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 dependentbegin delete adult, including financial abuse.end deletebegin insert adult.end 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 would, commencing July 1, 2016, additionally authorize a county adult protective services agencybegin insert
and a public conservatorend insert 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 delete The bill would also recast and clarify the definition of “abuse.”end deletebegin insert The bill would require the adult protective services agency or public conservator to provide a copy of the petition, a notice of the hearing, and any supportive declarations to the elder or dependent adult at least 5 days before the hearing, and to make reasonable efforts to assist the elder or dependent adult to attend the hearing and provide testimony to the court.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:
Section 15610.07 of the Welfare and Institutions
2Code is amended to read:
“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.
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11as of January 1, 2017, is repealed, unless a later enacted statute,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13extends the dates on which it becomes inoperative and is repealed.
Section 15610.07 is added to the Welfare and
15Institutions Code, to read:
“Abuse of an elder or a dependent adult” means any
17of 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.
Section 15657.03 of the Welfare and Institutions
27Code is amended to read:
(a) (1) An elder or dependent adult who has suffered
29abuse as defined in Section 15610.07 may seek protective orders
30as provided in this section.
31(2) A petition may be brought on behalf of an abused elder or
32dependent adult by a conservator or a trustee of the elder or
33dependent adult, an attorney-in-fact of an elder or dependent adult
34who acts within the authority of the power of attorney, a person
P3 1appointed as a guardian ad litem for the elder or dependent adult,
2or other person legally authorized to seek such relief.
3(b) For the purposes of this section:
4(1) “Conservator” means the legally appointed conservator of
5the person or estate of the petitioner, or both.
6(2) “Petitioner” means the elder or dependent adult to be
7protected by the protective orders and, if the court grants the
8petition, the protected person.
9(3) “Protective order” means an order that includes any of the
10following restraining orders, whether issued ex parte, after notice
11and hearing, or in a judgment:
12(A) An order enjoining a party from abusing, intimidating,
13molesting, attacking, striking, stalking, threatening, sexually
14assaulting, battering, harassing, telephoning, including, but not
15limited to, making annoying telephone calls as described in Section
16653m of the Penal Code, destroying
personal property, contacting,
17either directly or indirectly, by mail or otherwise, or coming within
18a specified distance of, or disturbing the peace of, the petitioner,
19and, in the discretion of the court, on a showing of good cause, of
20other named family or household members or a conservator, if
21any, of the petitioner.
22(B) An order excluding a party from the petitioner’s residence
23or dwelling, except that this order shall not be issued if legal or
24equitable title to, or lease of, the residence or dwelling is in the
25sole name of the party to be excluded, or is in the name of the party
26to be excluded and any other party besides the petitioner.
27(C) An order enjoining a party from specified behavior that the
28court determines is necessary to effectuate orders described in
29subparagraph
(A) or (B).
30(4) “Respondent” means the person against whom the protective
31orders are sought and, if the petition is granted, the restrained
32person.
33(c) An order may be issued under this section, with or without
34notice, to restrain any person for the purpose of preventing a
35recurrence of abuse, if a declaration shows, to the satisfaction of
36the court, reasonable proof of a past act or acts of abuse of the
37petitioning elder or dependent adult.
38(d) Upon filing a petition for protective orders under this section,
39the petitioner may obtain a temporary restraining order in
40accordance with Section 527 of the Code of Civil Procedure, except
P4 1to the extent this section provides a rule that is inconsistent. The
2temporary
restraining order may include any of the protective
3orders described in paragraph (3) of subdivision (b). However, the
4court may issue an ex parte order excluding a party from the
5petitioner’s residence or dwelling only on a showing of all of the
6following:
7(1) Facts sufficient for the court to ascertain that the party who
8will stay in the dwelling has a right under color of law to possession
9of the premises.
10(2) That the party to be excluded has assaulted or threatens to
11assault the petitioner, other named family or household member
12of the petitioner, or a conservator of the petitioner.
13(3) That physical or emotional harm would otherwise result to
14the petitioner, other named family or household member of the
15petitioner,
or a conservator of the petitioner.
16(e) A request for the issuance of a temporary restraining order
17without notice under this section shall be granted or denied on the
18same day that the petition is submitted to the court, unless the
19petition is filed too late in the day to permit effective review, in
20which case the order shall be granted or denied on the next day of
21judicial business in sufficient time for the order to be filed that day
22with the clerk of the court.
23(f) Within 21 days, or, if good cause appears to the court, 25
24days, from the date that a request for a temporary restraining order
25is granted or denied, a hearing shall be held on the petition. If no
26request for temporary orders is made, the hearing shall be held
27within 21 days, or, if good cause appears to the court, 25
days,
28from the date that the petition is filed.
29(g) The respondent may file a response that explains or denies
30the alleged abuse.
31(h) The court may issue, upon notice and a hearing, any of the
32orders set forth in paragraph (3) of subdivision (b). The court may
33issue, after notice and hearing, an order excluding a person from
34a residence or dwelling if the court finds that physical or emotional
35harm would otherwise result to the petitioner, other named family
36or household member of the petitioner, or conservator of the
37petitioner.
38(i) (1) In the discretion of the court, an order issued after notice
39and a hearing under this section may have a duration of not more
40than five years, subject to
termination or modification by further
P5 1order of the court either on written stipulation filed with the court
2or on the motion of a party. These orders may be renewed upon
3the request of a party, either for five years or permanently, without
4a showing of any further abuse since the issuance of the original
5order, subject to termination or modification by further order of
6the court either on written stipulation filed with the court or on the
7motion of a party. The request for renewal may be brought at any
8time within the three months before the expiration of the order.
9(2) The failure to state the expiration date on the face of the
10form creates an order with a duration of three years from the date
11of issuance.
12(3) If an action is filed for the purpose of terminating or
13modifying a
protective order prior to the expiration date specified
14in the order by a party other than the protected party, the party
15who is protected by the order shall be given notice, pursuant to
16subdivision (b) of Section 1005 of the Code of Civil Procedure,
17of the proceeding by personal service or, if the protected party has
18satisfied the requirements of Chapter 3.1 (commencing with
19Section 6205) of Division 7 of Title 1 of the Government Code,
20by service on the Secretary of State. If the party who is protected
21by the order cannot be notified prior to the hearing for modification
22or termination of the protective order, the court shall deny the
23motion to modify or terminate the order without prejudice or
24continue the hearing until the party who is protected can be
25properly noticed and may, upon a showing of good cause, specify
26another method for service of process that is reasonably designed
27to afford
actual notice to the protected party. The protected party
28may waive his or her right to notice if he or she is physically
29present in court and does not challenge the sufficiency of the notice.
30(j) In a proceeding under this section, a support person may
31accompany a party in court and, if the party is not represented by
32an attorney, may sit with the party at the table that is generally
33reserved for the party and the party’s attorney. The support person
34is present to provide moral and emotional support for a person
35who alleges he or she is a victim of abuse. The support person is
36not present as a legal adviser and may not provide legal advice.
37The support person may assist the person who alleges he or she is
38a victim of abuse in feeling more confident that he or she will not
39be injured or threatened by the other party during the proceedings
40if
the person who alleges he or she is a victim of abuse and the
P6 1other party are required to be present in close proximity. This
2subdivision does not preclude the court from exercising its
3discretion to remove the support person from the courtroom if the
4court believes the support person is prompting, swaying, or
5influencing the party assisted by the support person.
6(k) Upon the filing of a petition for protective orders under this
7section, the respondent shall be personally served with a copy of
8the petition, notice of the hearing or order to show cause, temporary
9restraining order, if any, and any declarations in support of the
10petition. Service shall be made at least five days before the hearing.
11The court may, on motion of the petitioner or on its own motion,
12shorten the time for service on the respondent.
13(l) A notice of hearing under this section shall notify the
14respondent that if he or she does not attend the hearing, the court
15may make orders against him or her that could last up to five years.
16(m) (1) The court may, upon the filing of a declaration by the
17petitioner that the respondent could not be served within the time
18required by statute, reissue an order previously issued and dissolved
19by the court for failure to serve the respondent. The reissued order
20shall remain in effect until the date set for the hearing.
21(2) The reissued order shall state on its face the date of
22expiration of the order.
23(n) (1) If a respondent, named in an order issued under this
24section after
a hearing, has not been served personally with the
25order but has received actual notice of the existence and substance
26of the order through personal appearance in court to hear the terms
27of the order from the court, no additional proof of service is
28required for enforcement of the order.
29(2) If the respondent named in a temporary restraining order is
30personally served with the order and notice of hearing with respect
31to a restraining order or protective order based on the temporary
32restraining order, but the respondent does not appear at the hearing,
33either personally or by an attorney, and the terms and conditions
34of the restraining order or protective order issued at the hearing
35are identical to the temporary restraining order, except for the
36duration of the order, then the restraining order or protective order
37issued at the hearing may be
served on the respondent by first-class
38mail sent to the respondent at the most current address for the
39respondent that is available to the court.
P7 1(3) The Judicial Council form for temporary orders issued
2pursuant to this subdivision shall contain a statement in
3substantially the following form:
5“If you have been personally served with a temporary restraining
6order and notice of hearing, but you do not appear at the hearing
7either in person or by a lawyer, and a restraining order that is the
8same as this temporary restraining order except for the expiration
9date is issued at the hearing, a copy of the order will be served on
10you by mail at the following address: ____.
11If that address is not correct or you wish to verify that
the
12temporary restraining order was converted to a restraining order
13at the hearing without substantive change and to find out the
14duration of that order, contact the clerk of the court.”
16(o) (1) Information on any protective order relating to elder or
17dependent adult abuse issued by a court pursuant to this section
18shall be transmitted to the Department of Justice in accordance
19with either paragraph (2) or (3).
20(2) The court shall order the petitioner or the attorney for the
21petitioner to deliver a copy of an order issued under this section,
22or a reissuance, extension, modification, or termination of the
23order, and any subsequent proof of service, by the close of the
24business day on which the order, reissuance, extension,
25modification,
or termination was made, to each law enforcement
26agency having jurisdiction over the residence of the petitioner, and
27to any additional law enforcement agencies within the court’s
28discretion as are requested by the petitioner.
29(3) Alternatively, the court or its designee shall transmit, within
30one business day, to law enforcement personnel all information
31required under subdivision (b) of Section 6380 of the Family Code
32regarding any order issued under this section, or a reissuance,
33extension, modification, or termination of the order, and any
34subsequent proof of service, by either one of the following
35methods:
36(A) Transmitting a physical copy of the order or proof of service
37to a local law enforcement agency authorized by the Department
38of Justice to enter orders into the
California Law Enforcement
39Telecommunications System (CLETS).
P8 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 these
5orders to law enforcement officers responding to the scene of
6reported 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 6103.2
35of the Government Code, a petitioner shall not be required to pay
36a fee for law enforcement to serve an order issued under this
37section.
38(s) The prevailing party in any action brought under this section
39may be awarded court costs and attorney’s fees, if any.
P9 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 to
25use 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 inoperative on July 1, 2016, and,
31as of January 1, 2017, is repealed, unless a later enacted statute,
32that becomes operative on or before January 1, 2017, deletes or
33extends the dates on which it becomes inoperative and is repealed.
Section 15657.03 is added to the Welfare and
36Institutions Code, to read:
(a) (1) An elder or dependent adult who has suffered
38abuse may seek protective orders as provided in this section.
39(2) A petition may be brought on behalf of an abused elder or
40dependent adult by a conservator or a trustee of the elder or
P10 1dependent adult, a county adult protective services agencybegin insert or public
2conservatorend insert in a case in which an elder or dependent adult has
3been identified as lacking capacity and a conservatorship is being
4sought, an attorney-in-fact of an elder or dependent adult who acts
5within the authority of the power of attorney,
a person appointed
6as a guardian ad litem for the elder or dependent adult, or other
7person legally authorized to seek the relief.
8(b) For the purposes of this section:
9(1) “Abuse” has the meaning set forth in Section 15610.07.
10(2) “Conservator” means the legally appointed conservator of
11the person or estate of the petitioner, or both.
12(3) “Petitioner” means the elder or dependent adult to be
13protected by the protective orders and, if the court grants the
14petition, the protected person.
15(4) “Protective order” means an order that includes any of the
16following restraining orders, whether issued ex parte,
after notice
17and hearing, or in a judgment:
18(A) An order enjoining a party from abusing, intimidating,
19molesting, attacking, striking, stalking, threatening, sexually
20assaulting, battering, harassing, telephoning, including, but not
21limited to, making annoying telephone calls as described in Section
22653m of the Penal Code, destroying personal property, contacting,
23either directly or indirectly, by mail or otherwise, or coming within
24a specified distance of, or disturbing the peace of, the petitioner,
25and, in the discretion of the court, on a showing of good cause, of
26other named family or household members or a conservator, if
27any, of the petitioner.
28(B) An order excluding a party from the petitioner’s residence
29or dwelling, except that this order shall not be issued if legal or
30
equitable title to, or lease of, the residence or dwelling is in the
31sole name of the party to be excluded, or is in the name of the party
32to be excluded and any other party besides the petitioner.
33(C) An order enjoining a party from specified behavior that the
34court determines is necessary to effectuate orders described in
35subparagraph (A) or (B).
36(5) “Respondent” means the person against whom the protective
37orders are sought and, if the petition is granted, the restrained
38person.
39(c) An order may be issued under this section, with or without
40notice, to restrain any person for the purpose of preventing a
P11 1recurrence of abuse, if a declaration shows, to the satisfaction of
2the court, reasonable proof of a past act
or acts of abuse of the
3petitioning elder or dependent adult.
4(d) Upon filing a petition for protective orders under this section,
5the petitioner may obtain a temporary restraining order in
6accordance with Section 527 of the Code of Civil Procedure, except
7to the extent this section provides a rule that is inconsistent. The
8temporary restraining order may include any of the protective
9orders described in paragraph (4) of subdivision (b). However, the
10court may issue an ex parte order excluding a party from the
11petitioner’s residence or dwelling only on a showing of all of the
12following:
13(1) Facts sufficient for the court to ascertain that the party who
14will stay in the dwelling has a right under color of law to possession
15of the premises.
16(2) That the party to be excluded has assaulted or threatens to
17assault the petitioner, other named family or household member
18of the petitioner, or a conservator of the petitioner.
19(3) That physical or emotional harm would otherwise result to
20the petitioner, other named family or household member of the
21petitioner, or a conservator of the petitioner.
22(e) A request for the issuance of a temporary restraining order
23without notice under this section shall be granted or denied on the
24same day that the petition is submitted to the court, unless the
25petition is filed too late in the day to permit effective review, in
26which case the order shall be granted or denied on the next day of
27judicial business in sufficient time for the
order to be filed that day
28with the clerk of the court.
29(f) Within 21 days, or, if good cause appears to the court, 25
30days, from the date that a request for a temporary restraining order
31is granted or denied, a hearing shall be held on the petition. If no
32request for temporary orders is made, the hearing shall be held
33within 21 days, or, if good cause appears to the court, 25 days,
34from the date that the petition is filed.
35(g) The respondent may file a response that explains or denies
36the alleged abuse.
37(h) The court may issue, upon notice and a hearing, any of the
38orders set forth in paragraph (4) of subdivision (b). The court may
39issue, after notice and hearing, an order excluding a person from
40a residence or
dwelling if the court finds that physical or emotional
P12 1harm would otherwise result to the petitioner, other named family
2or household member of the petitioner, or conservator of the
3petitioner.
4(i) (1) In the discretion of the court, an order issued after notice
5and a hearing under this section may have a duration of not more
6than five years, subject to termination or modification by further
7order of the court either on written stipulation filed with the court
8or on the motion of a party. These orders may be renewed upon
9the request of a party, either for five years or permanently, without
10a showing of any further abuse since the issuance of the original
11order, subject to termination or modification by further order of
12the court either on written stipulation filed with the court or on the
13motion of a party. The request
for renewal may be brought at any
14time within the three months before the expiration of the order.
15(2) The failure to state the expiration date on the face of the
16form creates an order with a duration of three years from the date
17of issuance.
18(3) If an action is filed for the purpose of terminating or
19modifying a protective order prior to the expiration date specified
20in the order by a party other than the protected party, the party
21who is protected by the order shall be given notice, pursuant to
22subdivision (b) of Section 1005 of the Code of Civil Procedure,
23of the proceeding by personal service or, if the protected party has
24satisfied the requirements of Chapter 3.1 (commencing with
25Section 6205) of Division 7 of Title 1 of the Government Code,
26by service on the Secretary of
State. If the party who is protected
27by the order cannot be notified prior to the hearing for modification
28or termination of the protective order, the court shall deny the
29motion to modify or terminate the order without prejudice or
30continue the hearing until the party who is protected can be
31properly noticed and may, upon a showing of good cause, specify
32another method for service of process that is reasonably designed
33to afford actual notice to the protected party. The protected party
34may waive his or her right to notice if he or she is physically
35present in court and does not challenge the sufficiency of the notice.
36(j) In a proceeding under this section, a support person may
37accompany a party in court and, if the party is not represented by
38an attorney, may sit with the party at the table that is generally
39reserved for the party and the
party’s attorney. The support person
40is present to provide moral and emotional support for a person
P13 1who alleges he or she is a victim of abuse. The support person is
2not present as a legal adviser and may not provide legal advice.
3The support person may assist the person who alleges he or she is
4a victim of abuse in feeling more confident that he or she will not
5be injured or threatened by the other party during the proceedings
6if the person who alleges he or she is a victim of abuse and the
7other party are required to be present in close proximity. This
8subdivision does not preclude the court from exercising its
9discretion to remove the support person from the courtroom if the
10court believes the support person is prompting, swaying, or
11influencing the party assisted by the support person.
12(k) Upon the filing of a petition for protective
orders under this
13section, the respondent shall be personally served with a copy of
14the petition, notice of the hearing or order to show cause, temporary
15restraining order, if any, and any declarations in support of the
16petition. Service shall be made at least five days before the hearing.
17The court may, on motion of the petitioner or on its own motion,
18shorten the time for service on the respondent.
19(l) A notice of hearing under this section shall notify the
20respondent that if he or she does not attend the hearing, the court
21may make orders against him or her that could last up to five years.
22(m) (1) The court may, upon the filing of a declaration by the
23petitioner that the respondent could not be served within the time
24required by statute, reissue an order
previously issued and dissolved
25by the court for failure to serve the respondent. The reissued order
26shall remain in effect until the date set for the hearing.
27(2) The reissued order shall state on its face the date of
28expiration of the order.
29(n) (1) If a respondent, named in an order issued under this
30section after a hearing, has not been served personally with the
31order but has received actual notice of the existence and substance
32of the order through personal appearance in court to hear the terms
33of the order from the court, no additional proof of service is
34required for enforcement of the order.
35(2) If the respondent named in a temporary restraining order is
36personally served with the
order and notice of hearing with respect
37to a restraining order or protective order based on the temporary
38restraining order, but the respondent does not appear at the hearing,
39either personally or by an attorney, and the terms and conditions
40of the restraining order or protective order issued at the hearing
P14 1are identical to the temporary restraining order, except for the
2duration of the order, then the restraining order or protective order
3issued at the hearing may be served on the respondent by first-class
4mail sent to the respondent at the most current address for the
5respondent that is available to the court.
6(3) The Judicial Council form for temporary orders issued
7pursuant to this subdivision shall contain a statement in
8substantially the following form:
10“If
you have been personally served with a temporary restraining
11order and notice of hearing, but you do not appear at the hearing
12either in person or by a lawyer, and a restraining order that is the
13same as this temporary restraining order except for the expiration
14date is issued at the hearing, a copy of the order will be served on
15you by mail at the following address: ____.
16If that address is not correct or you wish to verify that the
17temporary restraining order was converted to a restraining order
18at the hearing without substantive change and to find out the
19duration of that order, contact the clerk of the court.”
21(o) (1) Information on any protective order relating to elder or
22dependent adult abuse issued by a court pursuant to this section
23shall
be transmitted to the Department of Justice in accordance
24with either paragraph (2) or (3).
25(2) The court shall order the petitioner or the attorney for the
26petitioner to deliver a copy of an order issued under this section,
27or a reissuance, extension, modification, or termination of the
28order, and any subsequent proof of service, by the close of the
29business day on which the order, reissuance, extension,
30modification, or termination was made, to each law enforcement
31agency having jurisdiction over the residence of the petitioner, and
32to any additional law enforcement agencies within the court’s
33discretion as are requested by the petitioner.
34(3) Alternatively, the court or its designee shall transmit, within
35one business day, to law enforcement personnel all information
36required
under subdivision (b) of Section 6380 of the Family Code
37regarding any order issued under this section, or a reissuance,
38extension, modification, or termination of the order, and any
39subsequent proof of service, by either one of the following
40methods:
P15 1(A) Transmitting a physical copy of the order or proof of service
2to a local law enforcement agency authorized by the Department
3of Justice to enter orders into the California Law Enforcement
4Telecommunications System (CLETS).
5(B) With the approval of the Department of Justice, entering
6the order or proof of service into CLETS directly.
7(4) Each appropriate law enforcement agency shall make
8available information as to the existence and current status of these
9orders to law
enforcement officers responding to the scene of
10reported abuse.
11(5) An order issued under this section shall, on request of the
12petitioner, be served on the respondent, whether or not the
13respondent has been taken into custody, by any law enforcement
14officer who is present at the scene of reported abuse involving the
15parties to the proceeding. The petitioner shall provide the officer
16with an endorsed copy of the order and a proof of service, which
17the officer shall complete and send to the issuing court.
18(6) Upon receiving information at the scene of an incident of
19abuse that a protective order has been issued under this section,
20or that a person who has been taken into custody is the respondent
21to that order, if the protected person cannot produce an endorsed
22copy of the order, a
law enforcement officer shall immediately
23attempt to verify the existence of the order.
24(7) If the law enforcement officer determines that a protective
25order has been issued, but not served, the officer shall immediately
26notify the respondent of the terms of the order and where a written
27copy of the order can be obtained, and the officer shall at that time
28also enforce the order. The law enforcement officer’s verbal notice
29of the terms of the order shall constitute service of the order and
30is sufficient notice for the purposes of this section and for the
31purposes of Section 273.6 of the Penal Code.
32(p) Nothing in this section shall preclude either party from
33representation by private counsel or from appearing on the party’s
34own behalf.
35(q) There is no filing fee for a petition, response, or paper
36seeking the reissuance, modification, or enforcement of a protective
37order filed in a proceeding brought pursuant to this section.
38(r) Pursuant to paragraph (4) of subdivision (b) of Section 6103.2
39of the Government Code, a petitioner shall not be required to pay
P16 1a fee for law enforcement to serve an order issued under this
2section.
3(s) The prevailing party in any action brought under this section
4may be awarded court costs and attorney’s fees, if any.
5(t) (1) A person subject to a protective order under this section
6shall not own, possess, purchase, receive, or attempt to receive a
7firearm or ammunition while the protective order
is in effect.
8(2) The court shall order a person subject to a protective order
9issued under this section to relinquish any firearms he or she owns
10or possesses pursuant to Section 527.9 of the Code of Civil
11Procedure.
12(3) Every person who owns, possesses, purchases, or receives,
13or attempts to purchase or receive a firearm or ammunition while
14subject to a protective order issued under this section is punishable
15pursuant to Section 29825 of the Penal Code.
16(4) This subdivision shall not apply in a case in which the
17protective order issued under this section was made solely on the
18basis of financial abuse unaccompanied by force, threat,
19harassment, intimidation, or any other form of abuse.
20(u) In a proceeding based on a filing of a petition by a county
21adult protective services agency or public conservator in a case
22in which an elder or dependent adult has been identified as lacking
23capacity and a conservatorship is sought, all of the following
24apply:
25(1) Upon the filing of a petition for a protective order, the elder
26or dependent adult on whose behalf the petition has been filed
27shall receive a copy of the petition, a notice of the hearing, and
28any declarations submitted in support of the petition. The elder or
29dependent adult shall receive this information at least five days
30before the hearing. The court may, on motion of the petitioner or
31on its own motion, shorten the time for provision of this information
32to the elder or dependent adult.
33(2) The adult protective services agency or public conservator
34shall make reasonable efforts to assist the elder or dependent adult
35to attend the hearing and provide testimony to the court, if he or
36she wishes to do so. If the elder or dependent adult does not attend
37the hearing, the agency or public conservator shall provide
38information to the court at the hearing regarding the reasons why
39the elder or dependent adult is not in attendance.
40(u)
end delete
P17 1begin insert(v)end insert Any willful disobedience of any temporary restraining order
2or restraining order after hearing granted under this section
is
3punishable pursuant to Section 273.6 of the Penal Code.
4(v)
end delete
5begin insert(w)end insert This section does not apply to any action or proceeding
6governed by Title 1.6C (commencing with Section 1788) of Part
74 of Division 3 of the Civil Code, Chapter 3 (commencing with
8Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
9or Division 10 (commencing with Section 6200) of the Family
10Code. Nothing in this section shall preclude a petitioner’s right to
11use other existing civil remedies.
12(w)
end delete
13begin insert(x)end insert The Judicial Council shall develop forms, instructions, and
14rules relating to matters governed by this section. The petition and
15response forms shall be simple and concise, andbegin delete their useend deletebegin insert
shall be
16usedend insert by parties in actions brought pursuant to thisbegin delete section shall be begin insert section.end insert
17mandatory.end delete
18(x)
end delete19begin insert(y)end insert This section shall become operative on July 1, 2016.
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