends the dates on which it becomes inoperative and is repealed.

end insert
29begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 15657.03 is added to the end insertbegin insertWelfare and
30Institutions Code
end insert
begin insert, to read:end insert

begin insert
31

begin insert15657.03.end insert  

(a) (1) An elder or dependent adult who has
32suffered abuse may seek protective orders as provided in this
33section.

34(2) A petition may be brought on behalf of an abused elder or
35dependent adult by a conservator or a trustee of the elder or
36dependent adult, a county adult protective services agency in a
37case in which an elder or dependent adult has been identified as
38lacking capacity and a conservatorship is being sought, an
39attorney-in-fact of an elder or dependent adult who acts within
40the authority of the power of attorney, a person appointed as a
P10   1guardian ad litem for the elder or dependent adult, or other person
2legally authorized to seek the relief.

3(b) For the purposes of this section:

4(1) “Abuse” has the meaning set forth in Section 15610.07.

5(2) “Conservator” means the legally appointed conservator of
6the person or estate of the petitioner, or both.

7(3) “Petitioner” means the elder or dependent adult to be
8protected by the protective orders and, if the court grants the
9petition, the protected person.

10(4) “Protective order” means an order that includes any of the
11following restraining orders, whether issued ex parte, after notice
12and hearing, or in a judgment:

13(A) An order enjoining a party from abusing, intimidating,
14molesting, attacking, striking, stalking, threatening, sexually
15assaulting, battering, harassing, telephoning, including, but not
16limited to, making annoying telephone calls as described in Section
17653m of the Penal Code, destroying personal property, contacting,
18either directly or indirectly, by mail or otherwise, or coming within
19a specified distance of, or disturbing the peace of, the petitioner,
20and, in the discretion of the court, on a showing of good cause, of
21other named family or household members or a conservator, if
22any, of the petitioner.

23(B) An order excluding a party from the petitioner’s residence
24or dwelling, except that this order shall not be issued if legal or
25equitable title to, or lease of, the residence or dwelling is in the
26sole name of the party to be excluded, or is in the name of the party
27to be excluded and any other party besides the petitioner.

28(C) An order enjoining a party from specified behavior that the
29court determines is necessary to effectuate orders described in
30subparagraph (A) or (B).

31(5) “Respondent” means the person against whom the protective
32orders are sought and, if the petition is granted, the restrained
33person.

34(c) An order may be issued under this section, with or without
35notice, to restrain any person for the purpose of preventing a
36recurrence of abuse, if a declaration shows, to the satisfaction of
37the court, reasonable proof of a past act or acts of abuse of the
38petitioning elder or dependent adult.

39(d) Upon filing a petition for protective orders under this
40section, the petitioner may obtain a temporary restraining order
P11   1in accordance with Section 527 of the Code of Civil Procedure,
2except to the extent this section provides a rule that is inconsistent.
3The temporary restraining order may include any of the protective
4orders described in paragraph (4) of subdivision (b). However,
5the court may issue an ex parte order excluding a party from the
6petitioner’s residence or dwelling only on a showing of all of the
7following:

8(1) Facts sufficient for the court to ascertain that the party who
9will stay in the dwelling has a right under color of law to
10possession of the premises.

11(2) That the party to be excluded has assaulted or threatens to
12assault the petitioner, other named family or household member
13of the petitioner, or a conservator of the petitioner.

14(3) That physical or emotional harm would otherwise result to
15the petitioner, other named family or household member of the
16petitioner, or a conservator of the petitioner.

17(e) A request for the issuance of a temporary restraining order
18without notice under this section shall be granted or denied on the
19same day that the petition is submitted to the court, unless the
20petition is filed too late in the day to permit effective review, in
21which case the order shall be granted or denied on the next day
22of judicial business in sufficient time for the order to be filed that
23day with the clerk of the court.

24(f) Within 21 days, or, if good cause appears to the court, 25
25days, from the date that a request for a temporary restraining
26order is granted or denied, a hearing shall be held on the petition.
27If no request for temporary orders is made, the hearing shall be
28held within 21 days, or, if good cause appears to the court, 25
29days, from the date that the petition is filed.

30(g) The respondent may file a response that explains or denies
31the alleged abuse.

32(h) The court may issue, upon notice and a hearing, any of the
33orders set forth in paragraph (4) of subdivision (b). The court may
34issue, after notice and hearing, an order excluding a person from
35a residence or dwelling if the court finds that physical or emotional
36harm would otherwise result to the petitioner, other named family
37or household member of the petitioner, or conservator of the
38petitioner.

39(i) (1) In the discretion of the court, an order issued after notice
40and a hearing under this section may have a duration of not more
P12   1than five years, subject to termination or modification by further
2order of the court either on written stipulation filed with the court
3or on the motion of a party. These orders may be renewed upon
4the request of a party, either for five years or permanently, without
5a showing of any further abuse since the issuance of the original
6order, subject to termination or modification by further order of
7the court either on written stipulation filed with the court or on
8the motion of a party. The request for renewal may be brought at
9any time within the three months before the expiration of the order.

10(2) The failure to state the expiration date on the face of the
11form creates an order with a duration of three years from the date
12of issuance.

13(3) If an action is filed for the purpose of terminating or
14modifying a protective order prior to the expiration date specified
15in the order by a party other than the protected party, the party
16who is protected by the order shall be given notice, pursuant to
17subdivision (b) of Section 1005 of the Code of Civil Procedure, of
18the proceeding by personal service or, if the protected party has
19satisfied the requirements of Chapter 3.1 (commencing with Section
206205) of Division 7 of Title 1 of the Government Code, by service
21on the Secretary of State. If the party who is protected by the order
22cannot be notified prior to the hearing for modification or
23termination of the protective order, the court shall deny the motion
24to modify or terminate the order without prejudice or continue the
25hearing until the party who is protected can be properly noticed
26and may, upon a showing of good cause, specify another method
27for service of process that is reasonably designed to afford actual
28notice to the protected party. The protected party may waive his
29or her right to notice if he or she is physically present in court and
30does not challenge the sufficiency of the notice.

31(j) In a proceeding under this section, a support person may
32accompany a party in court and, if the party is not represented by
33an attorney, may sit with the party at the table that is generally
34reserved for the party and the party’s attorney. The support person
35is present to provide moral and emotional support for a person
36who alleges he or she is a victim of abuse. The support person is
37not present as a legal adviser and may not provide legal advice.
38The support person may assist the person who alleges he or she
39is a victim of abuse in feeling more confident that he or she will
40not be injured or threatened by the other party during the
P13   1proceedings if the person who alleges he or she is a victim of abuse
2and the other party are required to be present in close proximity.
3This subdivision does not preclude the court from exercising its
4discretion to remove the support person from the courtroom if the
5court believes the support person is prompting, swaying, or
6influencing the party assisted by the support person.

7(k) Upon the filing of a petition for protective orders under this
8section, the respondent shall be personally served with a copy of
9the petition, notice of the hearing or order to show cause,
10temporary restraining order, if any, and any declarations in
11support of the petition. Service shall be made at least five days
12before the hearing. The court may, on motion of the petitioner or
13on its own motion, shorten the time for service on the respondent.

14(l) A notice of hearing under this section shall notify the
15respondent that if he or she does not attend the hearing, the court
16may make orders against him or her that could last up to five years.

17(m) (1) The court may, upon the filing of a declaration by the
18petitioner that the respondent could not be served within the time
19required by statute, reissue an order previously issued and
20dissolved by the court for failure to serve the respondent. The
21reissued order shall remain in effect until the date set for the
22hearing.

23(2) The reissued order shall state on its face the date of
24expiration of the order.

25(n) (1) If a respondent, named in an order issued under this
26section after a hearing, has not been served personally with the
27order but has received actual notice of the existence and substance
28of the order through personal appearance in court to hear the
29terms of the order from the court, no additional proof of service
30is required for enforcement of the order.

31(2) If the respondent named in a temporary restraining order
32is personally served with the order and notice of hearing with
33respect to a restraining order or protective order based on the
34temporary restraining order, but the respondent does not appear
35at the hearing, either personally or by an attorney, and the terms
36and conditions of the restraining order or protective order issued
37at the hearing are identical to the temporary restraining order,
38except for the duration of the order, then the restraining order or
39protective order issued at the hearing may be served on the
P14   1respondent by first-class mail sent to the respondent at the most
2current address for the respondent that is available to the court.

3(3) The Judicial Council form for temporary orders issued
4pursuant to this subdivision shall contain a statement in
5substantially the following form:


7“If you have been personally served with a temporary restraining
8order and notice of hearing, but you do not appear at the hearing
9either in person or by a lawyer, and a restraining order that is the
10same as this temporary restraining order except for the expiration
11date is issued at the hearing, a copy of the order will be served on
12you by mail at the following address: ____.

13If that address is not correct or you wish to verify that the
14temporary restraining order was converted to a restraining order
15at the hearing without substantive change and to find out the
16duration of that order, contact the clerk of the court.”


18(o) (1) Information on any protective order relating to elder
19or dependent adult abuse issued by a court pursuant to this section
20shall be transmitted to the Department of Justice in accordance
21with either paragraph (2) or (3).

22(2) The court shall order the petitioner or the attorney for the
23petitioner to deliver a copy of an order issued under this section,
24or a reissuance, extension, modification, or termination of the
25order, and any subsequent proof of service, by the close of the
26business day on which the order, reissuance, extension,
27modification, or termination was made, to each law enforcement
28agency having jurisdiction over the residence of the petitioner,
29and to any additional law enforcement agencies within the court’s
30discretion as are requested by the petitioner.

31(3) Alternatively, the court or its designee shall transmit, within
32one business day, to law enforcement personnel all information
33required under subdivision (b) of Section 6380 of the Family Code
34regarding any order issued under this section, or a reissuance,
35extension, modification, or termination of the order, and any
36subsequent proof of service, by either one of the following methods:

37(A) Transmitting a physical copy of the order or proof of service
38to a local law enforcement agency authorized by the Department
39of Justice to enter orders into the California Law Enforcement
40Telecommunications System (CLETS).

P15   1(B) With the approval of the Department of Justice, entering
2the order or proof of service into CLETS directly.

3(4) Each appropriate law enforcement agency shall make
4available information as to the existence and current status of
5these orders to law enforcement officers responding to the scene
6of reported abuse.

7(5) An order issued under this section shall, on request of the
8petitioner, be served on the respondent, whether or not the
9respondent has been taken into custody, by any law enforcement
10officer who is present at the scene of reported abuse involving the
11parties to the proceeding. The petitioner shall provide the officer
12with an endorsed copy of the order and a proof of service, which
13the officer shall complete and send to the issuing court.

14(6) Upon receiving information at the scene of an incident of
15abuse that a protective order has been issued under this section,
16or that a person who has been taken into custody is the respondent
17to that order, if the protected person cannot produce an endorsed
18copy of the order, a law enforcement officer shall immediately
19attempt to verify the existence of the order.

20(7) If the law enforcement officer determines that a protective
21order has been issued, but not served, the officer shall immediately
22notify the respondent of the terms of the order and where a written
23copy of the order can be obtained, and the officer shall at that time
24also enforce the order. The law enforcement officer’s verbal notice
25of the terms of the order shall constitute service of the order and
26is sufficient notice for the purposes of this section and for the
27purposes of Section 273.6 of the Penal Code.

28(p) Nothing in this section shall preclude either party from
29representation by private counsel or from appearing on the party’s
30own behalf.

31(q) There is no filing fee for a petition, response, or paper
32seeking the reissuance, modification, or enforcement of a protective
33order filed in a proceeding brought pursuant to this section.

34(r) Pursuant to paragraph (4) of subdivision (b) of Section
356103.2 of the Government Code, a petitioner shall not be required
36to pay a fee for law enforcement to serve an order issued under
37this section.

38(s) The prevailing party in any action brought under this section
39may be awarded court costs and attorney’s fees, if any.

P16   1(t) (1) A person subject to a protective order under this section
2shall not own, possess, purchase, receive, or attempt to receive a
3firearm or ammunition while the protective order is in effect.

4(2) The court shall order a person subject to a protective order
5issued under this section to relinquish any firearms he or she owns
6or possesses pursuant to Section 527.9 of the Code of Civil
7Procedure.

8(3) Every person who owns, possesses, purchases, or receives,
9or attempts to purchase or receive a firearm or ammunition while
10subject to a protective order issued under this section is punishable
11pursuant to Section 29825 of the Penal Code.

12(4) This subdivision shall not apply in a case in which the
13protective order issued under this section was made solely on the
14basis of financial abuse unaccompanied by force, threat,
15harassment, intimidation, or any other form of abuse.

16(u) Any willful disobedience of any temporary restraining order
17or restraining order after hearing granted under this section is
18punishable pursuant to Section 273.6 of the Penal Code.

19(v) This section does not apply to any action or proceeding
20governed by Title 1.6C (commencing with Section 1788) of Part
214 of Division 3 of the Civil Code, Chapter 3 (commencing with
22Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
23or Division 10 (commencing with Section 6200) of the Family
24Code. Nothing in this section shall preclude a petitioner’s right
25to use other existing civil remedies.

26(w) The Judicial Council shall develop forms, instructions, and
27rules relating to matters governed by this section. The petition and
28response forms shall be simple and concise, and their use by parties
29in actions brought pursuant to this section shall be mandatory.

30(x) This section shall become operative on July 1, 2016.

end insert
begin delete
31

SECTION 1.  

Section 15657.03 of the Welfare and Institutions
32Code
is amended to read:

33

15657.03.  

(a) (1) An elder or dependent adult who has suffered
34abuse may seek protective orders as provided in this section.

35(2) A petition may be brought on behalf of an abused elder or
36dependent adult by a conservator or a trustee of the elder or
37dependent adult, a county adult protective services agency in a
38case in which an elder or dependent adult has been identified as
39lacking capacity and a conservatorship is being sought, an
40attorney-in-fact of an elder or dependent adult who acts within the
P17   1authority of the power of attorney, a person appointed as a guardian
2ad litem for the elder or dependent adult, or other person legally
3authorized to seek the relief.

4(b) For the purposes of this section:

5(1) “Abuse” has the meaning set forth in Section 15610.07.

6(2) “Conservator” means the legally appointed conservator of
7the person or estate of the petitioner, or both.

8(3) “Petitioner” means the elder or dependent adult to be
9protected by the protective orders and, if the court grants the
10petition, the protected person.

11(4) “Protective order” means an order that includes any of the
12following restraining orders, whether issued ex parte, after notice
13and hearing, or in a judgment:

14(A) An order enjoining a party from abusing, intimidating,
15molesting, attacking, striking, stalking, threatening, sexually
16assaulting, battering, harassing, telephoning, including, but not
17limited to, making annoying telephone calls as described in Section
18653m of the Penal Code, destroying personal property, contacting,
19either directly or indirectly, by mail or otherwise, or coming within
20a specified distance of, or disturbing the peace of, the petitioner,
21and, in the discretion of the court, on a showing of good cause, of
22other named family or household members or a conservator, if
23any, of the petitioner.

24(B) An order excluding a party from the petitioner’s residence
25or dwelling, except that this order shall not be issued if legal or
26equitable title to, or lease of, the residence or dwelling is in the
27sole name of the party to be excluded, or is in the name of the party
28to be excluded and any other party besides the petitioner.

29(C) An order enjoining a party from specified behavior that the
30court determines is necessary to effectuate orders described in
31subparagraph (A) or (B).

32(5) “Respondent” means the person against whom the protective
33orders are sought and, if the petition is granted, the restrained
34person.

35(c) An order may be issued under this section, with or without
36notice, to restrain any person for the purpose of preventing a
37recurrence of abuse, if a declaration shows, to the satisfaction of
38the court, reasonable proof of a past act or acts of abuse of the
39petitioning elder or dependent adult.

P18   1(d) Upon filing a petition for protective orders under this section,
2the petitioner may obtain a temporary restraining order in
3accordance with Section 527 of the Code of Civil Procedure, except
4to the extent this section provides a rule that is inconsistent. The
5temporary restraining order may include any of the protective
6orders described in paragraph (4) of subdivision (b). However, the
7court may issue an ex parte order excluding a party from the
8petitioner’s residence or dwelling only on a showing of all of the
9following:

10(1) Facts sufficient for the court to ascertain that the party who
11will stay in the dwelling has a right under color of law to possession
12of the premises.

13(2) That the party to be excluded has assaulted or threatens to
14assault the petitioner, other named family or household member
15of the petitioner, or a conservator of the petitioner.

16(3) That physical or emotional harm would otherwise result to
17the petitioner, other named family or household member of the
18petitioner, or a conservator of the petitioner.

19(e) A request for the issuance of a temporary restraining order
20without notice under this section shall be granted or denied on the
21same day that the petition is submitted to the court, unless the
22petition is filed too late in the day to permit effective review, in
23which case the order shall be granted or denied on the next day of
24judicial business in sufficient time for the order to be filed that day
25with the clerk of the court.

26(f) Within 21 days, or, if good cause appears to the court, 25
27days, from the date that a request for a temporary restraining order
28is granted or denied, a hearing shall be held on the petition. If no
29request for temporary orders is made, the hearing shall be held
30within 21 days, or, if good cause appears to the court, 25 days,
31from the date that the petition is filed.

32(g) The respondent may file a response that explains or denies
33the alleged abuse.

34(h) The court may issue, upon notice and a hearing, any of the
35orders set forth in paragraph (4) of subdivision (b). The court may
36issue, after notice and hearing, an order excluding a person from
37a residence or dwelling if the court finds that physical or emotional
38harm would otherwise result to the petitioner, other named family
39or household member of the petitioner, or conservator of the
40petitioner.

P19   1(i) (1) In the discretion of the court, an order issued after notice
2and a hearing under this section may have a duration of not more
3than five years, subject to termination or modification by further
4order of the court either on written stipulation filed with the court
5or on the motion of a party. These orders may be renewed upon
6the request of a party, either for five years or permanently, without
7a showing of any further abuse since the issuance of the original
8order, subject to termination or modification by further order of
9the court either on written stipulation filed with the court or on the
10motion of a party. The request for renewal may be brought at any
11time within the three months before the expiration of the order.

12(2) The failure to state the expiration date on the face of the
13form creates an order with a duration of three years from the date
14of issuance.

15(3) If an action is filed for the purpose of terminating or
16modifying a protective order prior to the expiration date specified
17in the order by a party other than the protected party, the party
18who is protected by the order shall be given notice, pursuant to
19subdivision (b) of Section 1005 of the Code of Civil Procedure,
20of the proceeding by personal service or, if the protected party has
21satisfied the requirements of Chapter 3.1 (commencing with
22Section 6205) of Division 7 of Title 1 of the Government Code,
23by service on the Secretary of State. If the party who is protected
24by the order cannot be notified prior to the hearing for modification
25or termination of the protective order, the court shall deny the
26motion to modify or terminate the order without prejudice or
27continue the hearing until the party who is protected can be
28properly noticed and may, upon a showing of good cause, specify
29another method for service of process that is reasonably designed
30to afford actual notice to the protected party. The protected party
31may waive his or her right to notice if he or she is physically
32present in court and does not challenge the sufficiency of the notice.

33(j) In a proceeding under this section, a support person may
34accompany a party in court and, if the party is not represented by
35an attorney, may sit with the party at the table that is generally
36reserved for the party and the party’s attorney. The support person
37is present to provide moral and emotional support for a person
38who alleges he or she is a victim of abuse. The support person is
39not present as a legal adviser and may not provide legal advice.
40The support person may assist the person who alleges he or she is
P20   1a victim of abuse in feeling more confident that he or she will not
2be injured or threatened by the other party during the proceedings
3if the person who alleges he or she is a victim of abuse and the
4other party are required to be present in close proximity. This
5subdivision does not preclude the court from exercising its
6discretion to remove the support person from the courtroom if the
7court believes the support person is prompting, swaying, or
8influencing the party assisted by the support person.

9(k) Upon the filing of a petition for protective orders under this
10section, the respondent shall be personally served with a copy of
11the petition, notice of the hearing or order to show cause, temporary
12restraining order, if any, and any declarations in support of the
13petition. Service shall be made at least five days before the hearing.
14The court may, on motion of the petitioner or on its own motion,
15shorten the time for service on the respondent.

16(l) A notice of hearing under this section shall notify the
17respondent that if he or she does not attend the hearing, the court
18may make orders against him or her that could last up to five years.

19(m) (1) The court may, upon the filing of a declaration by the
20petitioner that the respondent could not be served within the time
21required by statute, reissue an order previously issued and dissolved
22by the court for failure to serve the respondent. The reissued order
23shall remain in effect until the date set for the hearing.

24(2) The reissued order shall state on its face the date of
25expiration of the order.

26(n) (1) If a respondent, named in an order issued under this
27section after a hearing, has not been served personally with the
28order but has received actual notice of the existence and substance
29of the order through personal appearance in court to hear the terms
30of the order from the court, no additional proof of service is
31required for enforcement of the order.

32(2) If the respondent named in a temporary restraining order is
33personally served with the order and notice of hearing with respect
34to a restraining order or protective order based on the temporary
35restraining order, but the respondent does not appear at the hearing,
36either personally or by an attorney, and the terms and conditions
37of the restraining order or protective order issued at the hearing
38are identical to the temporary restraining order, except for the
39duration of the order, then the restraining order or protective order
40issued at the hearing may be served on the respondent by first-class
P21   1mail sent to the respondent at the most current address for the
2respondent that is available to the court.

3(3) The Judicial Council form for temporary orders issued
4pursuant to this subdivision shall contain a statement in
5substantially the following form:


7“If you have been personally served with a temporary restraining
8order and notice of hearing, but you do not appear at the hearing
9either in person or by a lawyer, and a restraining order that is the
10same as this temporary restraining order except for the expiration
11date is issued at the hearing, a copy of the order will be served on
12you by mail at the following address: ____.

13If that address is not correct or you wish to verify that the
14temporary restraining order was converted to a restraining order
15at the hearing without substantive change and to find out the
16duration of that order, contact the clerk of the court.”
17


18(o) (1) Information on any protective order relating to elder or
19dependent adult abuse issued by a court pursuant to this section
20shall be transmitted to the Department of Justice in accordance
21with either paragraph (2) or (3).

22(2) The court shall order the petitioner or the attorney for the
23petitioner to deliver a copy of an order issued under this section,
24or a reissuance, extension, modification, or termination of the
25order, and any subsequent proof of service, by the close of the
26business day on which the order, reissuance, extension,
27modification, or termination was made, to each law enforcement
28agency having jurisdiction over the residence of the petitioner, and
29to any additional law enforcement agencies within the court’s
30discretion as are requested by the petitioner.

31(3) Alternatively, the court or its designee shall transmit, within
32one business day, to law enforcement personnel all information
33required under subdivision (b) of Section 6380 of the Family Code
34regarding any order issued under this section, or a reissuance,
35extension, modification, or termination of the order, and any
36subsequent proof of service, by either one of the following
37methods:

38(A) Transmitting a physical copy of the order or proof of service
39to a local law enforcement agency authorized by the Department
P22   1of Justice to enter orders into the California Law Enforcement
2Telecommunications System (CLETS).

3(B) With the approval of the Department of Justice, entering
4the order or proof of service into CLETS directly.

5(4) Each appropriate law enforcement agency shall make
6available information as to the existence and current status of these
7orders to law enforcement officers responding to the scene of
8reported abuse.

9(5) An order issued under this section shall, on request of the
10petitioner, be served on the respondent, whether or not the
11respondent has been taken into custody, by any law enforcement
12officer who is present at the scene of reported abuse involving the
13parties to the proceeding. The petitioner shall provide the officer
14with an endorsed copy of the order and a proof of service, which
15the officer shall complete and send to the issuing court.

16(6) Upon receiving information at the scene of an incident of
17abuse that a protective order has been issued under this section,
18or that a person who has been taken into custody is the respondent
19to that order, if the protected person cannot produce an endorsed
20copy of the order, a law enforcement officer shall immediately
21attempt to verify the existence of the order.

22(7) If the law enforcement officer determines that a protective
23order has been issued, but not served, the officer shall immediately
24notify the respondent of the terms of the order and where a written
25copy of the order can be obtained, and the officer shall at that time
26also enforce the order. The law enforcement officer’s verbal notice
27of the terms of the order shall constitute service of the order and
28is sufficient notice for the purposes of this section and for the
29purposes of Section 273.6 of the Penal Code.

30(p) Nothing in this section shall preclude either party from
31representation by private counsel or from appearing on the party’s
32own behalf.

33(q) There is no filing fee for a petition, response, or paper
34seeking the reissuance, modification, or enforcement of a protective
35order filed in a proceeding brought pursuant to this section.

36(r) Pursuant to paragraph (4) of subdivision (b) of Section 6103.2
37of the Government Code, a petitioner shall not be required to pay
38a fee for law enforcement to serve an order issued under this
39section.

P23   1(s) The prevailing party in any action brought under this section
2may be awarded court costs and attorney’s fees, if any.

3(t) (1) A person subject to a protective order under this section
4shall not own, possess, purchase, receive, or attempt to receive a
5firearm or ammunition while the protective order is in effect.

6(2) The court shall order a person subject to a protective order
7issued under this section to relinquish any firearms he or she owns
8or possesses pursuant to Section 527.9 of the Code of Civil
9Procedure.

10(3) Every person who owns, possesses, purchases, or receives,
11or attempts to purchase or receive a firearm or ammunition while
12subject to a protective order issued under this section is punishable
13pursuant to Section 29825 of the Penal Code.

14(4) This subdivision shall not apply in a case in which the
15protective order issued under this section was made solely on the
16basis of financial abuse unaccompanied by force, threat,
17harassment, intimidation, or any other form of abuse.

18(u) Any willful disobedience of any temporary restraining order
19or restraining order after hearing granted under this section is
20punishable pursuant to Section 273.6 of the Penal Code.

21(v) This section does not apply to any action or proceeding
22governed by Title 1.6C (commencing with Section 1788) of Part
234 of Division 3 of the Civil Code, by Chapter 3 (commencing with
24Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
25or by Division 10 (commencing with Section 6200) of the Family
26Code. Nothing in this section shall preclude a petitioner’s right to
27use other existing civil remedies.

28(w) The Judicial Council shall develop forms, instructions, and
29rules relating to matters governed by this section. The petition and
30response forms shall be simple and concise, and their use by parties
31in actions brought pursuant to this section shall be mandatory.

end delete


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