Amended in Assembly August 17, 2015

Amended in Assembly June 25, 2015

Amended in Assembly June 15, 2015

Amended in Senate May 19, 2015

Amended in Senate April 23, 2015

Amended in Senate March 19, 2015

Senate BillNo. 196


Introduced by Senator Hancock

(Coauthor: Senator Stone)

begin insert

(Coauthor: Assembly Member Brown)

end insert

February 10, 2015


An act to amend, repeal, and add Sections 15610.07 and 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. 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 agency to file a petition for a protective order on behalf of an elder or dependent adult who has suffered abuse and has an impaired ability to appreciate and understand the circumstances that place him or her at risk of harm, or who has provided written authorization for the agency to act on his or her behalf. The bill would impose specified requirements on an adult protective services agency that files the petition, including, among others, assisting the elder or dependent adult to attend the hearing and, if a petition to appoint a conservator has not already been filed, referring the elder or dependent adult to the public guardian, as specified. The bill would also recast and clarify the definition of “abuse of an elder or a dependent adult.”

begin insert

This bill would incorporate additional changes to Section 15657.03 of the Welfare and Institutions Code, proposed by AB 494 and AB 1081, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last.

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    1

SECTION 1.  

Section 15610.07 of the Welfare and Institutions
2Code
is amended to read:

3

15610.07.  

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

5(1) Physical abuse, neglect, financial abuse, abandonment,
6isolation, abduction, or other treatment with resulting physical
7harm or pain or mental suffering.

8(2) The deprivation by a care custodian of goods or services
9that are necessary to avoid physical harm or mental suffering.

10(b) 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.

14

SEC. 2.  

Section 15610.07 is added to the Welfare and
15Institutions Code
, to read:

16

15610.07.  

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

18(1) Physical abuse, neglect, abandonment, isolation, abduction,
19or other treatment with resulting physical harm or pain or mental
20suffering.

P3    1(2) The deprivation by a care custodian of goods or services
2that are necessary to avoid physical harm or mental suffering.

3(3) Financial abuse, as defined in Section 15610.30.

4(b) This section shall become operative on July 1, 2016.

5

SEC. 3.  

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

7

15657.03.  

(a) (1) An elder or dependent adult who has suffered
8begin delete abuseend deletebegin insert abuse,end insert as defined in Sectionbegin delete 15610.07end deletebegin insert 15610.07,end insert may seek
9protective orders as provided in this section.

10(2) A petition may be brought on behalf of an abused elder or
11dependent adult by a conservator or a trustee of the elder or
12dependent adult, an attorney-in-fact of an elder or dependent adult
13who acts within the authority ofbegin delete theend deletebegin insert aend insert power of attorney, a person
14appointed as a guardian ad litem for the elder or dependent adult,
15or other person legally authorized to seek such relief.

16(b) For the purposes of this section:

17(1) “Conservator” means the legally appointed conservator of
18the person or estate of the petitioner, or both.

19(2) “Petitioner” means the elder or dependent adult to be
20protected by the protective orders and, if the court grants the
21petition, the protected person.

22(3) “Protective order” means an order that includes any of the
23following restraining orders, whether issued ex parte, after notice
24and hearing, or in a judgment:

25(A) An order enjoining a party from abusing, intimidating,
26molesting, attacking, striking, stalking, threatening, sexually
27assaulting, battering, harassing, telephoning, including, but not
28limited to, making annoying telephone calls as described in Section
29653m of the Penal Code, destroying personal property, contacting,
30either directly or indirectly, by mail or otherwise, or coming within
31a specified distance of, or disturbing the peace of, the petitioner,
32and, in the discretion of the court, on a showing of good cause, of
33other named family or household members or a conservator, if
34any, of the petitioner.

35(B) An order excluding a party from the petitioner’s residence
36or dwelling, except that this order shall not be issued if legal or
37equitable title to, or lease of, the residence or dwelling is in the
38 sole name of the party to be excluded, or is in the name of the party
39to be excluded and any other party besides the petitioner.

P4    1(C) An order enjoining a party from specified behavior that the
2court determines is necessary to effectuate orders described in
3subparagraph (A) or (B).

4(4) “Respondent” means the person against whom the protective
5orders are sought and, if the petition is granted, the restrained
6person.

7(c) An order may be issued under this section, with or without
8notice, to restrain any person for the purpose of preventing a
9recurrence of abuse, if a declaration shows, to the satisfaction of
10the court, reasonable proof of a past act or acts of abuse of the
11petitioning elder or dependent adult.

12(d) Upon filing a petition for protective orders under this section,
13the petitioner may obtain a temporary restraining order in
14accordance with Section 527 of the Code of Civil Procedure, except
15to the extent this section provides a rule that is inconsistent. The
16temporary restraining order may include any of the protective
17orders described in paragraph (3) of subdivision (b). However, the
18court may issue an ex parte order excluding a party from the
19petitioner’s residence or dwelling only on a showing of all of the
20following:

21(1) Facts sufficient for the court to ascertain that the party who
22will stay in the dwelling has a right under color of law to possession
23of the premises.

24(2) That the party to be excluded has assaulted or threatens to
25assault the petitioner, other named family or household member
26of the petitioner, or a conservator of the petitioner.

27(3) That physical or emotional harm would otherwise result to
28the petitioner, other named family or household member of the
29petitioner, or a conservator of the petitioner.

30(e) A request for the issuance of a temporary restraining order
31without notice under this section shall be granted or denied on the
32same day that the petition is submitted to the court, unless the
33petition is filed too late in the day to permit effective review, in
34which case the order shall be granted or denied on the next day of
35judicial business in sufficient time for the order to be filed that day
36with the clerk of the court.

37(f) Within 21 days, or, if good cause appears to the court, 25
38days, from the date that a request for a temporary restraining order
39is granted or denied, a hearing shall be held on the petition. If no
40request for temporary orders is made, the hearing shall be held
P5    1within 21 days, or, if good cause appears to the court, 25 days,
2from the date that the petition is filed.

3(g) The respondent may file a response that explains or denies
4the alleged abuse.

5(h) The court may issue, upon notice and a hearing, any of the
6orders set forth in paragraph (3) of subdivision (b). The court may
7issue, after notice and hearing, an order excluding a person from
8a residence or dwelling if the court finds that physical or emotional
9harm would otherwise result to the petitioner, other named family
10or household member of the petitioner, or conservator of the
11petitioner.

12(i) (1) In the discretion of the court, an order issued after notice
13and a hearing under this section may have a duration of not more
14than five years, subject to termination or modification by further
15order of the court either on written stipulation filed with the court
16or on the motion of a party. These orders may be renewed upon
17the request of a party, either for five years or permanently, without
18a showing of any further abuse since the issuance of the original
19order, subject to termination or modification by further order of
20the court either on written stipulation filed with the court or on the
21motion of a party. The request for renewal may be brought at any
22time within the three months before the expiration of the order.

23(2) The failure to state the expiration date on the face of the
24form creates an order with a duration of three years from the date
25of issuance.

26(3) If an action is filed for the purpose of terminating or
27modifying a protective order prior to the expiration date specified
28in the order by a party other than the protected party, the party
29who is protected by the order shall be given notice, pursuant to
30subdivision (b) of Section 1005 of the Code of Civil Procedure,
31of the proceeding by personal service or, if the protected party has
32satisfied the requirements of Chapter 3.1 (commencing with
33Section 6205) of Division 7 of Title 1 of the Government Code,
34by service on the Secretary of State. If the party who is protected
35by the order cannot be notified prior to the hearing for modification
36or termination of the protective order, the court shall deny the
37motion to modify or terminate the order without prejudice or
38continue the hearing until the party who is protected can be
39properly noticed and may, upon a showing of good cause, specify
40another method for service of process that is reasonably designed
P6    1to afford actual notice to the protected party. The protected party
2may waive his or her right to notice if he or she is physically
3present in court and does not challenge the sufficiency of the notice.

4(j) In a proceeding under this section, a support person may
5accompany a party in court and, if the party is not represented by
6an attorney, may sit with the party at the table that is generally
7reserved for the party and the party’s attorney. The support person
8is present to provide moral and emotional support for a person
9who alleges he or she is a victim of abuse. The support person is
10not present as a legal adviser and may not provide legal advice.
11The support person may assist the person who alleges he or she is
12a victim of abuse in feeling more confident that he or she will not
13be injured or threatened by the other party during the proceedings
14if the person who alleges he or she is a victim of abuse and the
15other party are required to be present in close proximity. This
16subdivision does not preclude the court from exercising its
17discretion to remove the support person from the courtroom if the
18court believes the support person is prompting, swaying, or
19influencing the party assisted by the support person.

20(k) Upon the filing of a petition for protective orders under this
21section, the respondent shall be personally served with a copy of
22the petition, notice of the hearing or order to show cause, temporary
23restraining order, if any, and any declarations in support of the
24petition. Service shall be made at least five days before the hearing.
25The court may, on motion of the petitioner or on its own motion,
26shorten the time for service on the respondent.

27(l) A notice of hearing under this section shall notify the
28respondent that if he or she does not attend the hearing, the court
29may make orders against him or her that could last up to five years.

30(m) (1) The court may, upon the filing of a declaration by the
31petitioner that the respondent could not be served within the time
32required by statute, reissue an order previously issued and dissolved
33by the court for failure to serve the respondent. The reissued order
34shall remain in effect until the date set for the hearing.

35(2) The reissued order shall state on its face the date of
36expiration of the order.

37(n) (1) If a respondent, named in an order issued under this
38section after a hearing, has not been served personally with the
39order but has received actual notice of the existence and substance
40of the order through personal appearance in court to hear the terms
P7    1of the order from the court, no additional proof of service is
2required for enforcement of the order.

3(2) If the respondent named in a temporary restraining order is
4personally served with the order and notice of hearing with respect
5to a restraining order or protective order based on the temporary
6restraining order, but the respondent does not appear at the hearing,
7either personally or by an attorney, and the terms and conditions
8of the restraining order or protective order issued at the hearing
9are identical to the temporary restraining order, except for the
10duration of the order, then the restraining order or protective order
11issued at the hearing may be served on the respondent by first-class
12mail sent to the respondent at the most current address for the
13respondent that is available to the court.

14(3) The Judicial Council form for temporary orders issued
15pursuant to this subdivision shall contain a statement in
16substantially the following form:


18“If you have been personally served with a temporary restraining
19order and notice of hearing, but you do not appear at the hearing
20either in person or by a lawyer, and a restraining order that is the
21 same as this temporary restraining order except for the expiration
22date is issued at the hearing, a copy of the order will be served on
23you by mail at the following address: ____.

24If that address is not correct or you wish to verify that the
25temporary restraining order was converted to a restraining order
26at the hearing without substantive change and to find out the
27duration of that order, contact the clerk of the court.”


29(o) (1) Information onbegin delete anyend deletebegin insert aend insert protective order relating to elder
30or dependent adult abuse issued by a court pursuant to this section
31shall be transmitted to the Department of Justice in accordance
32with either paragraph (2) or (3).

33(2) The court shall order the petitioner or the attorney for the
34petitioner to deliver a copy of an order issued under this section,
35or a reissuance, extension, modification, or termination of the
36order, and any subsequent proof of service, by the close of the
37business day on which the order, reissuance, extension,
38modification, or termination was made, to each law enforcement
39agency having jurisdiction over the residence of the petitioner, and
P8    1to any additional law enforcement agencies within the court’s
2discretion as are requested by the petitioner.

3(3) Alternatively, the court or its designee shall transmit, within
4one business day, to law enforcement personnel all information
5required under subdivision (b) of Section 6380 of the Family Code
6regarding any order issued under this section, or a reissuance,
7extension, modification, or termination of the order, and any
8subsequent proof of service, by either one of the following
9methods:

10(A) Transmitting a physical copy of the order or proof of service
11to a local law enforcement agency authorized by the Department
12of Justice to enter orders into the California Law Enforcement
13Telecommunications System (CLETS).

14(B) With the approval of the Department of Justice, entering
15the order or proof of service into CLETS directly.

16(4) Each appropriate law enforcement agency shall make
17available information as to the existence and current status of these
18orders to law enforcement officers responding to the scene of
19 reported abuse.

20(5) An order issued under this section shall, on request of the
21petitioner, be served on the respondent, whether or not the
22respondent has been taken into custody, by any law enforcement
23officer who is present at the scene of reported abuse involving the
24parties to the proceeding. The petitioner shall provide the officer
25with an endorsed copy of the order and a proof of service, which
26the officer shall complete and send to the issuing court.

27(6) Upon receiving information at the scene of an incident of
28abuse that a protective order has been issued under this section,
29or that a person who has been taken into custody is the respondent
30to that order, if the protected person cannot produce an endorsed
31copy of the order, a law enforcement officer shall immediately
32attempt to verify the existence of the order.

33(7) If the law enforcement officer determines that a protective
34order has been issued, but not served, the officer shall immediately
35notify the respondent of the terms of the order and where a written
36copy of the order can be obtained, and the officer shall at that time
37also enforce the order. The law enforcement officer’s verbal notice
38of the terms of the order shall constitute service of the order and
39is sufficient notice for the purposes of this section and for the
40purposes of Section 273.6 of the Penal Code.

P9    1(p) Nothing in this section shall preclude either party from
2representation by private counsel or from appearing on the party’s
3own behalf.

4(q) There is no filing fee for a petition, response, or paper
5seeking the reissuance, modification, or enforcement of a protective
6order filed in a proceeding brought pursuant to this section.

7(r) Pursuant to paragraph (4) of subdivision (b) of Section 6103.2
8of the Government Code, a petitioner shall not be required to pay
9a fee for law enforcement to serve an order issued under this
10section.

11(s) The prevailing party inbegin delete anyend deletebegin insert anend insert action brought under this
12section may be awarded court costs and attorney’s fees, if any.

13(t) (1) A person subject to a protective order under this section
14shall not own, possess, purchase, receive, or attempt to receive a
15firearm or ammunition while the protective order is in effect.

16(2) The court shall order a person subject to a protective order
17issued under this section to relinquish any firearms he or she owns
18or possesses pursuant to Section 527.9 of the Code of Civil
19Procedure.

20(3) Every person who owns, possesses, purchases, or receives,
21or attempts to purchase or receive a firearm or ammunition while
22subject to a protective order issued under this section is punishable
23pursuant to Section 29825 of the Penal Code.

24(4) This subdivisionbegin delete shallend deletebegin insert doesend insert not apply in a case in whichbegin delete theend delete
25begin insert aend insert protective order issued under this section was made solely on
26the basis of financial abuse unaccompanied by force, threat,
27harassment, intimidation, or any other form of abuse.

28(u) Any willful disobedience of any temporary restraining order
29or restraining order after hearing granted under this section is
30punishable pursuant to Section 273.6 of the Penal Code.

31(v) This section does not apply to any action or proceeding
32governed by Title 1.6C (commencing with Section 1788) of Part
334 of Division 3 of the Civil Code, Chapter 3 (commencing with
34Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
35or Division 10 (commencing with Section 6200) of the Family
36Code. Nothing in this section shall preclude a petitioner’s right to
37use other existing civil remedies.

38(w) The Judicial Council shall develop forms, instructions, and
39rules relating to matters governed by this section. The petition and
P10   1response forms shall be simple and concise, and their use by parties
2in actions brought pursuant to this section shall be mandatory.

3(x) This section shall become inoperative on July 1, 2016, and,
4as of January 1, 2017, is repealed, unless a later enacted statute,
5that becomes operative on or before January 1, 2017, deletes or
6extends the dates on which it becomes inoperative and is repealed.

7begin insert

begin insertSEC. 3.1.end insert  

end insert

begin insertSection 15657.03 of the end insertbegin insertWelfare and Institutions
8Code
end insert
begin insert is amended to read:end insert

9

15657.03.  

(a) (1) An elder or dependent adult who has suffered
10begin delete abuseend deletebegin insert abuse,end insert as defined in Sectionbegin delete 15610.07end deletebegin insert 15610.07,end insert may seek
11protective orders as provided in this section.

12(2) A petition may be brought on behalf of an abused elder or
13dependent adult by a conservator or a trustee of the elder or
14dependent adult, an attorney-in-fact of an elder or dependent adult
15who acts within the authority ofbegin delete theend deletebegin insert aend insert power of attorney, a person
16appointed as a guardian ad litem for the elder or dependent adult,
17or other person legally authorized to seek such relief.

18(b) For the purposes of this section:

19(1) “Conservator” means the legally appointed conservator of
20the person or estate of the petitioner, or both.

21(2) “Petitioner” means the elder or dependent adult to be
22protected by the protective orders and, if the court grants the
23petition, the protected person.

24(3) “Protective order” means an order that includes any of the
25following restraining orders, whether issued ex parte, after notice
26and hearing, or in a judgment:

27(A) An order enjoining a party from abusing, intimidating,
28molesting, attacking, striking, stalking, threatening, sexually
29assaulting, battering, harassing, telephoning, including, but not
30limited to, making annoying telephone calls as described in Section
31653m of the Penal Code, destroying personal property, contacting,
32either directly or indirectly, by mail or otherwise, or coming within
33a specified distance of, or disturbing the peace of, the petitioner,
34and, in the discretion of the court, on a showing of good cause, of
35other named family or household members or a conservator, if
36any, of the petitioner.begin insert On a showing of good cause, in an order
37issued pursuant to this subparagraph in connection with an animal
38owned, possessed, leased, kept, or held by the petitioner, or
39residing in the residence or household of the petitioner, the court
40may do either or both of the following:end insert

begin insert

P11   1(i) Grant the petitioner exclusive care, possession, or control
2of the animal.

end insert
begin insert

3(ii) Order the respondent to stay away from the animal and
4refrain from taking, transferring, encumbering, concealing,
5molesting, attacking, striking, threatening, harming, or otherwise
6disposing of the animal.

end insert

7(B) An order excluding a party from the petitioner’s residence
8or dwelling, except that this order shall not be issued if legal or
9equitable title to, or lease of, the residence or dwelling is in the
10sole name of the party to be excluded, or is in the name of the party
11to be excluded and any other party besides the petitioner.

12(C) An order enjoining a party from specified behavior that the
13court determines is necessary to effectuate orders described in
14subparagraph (A) or (B).

15(4) “Respondent” means the person against whom the protective
16orders are sought and, if the petition is granted, the restrained
17person.

18(c) An order may be issued under this section, with or without
19notice, to restrain any person for the purpose of preventing a
20recurrence of abuse, if a declaration shows, to the satisfaction of
21the court, reasonable proof of a past act or acts of abuse of the
22petitioning elder or dependent adult.

23(d) Upon filing a petition for protective orders under this section,
24the petitioner may obtain a temporary restraining order in
25accordance with Section 527 of the Code of Civil Procedure, except
26to the extent this section provides a rule that is inconsistent. The
27temporary restraining order may include any of the protective
28orders described in paragraph (3) of subdivision (b). However, the
29court may issue an ex parte order excluding a party from the
30petitioner’s residence or dwelling only on a showing of all of the
31following:

32(1) Facts sufficient for the court to ascertain that the party who
33will stay in the dwelling has a right under color of law to possession
34of the premises.

35(2) That the party to be excluded has assaulted or threatens to
36assault the petitioner, other named family or household member
37of the petitioner, or a conservator of the petitioner.

38(3) That physical or emotional harm would otherwise result to
39the petitioner, other named family or household member of the
40petitioner, or a conservator of the petitioner.

P12   1(e) A request for the issuance of a temporary restraining order
2without notice under this section shall be granted or denied on the
3same day that the petition is submitted to the court, unless the
4petition is filed too late in the day to permit effective review, in
5which case the order shall be granted or denied on the next day of
6judicial business in sufficient time for the order to be filed that day
7with the clerk of the court.

8(f) Within 21 days, or, if good cause appears to the court, 25
9days, from the date that a request for a temporary restraining order
10is granted or denied, a hearing shall be held on the petition. If no
11request for temporary orders is made, the hearing shall be held
12within 21 days, or, if good cause appears to the court, 25 days,
13from the date that the petition is filed.

14(g) The respondent may file a response that explains or denies
15the alleged abuse.

16(h) The court may issue, upon notice and a hearing, any of the
17orders set forth in paragraph (3) of subdivision (b). The court may
18issue, after notice and hearing, an order excluding a person from
19a residence or dwelling if the court finds that physical or emotional
20harm would otherwise result to the petitioner, other named family
21or household member of the petitioner, or conservator of the
22petitioner.

23(i) (1) In the discretion of the court, an order issued after notice
24and a hearing under this section may have a duration of not more
25than five years, subject to termination or modification by further
26order of the court either on written stipulation filed with the court
27or on the motion of a party. These orders may be renewed upon
28the request of a party, either for five years or permanently, without
29a showing of any further abuse since the issuance of the original
30order, subject to termination or modification by further order of
31the court either on written stipulation filed with the court or on the
32motion of a party. The request for renewal may be brought at any
33time within the three months before the expiration of the order.

34(2) The failure to state the expiration date on the face of the
35form creates an order with a duration of three years from the date
36of issuance.

37(3) If an action is filed for the purpose of terminating or
38modifying a protective order prior to the expiration date specified
39in the order by a party other than the protected party, the party
40who is protected by the order shall be given notice, pursuant to
P13   1subdivision (b) of Section 1005 of the Code of Civil Procedure,
2of the proceeding by personal service or, if the protected party has
3satisfied the requirements of Chapter 3.1 (commencing with
4Section 6205) of Division 7 of Title 1 of the Government Code,
5by service on the Secretary of State. If the party who is protected
6by the order cannot be notified prior to the hearing for modification
7or termination of the protective order, the court shall deny the
8motion to modify or terminate the order without prejudice or
9continue the hearing until the party who is protected can be
10properly noticed and may, upon a showing of good cause, specify
11another method for service of process that is reasonably designed
12to afford actual notice to the protected party. The protected party
13may waive his or her right to notice if he or she is physically
14present in court and does not challenge the sufficiency of the notice.

15(j) In a proceeding under this section, a support person may
16accompany a party in court and, if the party is not represented by
17an attorney, may sit with the party at the table that is generally
18reserved for the party and the party’s attorney. The support person
19is present to provide moral and emotional support for a person
20who alleges he or she is a victim of abuse. The support person is
21not present as a legal adviser and may not provide legal advice.
22The support person may assist the person who alleges he or she is
23a victim of abuse in feeling more confident that he or she will not
24be injured or threatened by the other party during the proceedings
25if the person who alleges he or she is a victim of abuse and the
26other party are required to be present in close proximity. This
27subdivision does not preclude the court from exercising its
28discretion to remove the support person from the courtroom if the
29court believes the support person is prompting, swaying, or
30influencing the party assisted by the support person.

31(k) Upon the filing of a petition for protective orders under this
32section, the respondent shall be personally served with a copy of
33the petition, notice of the hearing or order to show cause, temporary
34restraining order, if any, and any declarations in support of the
35 petition. Service shall be made at least five days before the hearing.
36The court may, on motion of the petitioner or on its own motion,
37shorten the time for service on the respondent.

38(l) A notice of hearing under this section shall notify the
39respondent that if he or she does not attend the hearing, the court
40may make orders against him or her that could last up to five years.

P14   1(m) (1) The court may, upon the filing of a declaration by the
2petitioner that the respondent could not be served within the time
3required by statute, reissue an order previously issued and dissolved
4by the court for failure to serve the respondent. The reissued order
5shall remain in effect until the date set for the hearing.

6(2) The reissued order shall state on its face the date of
7expiration of the order.

8(n) (1) If a respondent, named in an order issued under this
9section after a hearing, has not been served personally with the
10order but has received actual notice of the existence and substance
11of the order through personal appearance in court to hear the terms
12of the order from the court, no additional proof of service is
13required for enforcement of the order.

14(2) If the respondent named in a temporary restraining order is
15personally served with the order and notice of hearing with respect
16to a restraining order or protective order based on the temporary
17restraining order, but the respondent does not appear at the hearing,
18either personally or by an attorney, and the terms and conditions
19of the restraining order or protective order issued at the hearing
20are identical to the temporary restraining order, except for the
21duration of the order, then the restraining order or protective order
22issued at the hearing may be served on the respondent by first-class
23mail sent to the respondent at the most current address for the
24respondent that is available to the court.

25(3) The Judicial Council form for temporary orders issued
26pursuant to this subdivision shall contain a statement in
27substantially the following form:


29“If you have been personally served with a temporary restraining
30order and notice of hearing, but you do not appear at the hearing
31either in person or by a lawyer, and a restraining order that is the
32same as this temporary restraining order except for the expiration
33date is issued at the hearing, a copy of the order will be served on
34you by mail at the following address: ____.

35If that address is not correct or you wish to verify that the
36temporary restraining order was converted to a restraining order
37at the hearing without substantive change and to find out the
38duration of that order, contact the clerk of the court.”


P15   1(o) (1) Information onbegin delete anyend deletebegin insert aend insert protective order relating to elder
2or dependent adult abuse issued by a court pursuant to this section
3shall be transmitted to the Department of Justice in accordance
4with either paragraph (2) or (3).

5(2) The court shall order the petitioner or the attorney for the
6petitioner to deliver a copy of an order issued under this section,
7or a reissuance, extension, modification, or termination of the
8order, and any subsequent proof of service, by the close of the
9business day on which the order, reissuance, extension,
10modification, or termination was made, to each law enforcement
11agency having jurisdiction over the residence of the petitioner, and
12to any additional law enforcement agencies within the court’s
13discretion as are requested by the petitioner.

14(3) Alternatively, the court or its designee shall transmit, within
15one business day, to law enforcement personnel all information
16required under subdivision (b) of Section 6380 of the Family Code
17regarding any order issued under this section, or a reissuance,
18extension, modification, or termination of the order, and any
19subsequent proof of service, by either one of the following
20methods:

21(A) Transmitting a physical copy of the order or proof of service
22to a local law enforcement agency authorized by the Department
23of Justice to enter orders into the California Law Enforcement
24 Telecommunications System (CLETS).

25(B) With the approval of the Department of Justice, entering
26the order or proof of service into CLETS directly.

27(4) Each appropriate law enforcement agency shall make
28available information as to the existence and current status of these
29orders to law enforcement officers responding to the scene of
30reported abuse.

31(5) An order issued under this section shall, on request of the
32petitioner, be served on the respondent, whether or not the
33respondent has been taken into custody, by any law enforcement
34officer who is present at the scene of reported abuse involving the
35parties to the proceeding. The petitioner shall provide the officer
36with an endorsed copy of the order and a proof of service, which
37the officer shall complete and send to the issuing court.

38(6) Upon receiving information at the scene of an incident of
39abuse that a protective order has been issued under this section,
40or that a person who has been taken into custody is the respondent
P16   1to that order, if the protected person cannot produce an endorsed
2copy of the order, a law enforcement officer shall immediately
3attempt to verify the existence of the order.

4(7) If the law enforcement officer determines that a protective
5order has been issued, but not served, the officer shall immediately
6notify the respondent of the terms of the order and where a written
7copy of the order can be obtained, and the officer shall at that time
8also enforce the order. The law enforcement officer’s verbal notice
9of the terms of the order shall constitute service of the order and
10is sufficient notice for the purposes of this section and for the
11purposes of Section 273.6 of the Penal Code.

12(p) Nothing in this section shall preclude either party from
13representation by private counsel or from appearing on the party’s
14own behalf.

15(q) There is no filing fee for a petition, response, or paper
16seeking the reissuance, modification, or enforcement of a protective
17order filed in a proceeding brought pursuant to this section.

18(r) Pursuant to paragraph (4) of subdivision (b) of Section 6103.2
19of the Government Code, a petitioner shall not be required to pay
20a fee for law enforcement to serve an order issued under this
21section.

22(s) The prevailing party inbegin delete anyend deletebegin insert anend insert action brought under this
23section may be awarded court costs and attorney’s fees, if any.

24(t) (1) A person subject to a protective order under this section
25shall not own, possess, purchase, receive, or attempt to receive a
26firearm or ammunition while the protective order is in effect.

27(2) The court shall order a person subject to a protective order
28issued under this section to relinquish any firearms he or she owns
29or possesses pursuant to Section 527.9 of the Code of Civil
30Procedure.

31(3) Every person who owns, possesses, purchases, or receives,
32or attempts to purchase or receive a firearm or ammunition while
33subject to a protective order issued under this section is punishable
34pursuant to Section 29825 of the Penal Code.

35(4) This subdivisionbegin delete shallend deletebegin insert doesend insert not apply in a case in whichbegin delete theend delete
36begin insert aend insert protective order issued under this section was made solely on
37the basis of financial abuse unaccompanied by force, threat,
38harassment, intimidation, or any other form of abuse.

P17   1(u) 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) This section does not apply to any action or proceeding
5 governed by Title 1.6C (commencing with Section 1788) of Part
64 of Division 3 of the Civil Code,begin delete byend delete Chapter 3 (commencing with
7Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
8orbegin delete byend delete Division 10 (commencing with Section 6200) of the Family
9Code. Nothing in this section shall preclude a petitioner’s right to
10use other existing civil remedies.

11(w) The Judicial Council shall develop forms, instructions, and
12rules relating to matters governed by this section. The petition and
13response forms shall be simple and concise, and their use by parties
14in actions brought pursuant to this section shall be mandatory.

begin insert

15(x) This section shall become inoperative on July 1, 2016, and,
16as of January 1, 2017, is repealed, unless a later enacted statute,
17that becomes operative on or before January 1, 2017, deletes or
18extends the dates on which it becomes inoperative and is repealed.

end insert
19begin insert

begin insertSEC. 3.2.end insert  

end insert

begin insertSection 15657.03 of the end insertbegin insertWelfare and Institutions
20Code
end insert
begin insert is amended to read:end insert

21

15657.03.  

(a) (1) An elder or dependent adult who has suffered
22begin delete abuseend deletebegin insert abuse,end insert as defined in Sectionbegin delete 15610.07end deletebegin insert 15610.07,end insert may seek
23protective orders as provided in this section.

24(2) A petition may be brought on behalf of an abused elder or
25dependent adult by a conservator or a trustee of the elder or
26dependent adult, an attorney-in-fact of an elder or dependent adult
27who acts within the authority ofbegin delete theend deletebegin insert aend insert power of attorney, a person
28appointed as a guardian ad litem for the elder or dependent adult,
29or other person legally authorized to seek such relief.

30(b) For the purposes of this section:

31(1) “Conservator” means the legally appointed conservator of
32the person or estate of the petitioner, or both.

33(2) “Petitioner” means the elder or dependent adult to be
34protected by the protective orders and, if the court grants the
35petition, the protected person.

36(3) “Protective order” means an order that includes any of the
37following restraining orders, whether issued ex parte, after notice
38and hearing, or in a judgment:

39(A) An order enjoining a party from abusing, intimidating,
40molesting, attacking, striking, stalking, threatening, sexually
P18   1assaulting, battering, harassing, telephoning, including, but not
2limited to, making annoying telephone calls as described in Section
3653m of the Penal Code, destroying personal property, contacting,
4either directly or indirectly, by mail or otherwise, or coming within
5a specified distance of, or disturbing the peace of, the petitioner,
6and, in the discretion of the court, on a showing of good cause, of
7other named family or household members or a conservator, if
8any, of the petitioner.

9(B) An order excluding a party from the petitioner’s residence
10or dwelling, except that this order shall not be issued if legal or
11equitable title to, or lease of, the residence or dwelling is in the
12sole name of the party to be excluded, or is in the name of the party
13to be excluded and any other party besides the petitioner.

14(C) An order enjoining a party from specified behavior that the
15court determines is necessary to effectuate orders described in
16subparagraph (A) or (B).

17(4) “Respondent” means the person against whom the protective
18orders are sought and, if the petition is granted, the restrained
19person.

20(c) An order may be issued under this section, with or without
21notice, to restrain any person for the purpose of preventing a
22recurrence of abuse, if a declaration shows, to the satisfaction of
23the court, reasonable proof of a past act or acts of abuse of the
24petitioning elder or dependent adult.

25(d) Upon filing a petition for protective orders under this section,
26the petitioner may obtain a temporary restraining order in
27accordance with Section 527 of the Code of Civil Procedure, except
28to the extent this section provides a rule that is inconsistent. The
29temporary restraining order may include any of the protective
30orders described in paragraph (3) of subdivision (b). However, the
31court may issue an ex parte order excluding a party from the
32petitioner’s residence or dwelling only on a showing of all of the
33following:

34(1) Facts sufficient for the court to ascertain that the party who
35will stay in the dwelling has a right under color of law to possession
36of the premises.

37(2) That the party to be excluded has assaulted or threatens to
38assault the petitioner, other named family or household member
39of the petitioner, or a conservator of the petitioner.

P19   1(3) That physical or emotional harm would otherwise result to
2the petitioner, other named family or household member of the
3petitioner, or a conservator of the petitioner.

4(e) A request for the issuance of a temporary restraining order
5without notice under this section shall be granted or denied on the
6same day that the petition is submitted to the court, unless the
7petition is filed too late in the day to permit effective review, in
8which case the order shall be granted or denied on the next day of
9judicial business in sufficient time for the order to be filed that day
10with the clerk of the court.

11(f) Within 21 days, or, if good cause appears to the court, 25
12days, from the date that a request for a temporary restraining order
13is granted or denied, a hearing shall be held on the petition. If no
14request for temporary orders is made, the hearing shall be held
15within 21 days, or, if good cause appears to the court, 25 days,
16from the date that the petition is filed.

17(g) The respondent may file a response that explains or denies
18the alleged abuse.

19(h) The court may issue, upon notice and a hearing, any of the
20orders set forth in paragraph (3) of subdivision (b). The court may
21issue, after notice and hearing, an order excluding a person from
22a residence or dwelling if the court finds that physical or emotional
23harm would otherwise result to the petitioner, other named family
24or household member of the petitioner, or conservator of the
25petitioner.

26(i) (1) In the discretion of the court, an order issued after notice
27and a hearing under this section may have a duration of not more
28than five years, subject to termination or modification by further
29order of the court either on written stipulation filed with the court
30or on the motion of a party. These orders may be renewed upon
31the request of a party, either for five years or permanently, without
32a showing of any further abuse since the issuance of the original
33order, subject to termination or modification by further order of
34the court either on written stipulation filed with the court or on the
35motion of a party. The request for renewal may be brought at any
36time within the three months before the expiration of the order.

37(2) The failure to state the expiration date on the face of the
38form creates an order with a duration of three years from the date
39of issuance.

P20   1(3) If an action is filed for the purpose of terminating or
2modifying a protective order prior to the expiration date specified
3in the order by a party other than the protected party, the party
4who is protected by the order shall be given notice, pursuant to
5subdivision (b) of Section 1005 of the Code of Civil Procedure,
6of the proceeding by personal service or, if the protected party has
7satisfied the requirements of Chapter 3.1 (commencing with
8Section 6205) of Division 7 of Title 1 of the Government Code,
9by service on the Secretary of State. If the party who is protected
10by the order cannot be notified prior to the hearing for modification
11or termination of the protective order, the court shall deny the
12motion to modify or terminate the order without prejudice or
13continue the hearing until the party who is protected can be
14properly noticed and may, upon a showing of good cause, specify
15another method for service of process that is reasonably designed
16to afford actual notice to the protected party. The protected party
17may waive his or her right to notice if he or she is physically
18present in court and does not challenge the sufficiency of the notice.

19(j) In a proceeding under this section, a support person may
20accompany a party in court and, if the party is not represented by
21an attorney, may sit with the party at the table that is generally
22reserved for the party and the party’s attorney. The support person
23is present to provide moral and emotional support for a person
24who alleges he or she is a victim of abuse. The support person is
25not present as a legal adviser and may not provide legal advice.
26The support person may assist the person who alleges he or she is
27a victim of abuse in feeling more confident that he or she will not
28be injured or threatened by the other party during the proceedings
29if the person who alleges he or she is a victim of abuse and the
30other party are required to be present in close proximity. This
31subdivision does not preclude the court from exercising its
32discretion to remove the support person from the courtroom if the
33court believes the support person is prompting, swaying, or
34influencing the party assisted by the support person.

35(k) Upon the filing of a petition for protective orders under this
36section, the respondent shall be personally served with a copy of
37the petition, notice of the hearing or order to show cause, temporary
38restraining order, if any, and any declarations in support of the
39petition. Service shall be made at least five days before the hearing.
P21   1The court may, on motion of the petitioner or on its own motion,
2shorten the time for service on the respondent.

3(l) A notice of hearing under this section shall notify the
4respondent that if he or she does not attend the hearing, the court
5may make orders against him or her that could last up to five years.

begin delete

6(m) (1) The court may, upon the filing of a declaration by the
7petitioner that the respondent could not be served within the time
8required by statute, reissue an order previously issued and dissolved
9by the court for failure to serve the respondent. The reissued order
10shall remain in effect until the date set for the hearing.

end delete
begin delete

11(2) The reissued order shall state on its face the date of
12expiration of the order.

end delete
begin insert

13(m) The respondent shall be entitled, as a matter of course, to
14one continuance, for a reasonable period, to respond to the
15petition.

end insert
begin insert

16(n) (1) Either party may request a continuance of the hearing,
17which the court shall grant on a showing of good cause. The
18request may be made in writing before or at the hearing or orally
19at the hearing. The court may also grant a continuance on its own
20motion.

end insert
begin insert

21(2) If the court grants a continuance, any temporary restraining
22order that has been granted shall remain in effect until the end of
23the continued hearing, unless otherwise ordered by the court. In
24granting a continuance, the court may modify or terminate a
25temporary restraining order.

end insert
begin delete

26(n)

end delete

27begin insert(end insertbegin inserto)end insert (1) If a respondent, named in an order issued under this
28section after a hearing, has not been served personally with the
29order but has received actual notice of the existence and substance
30of the order through personal appearance in court to hear the terms
31of the order from the court, no additional proof of service is
32required for enforcement of the order.

33(2) If the respondent named in a temporary restraining order is
34personally served with the order and notice of hearing with respect
35to a restraining order or protective order based on the temporary
36restraining order, but the respondent does not appear at the hearing,
37either personally or by an attorney, and the terms and conditions
38of the restraining order or protective order issued at the hearing
39are identical to the temporary restraining order, except for the
40duration of the order, then the restraining order or protective order
P22   1issued at the hearing may be served on the respondent by first-class
2mail sent to the respondent at the most current address for the
3respondent that is available to the court.

4(3) The Judicial Council form for temporary orders issued
5pursuant to this subdivision shall contain a statement in
6substantially the following form:


8“If you have been personally served with a temporary restraining
9order and notice of hearing, but you do not appear at the hearing
10either in person or by a lawyer, and a restraining order that is the
11same as this temporary restraining order except for the expiration
12date is issued at the hearing, a copy of the order will be served on
13you by mail at the following address: ____.

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


begin delete

19(o)

end delete

20begin insert(end insertbegin insertp)end insert (1) Information onbegin delete anyend deletebegin insert aend insert protective order relating to elder
21or dependent adult abuse issued by a court pursuant to this section
22shall be transmitted to the Department of Justice in accordance
23with either paragraph (2) or (3).

24(2) The court shall order the petitioner or the attorney for the
25petitioner to deliver a copy of an order issued under this section,
26or a reissuance, extension, modification, or termination of the
27order, and any subsequent proof of service, by the close of the
28business day on which the order, reissuance, extension,
29modification, or termination was made, to each law enforcement
30agency having jurisdiction over the residence of the petitioner, and
31to any additional law enforcement agencies within the court’s
32discretion as are requested by the petitioner.

33(3) Alternatively, the court or its designee shall transmit, within
34one business day, to law enforcement personnel all information
35required under subdivision (b) of Section 6380 of the Family Code
36regarding any order issued under this section, or a reissuance,
37extension, modification, or termination of the order, and any
38subsequent proof of service, by either one of the following
39methods:

P23   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.

begin delete

32(p)

end delete

33begin insert(end insertbegin insertq)end insert Nothing in this section shall preclude either party from
34representation by private counsel or from appearing on the party’s
35own behalf.

begin delete

36(q)

end delete

37begin insert(end insertbegin insertr)end insert There is no filing fee for a petition, response, or paper
38seeking the reissuance, modification, or enforcement of a protective
39order filed in a proceeding brought pursuant to this section.

begin delete

40(r)

end delete

P24   1begin insert(end insertbegin inserts)end insert Pursuant to paragraph (4) of subdivision (b) of Section
26103.2 of the Government Code, a petitioner shall not be required
3to pay a fee for law enforcement to serve an order issued under
4this section.

begin delete

5(s)

end delete

6begin insert(end insertbegin insertt)end insert The prevailing party inbegin delete anyend deletebegin insert anend insert action brought under this
7section may be awarded court costs and attorney’s fees, if any.

begin delete

8(t)

end delete

9begin insert(end insertbegin insertu)end insert (1) A person subject to a protective order under this section
10shall not own, possess, purchase, receive, or attempt to receive a
11firearm or ammunition while the protective order is in effect.

12(2) The court shall order a person subject to a protective order
13issued under this section to relinquish any firearms he or she owns
14or possesses pursuant to Section 527.9 of the Code of Civil
15Procedure.

16(3) Every person who owns, possesses, purchases, or receives,
17or attempts to purchase or receive a firearm or ammunition while
18subject to a protective order issued under this section is punishable
19pursuant to Section 29825 of the Penal Code.

20(4) This subdivisionbegin delete shallend deletebegin insert doesend insert not apply in a case in whichbegin delete theend delete
21begin insert aend insert protective order issued under this section was made solely on
22the basis of financial abuse unaccompanied by force, threat,
23harassment, intimidation, or any other form of abuse.

begin delete

24(u)

end delete

25begin insert(end insertbegin insertv)end insert Any willful disobedience of any temporary restraining order
26or restraining order after hearing granted under this section is
27punishable pursuant to Section 273.6 of the Penal Code.

begin delete

28(v)

end delete

29begin insert(end insertbegin insertw)end insert This section does not apply to any action or proceeding
30governed by Title 1.6C (commencing with Section 1788) of Part
314 of Division 3 of the Civil Code,begin delete byend delete Chapter 3 (commencing with
32Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
33orbegin delete byend delete Division 10 (commencing with Section 6200) of the Family
34Code. Nothing in this section shall preclude a petitioner’s right to
35use other existing civil remedies.

begin delete

36(w)

end delete

37begin insert(end insertbegin insertx)end insert The Judicial Council shall develop forms, instructions, and
38rules relating to matters governed by this section. The petition and
39response forms shall be simple and concise, and their use by parties
40in actions brought pursuant to this section shall be mandatory.

begin insert

P25   1(y) This section shall become inoperative on July 1, 2016, and,
2as of January 1, 2017, is repealed, unless a later enacted statute,
3that becomes operative on or before January 1, 2017, deletes or
4extends the dates on which it becomes inoperative and is repealed.

end insert
5begin insert

begin insertSEC. 3.3.end insert  

end insert

begin insertSection 15657.03 of the end insertbegin insertWelfare and Institutions
6Code
end insert
begin insert is amended to read:end insert

7

15657.03.  

(a) (1) An elder or dependent adult who has suffered
8begin delete abuseend deletebegin insert abuse,end insert as defined in Sectionbegin delete 15610.07end deletebegin insert 15610.07,end insert may seek
9protective orders as provided in this section.

10(2) A petition may be brought on behalf of an abused elder or
11dependent adult by a conservator or a trustee of the elder or
12dependent adult, an attorney-in-fact of an elder or dependent adult
13who acts within the authority ofbegin delete theend deletebegin insert aend insert power of attorney, a person
14appointed as a guardian ad litem for the elder or dependent adult,
15or other person legally authorized to seek such relief.

16(b) For the purposes of this section:

17(1) “Conservator” means the legally appointed conservator of
18the person or estate of the petitioner, or both.

19(2) “Petitioner” means the elder or dependent adult to be
20protected by the protective orders and, if the court grants the
21petition, the protected person.

22(3) “Protective order” means an order that includes any of the
23following restraining orders, whether issued ex parte, after notice
24and hearing, or in a judgment:

25(A) An order enjoining a party from abusing, intimidating,
26molesting, attacking, striking, stalking, threatening, sexually
27assaulting, battering, harassing, telephoning, including, but not
28limited to, making annoying telephone calls as described in Section
29653m of the Penal Code, destroying personal property, contacting,
30either directly or indirectly, by mail or otherwise, or coming within
31a specified distance of, or disturbing the peace of, the petitioner,
32and, in the discretion of the court, on a showing of good cause, of
33other named family or household members or a conservator, if
34any, of the petitioner.begin insert On a showing of good cause, in an order
35issued pursuant to this subparagraph in connection with an animal
36owned, possessed, leased, kept, or held by the petitioner, or
37residing in the residence or household of the petitioner, the court
38may do either or both of the following:end insert

begin insert

39(i) Grant the petitioner exclusive care, possession, or control
40of the animal.

end insert
begin insert

P26   1(ii) Order the respondent to stay away from the animal and
2refrain from taking, transferring, encumbering, concealing,
3molesting, attacking, striking, threatening, harming, or otherwise
4disposing of the animal.

end insert

5(B) An order excluding a party from the petitioner’s residence
6or dwelling, except that this order shall not be issued if legal or
7equitable title to, or lease of, the residence or dwelling is in the
8sole name of the party to be excluded, or is in the name of the party
9to be excluded and any other party besides the petitioner.

10(C) An order enjoining a party from specified behavior that the
11court determines is necessary to effectuate orders described in
12subparagraph (A) or (B).

13(4) “Respondent” means the person against whom the protective
14orders are sought and, if the petition is granted, the restrained
15person.

16(c) An order may be issued under this section, with or without
17notice, to restrain any person for the purpose of preventing a
18recurrence of abuse, if a declaration shows, to the satisfaction of
19the court, reasonable proof of a past act or acts of abuse of the
20petitioning elder or dependent adult.

21(d) Upon filing a petition for protective orders under this section,
22the petitioner may obtain a temporary restraining order in
23accordance with Section 527 of the Code of Civil Procedure, except
24to the extent this section provides a rule that is inconsistent. The
25temporary restraining order may include any of the protective
26orders described in paragraph (3) of subdivision (b). However, the
27court may issue an ex parte order excluding a party from the
28petitioner’s residence or dwelling only on a showing of all of the
29following:

30(1) Facts sufficient for the court to ascertain that the party who
31will stay in the dwelling has a right under color of law to possession
32of the premises.

33(2) That the party to be excluded has assaulted or threatens to
34assault the petitioner, other named family or household member
35of the petitioner, or a conservator of the petitioner.

36(3) That physical or emotional harm would otherwise result to
37the petitioner, other named family or household member of the
38petitioner, or a conservator of the petitioner.

39(e) A request for the issuance of a temporary restraining order
40without notice under this section shall be granted or denied on the
P27   1same day that the petition is submitted to the court, unless the
2petition is filed too late in the day to permit effective review, in
3which case the order shall be granted or denied on the next day of
4judicial business in sufficient time for the order to be filed that day
5with the clerk of the court.

6(f) Within 21 days, or, if good cause appears to the court, 25
7days, from the date that a request for a temporary restraining order
8is granted or denied, a hearing shall be held on the petition. If no
9request for temporary orders is made, the hearing shall be held
10within 21 days, or, if good cause appears to the court, 25 days,
11from the date that the petition is filed.

12(g) The respondent may file a response that explains or denies
13the alleged abuse.

14(h) The court may issue, upon notice and a hearing, any of the
15orders set forth in paragraph (3) of subdivision (b). The court may
16issue, after notice and hearing, an order excluding a person from
17a residence or dwelling if the court finds that physical or emotional
18harm would otherwise result to the petitioner, other named family
19or household member of the petitioner, or conservator of the
20petitioner.

21(i) (1) In the discretion of the court, an order issued after notice
22and a hearing under this section may have a duration of not more
23than five years, subject to termination or modification by further
24order of the court either on written stipulation filed with the court
25or on the motion of a party. These orders may be renewed upon
26the request of a party, either for five years or permanently, without
27a showing of any further abuse since the issuance of the original
28order, subject to termination or modification by further order of
29the court either on written stipulation filed with the court or on the
30motion of a party. The request for renewal may be brought at any
31time within the three months before the expiration of the order.

32(2) The failure to state the expiration date on the face of the
33form creates an order with a duration of three years from the date
34of issuance.

35(3) If an action is filed for the purpose of terminating or
36modifying a protective order prior to the expiration date specified
37in the order by a party other than the protected party, the party
38who is protected by the order shall be given notice, pursuant to
39subdivision (b) of Section 1005 of the Code of Civil Procedure,
40of the proceeding by personal service or, if the protected party has
P28   1satisfied the requirements of Chapter 3.1 (commencing with
2Section 6205) of Division 7 of Title 1 of the Government Code,
3by service on the Secretary of State. If the party who is protected
4by the order cannot be notified prior to the hearing for modification
5or termination of the protective order, the court shall deny the
6motion to modify or terminate the order without prejudice or
7continue the hearing until the party who is protected can be
8properly noticed and may, upon a showing of good cause, specify
9another method for service of process that is reasonably designed
10to afford actual notice to the protected party. The protected party
11may waive his or her right to notice if he or she is physically
12present in court and does not challenge the sufficiency of the notice.

13(j) In a proceeding under this section, a support person may
14accompany a party in court and, if the party is not represented by
15an attorney, may sit with the party at the table that is generally
16reserved for the party and the party’s attorney. The support person
17is present to provide moral and emotional support for a person
18who alleges he or she is a victim of abuse. The support person is
19not present as a legal adviser and may not provide legal advice.
20The support person may assist the person who alleges he or she is
21a victim of abuse in feeling more confident that he or she will not
22be injured or threatened by the other party during the proceedings
23if the person who alleges he or she is a victim of abuse and the
24other party are required to be present in close proximity. This
25subdivision does not preclude the court from exercising its
26discretion to remove the support person from the courtroom if the
27court believes the support person is prompting, swaying, or
28influencing the party assisted by the support person.

29(k) Upon the filing of a petition for protective orders under this
30section, the respondent shall be personally served with a copy of
31the petition, notice of the hearing or order to show cause, temporary
32restraining order, if any, and any declarations in support of the
33 petition. Service shall be made at least five days before the hearing.
34The court may, on motion of the petitioner or on its own motion,
35shorten the time for service on the respondent.

36(l) A notice of hearing under this section shall notify the
37respondent that if he or she does not attend the hearing, the court
38may make orders against him or her that could last up to five years.

begin delete

39(m) (1) The court may, upon the filing of a declaration by the
40petitioner that the respondent could not be served within the time
P29   1required by statute, reissue an order previously issued and dissolved
2by the court for failure to serve the respondent. The reissued order
3shall remain in effect until the date set for the hearing.

end delete
begin delete

4(2) The reissued order shall state on its face the date of
5expiration of the order.

end delete
begin insert

6(m) The respondent shall be entitled, as a matter of course, to
7one continuance, for a reasonable period, to respond to the
8petition.

end insert
begin insert

9(n) (1) Either party may request a continuance of the hearing,
10which the court shall grant on a showing of good cause. The
11request may be made in writing before or at the hearing or orally
12at the hearing. The court may also grant a continuance on its own
13motion.

end insert
begin insert

14(2) If the court grants a continuance, any temporary restraining
15order that has been granted shall remain in effect until the end of
16the continued hearing, unless otherwise ordered by the court. In
17granting a continuance, the court may modify or terminate a
18temporary restraining order.

end insert
begin delete

19(n)

end delete

20begin insert(end insertbegin inserto)end insert (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:


P30   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.”


begin delete

12(o)

end delete

13begin insert(end insertbegin insertp)end insert (1) Information onbegin delete anyend deletebegin insert aend insert protective order relating to elder
14or dependent adult abuse issued by a court pursuant to this section
15shall be transmitted to the Department of Justice in accordance
16with either paragraph (2) or (3).

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

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

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

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

39(4) Each appropriate law enforcement agency shall make
40available information as to the existence and current status of these
P31   1orders to law enforcement officers responding to the scene of
2 reported 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.

begin delete

24(p)

end delete

25begin insert(end insertbegin insertq)end insert Nothing in this section shall preclude either party from
26representation by private counsel or from appearing on the party’s
27own behalf.

begin delete

28(q)

end delete

29begin insert(end insertbegin insertr)end insert There is no filing fee for a petition, response, or paper
30seeking the reissuance, modification, or enforcement of a protective
31order filed in a proceeding brought pursuant to this section.

begin delete

32(r)

end delete

33begin insert(end insertbegin inserts)end insert Pursuant to paragraph (4) of subdivision (b) of Section
346103.2 of the Government Code, a petitioner shall not be required
35to pay a fee for law enforcement to serve an order issued under
36this section.

begin delete

37(s)

end delete

38begin insert(end insertbegin insertt)end insert The prevailing party inbegin delete anyend deletebegin insert anend insert action brought under this
39section may be awarded court costs and attorney’s fees, if any.

begin delete

40(t)

end delete

P32   1begin insert(end insertbegin insertu)end insert (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 subdivisionbegin delete shallend deletebegin insert doesend insert not apply in a case in whichbegin delete theend delete
13begin insert aend insert protective order issued under this section was made solely on
14the basis of financial abuse unaccompanied by force, threat,
15harassment, intimidation, or any other form of abuse.

begin delete

16(u)

end delete

17begin insert(end insertbegin insertv)end insert Any willful disobedience of any temporary restraining order
18or restraining order after hearing granted under this section is
19punishable pursuant to Section 273.6 of the Penal Code.

begin delete

20(v)

end delete

21begin insert(end insertbegin insertw)end insert 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,begin delete byend delete Chapter 3 (commencing with
24Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
25orbegin delete byend delete 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.

begin delete

28(w)

end delete

29begin insert(xend insertbegin insert)end insert The Judicial Council shall develop forms, instructions, and
30rules relating to matters governed by this section. The petition and
31response forms shall be simple and concise, and their use by parties
32in actions brought pursuant to this section shall be mandatory.

begin insert

33(y) This section shall become inoperative on July 1, 2016, and,
34as of January 1, 2017, is repealed, unless a later enacted statute,
35that becomes operative on or before January 1, 2017, deletes or
36extends the dates on which it becomes inoperative and is repealed.

end insert
37

SEC. 4.  

Section 15657.03 is added to the Welfare and
38Institutions Code
, to read:

39

15657.03.  

(a) (1) An elder or dependent adult who has suffered
40abuse may seek protective orders as provided in this section.

P33   1(2) A petition may be brought on behalf of an abused elder or
2dependent adult by a conservator or a trustee of the elder or
3dependent adult, an attorney-in-fact of an elder or dependent adult
4who acts within the authority of the power of attorney, a person
5appointed as a guardian ad litem for the elder or dependent adult,
6or other person legally authorized to seek the relief.

7(3) (A) A petition under this section may be brought on behalf
8of an elder or dependent adult by a county adult protective services
9agency in either of the following circumstances:

10(i) If the elder or dependent adult has suffered abuse as defined
11in subdivision (b) and has an impaired ability to appreciate and
12understand the circumstances that place him or her at risk of harm.

13(ii) If the elder or dependent adult has provided written
14authorization to a county adult protective services agency to act
15on his or her behalf.

16(B) In the case of a petition filed pursuant to clause (i) of
17subparagraph (A) by a county adult protective services agency, a
18referral shall be made to the public guardian consistent with Section
192920 of the Probate Code prior to or concurrent with the filing of
20the petition, unless a petition for appointment of a conservator has
21already been filed with the probate court by the public guardian
22or another party.

23(C) A county adult protective services agency shall be subject
24to any confidentiality restrictions that otherwise apply to its
25activities under law and shall disclose only those facts as necessary
26to establish reasonable cause for the filing of the petition, including,
27in the case of a petition filed pursuant to clause (i) of subparagraph
28(A), to establish the agency’s belief that the elder or dependent
29adult has suffered abuse and has an impaired ability to appreciate
30and understand the circumstances that place him or her at risk, and
31as may be requested by the court in determining whether to issue
32an order under this section.

33(b) For the purposes of this section:

34(1) “Abuse” has the meaning set forth in Section 15610.07.

35(2) “Conservator” means the legally appointed conservator of
36the person or estate of the petitioner, or both.

37(3) “Petitioner” means the elder or dependent adult to be
38protected by the protective orders and, if the court grants the
39petition, the protected person.

P34   1(4) “Protective order” means an order that includes any of the
2following restraining orders, whether issued ex parte, after notice
3and hearing, or in a judgment:

4(A) An order enjoining a party from abusing, intimidating,
5molesting, attacking, striking, stalking, threatening, sexually
6assaulting, battering, harassing, telephoning, including, but not
7limited to, making annoying telephone calls as described in Section
8653m of the Penal Code, destroying personal property, contacting,
9either directly or indirectly, by mail or otherwise, or coming within
10a specified distance of, or disturbing the peace of, the petitioner,
11and, in the discretion of the court, on a showing of good cause, of
12other named family or household members or a conservator, if
13any, of the petitioner.

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

19(C) An order enjoining a party from specified behavior that the
20court determines is necessary to effectuate orders described in
21subparagraph (A) or (B).

22(5) “Respondent” means the person against whom the protective
23orders are sought and, if the petition is granted, the restrained
24person.

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

30(d) Upon filing a petition for protective orders under this section,
31the petitioner may obtain a temporary restraining order in
32accordance with Section 527 of the Code of Civil Procedure, except
33to the extent this section provides a rule that is inconsistent. The
34temporary restraining order may include any of the protective
35orders described in paragraph (4) of subdivision (b). However, the
36court may issue an ex parte order excluding a party from the
37petitioner’s residence or dwelling only on a showing of all of the
38following:

P35   1(1) Facts sufficient for the court to ascertain that the party who
2will stay in the dwelling has a right under color of law to possession
3of the premises.

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

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

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

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

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

25(h) The court may issue, upon notice and a hearing, any of the
26orders set forth in paragraph (4) of subdivision (b). The court may
27issue, after notice and hearing, an order excluding a person from
28a residence or dwelling if the court finds that physical or emotional
29harm would otherwise result to the petitioner, other named family
30or household member of the petitioner, or conservator of the
31petitioner.

32(i) (1) In the discretion of the court, an order issued after notice
33and a hearing under this section may have a duration of not more
34than five years, subject to termination or modification by further
35order of the court either on written stipulation filed with the court
36or on the motion of a party. These orders may be renewed upon
37the request of a party, either for five years or permanently, without
38a showing of any further abuse since the issuance of the original
39order, subject to termination or modification by further order of
40the court either on written stipulation filed with the court or on the
P36   1motion of a party. The request for renewal may be brought at any
2time within the three months before the expiration of the order.

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

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

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

P37   1(k) Upon the filing of a petition for protective orders under this
2section, the respondent shall be personally served with a copy of
3the petition, notice of the hearing or order to show cause, temporary
4restraining order, if any, and any declarations in support of the
5petition. Service shall be made at least five days before the hearing.
6The court may, on motion of the petitioner or on its own motion,
7shorten the time for service on the respondent.

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

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

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

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

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

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


39“If you have been personally served with a temporary restraining
40order and notice of hearing, but you do not appear at the hearing
P38   1either in person or by a lawyer, and a restraining order that is the
2same as this temporary restraining order except for the expiration
3date is issued at the hearing, a copy of the order will be served on
4you by mail at the following address: ____.

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


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

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

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

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

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

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

P39   1(5) An order issued under this section shall, on request of the
2petitioner, be served on the respondent, whether or not the
3respondent has been taken into custody, by any law enforcement
4officer who is present at the scene of reported abuse involving the
5parties to the proceeding. The petitioner shall provide the officer
6with an endorsed copy of the order and a proof of service, which
7the officer shall complete and send to the issuing court.

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

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

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

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

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

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

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

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

P40   1(3) Every person who owns, possesses, purchases, or receives,
2or attempts to purchase or receive a firearm or ammunition while
3subject to a protective order issued under this section is punishable
4pursuant to Section 29825 of the Penal Code.

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

9(u) In a proceeding brought under paragraph (3) of subdivision
10(a), all of the following apply:

11(1) Upon the filing of a petition for a protective order, the elder
12or dependent adult on whose behalf the petition has been filed
13shall receive a copy of the petition, a notice of the hearing, and
14any declarations submitted in support of the petition. The elder or
15dependent adult shall receive this information at least five days
16before the hearing. The court may, on motion of the petitioner or
17on its own motion, shorten the time for provision of this
18information to the elder or dependent adult.

19(2) The adult protective services agency shall make reasonable
20efforts to assist the elder or dependent adult to attend the hearing
21and provide testimony to the court, if he or she wishes to do so. If
22the elder or dependent adult does not attend the hearing, the agency
23shall provide information to the court at the hearing regarding the
24reasons why the elder or dependent adult is not in attendance.

25(3) Upon the filing of a petition for a protective order and upon
26issuance of an order granting the petition, the county adult
27protective services agency shall take all reasonable steps to provide
28for the safety of the elder or dependent adult, pursuant to Chapter
2913 (commencing with Section 15750), which may include, but are
30not limited to, facilitating the location of alternative
31accommodations for the elder or dependent adult, if needed.

32(v) Any willful disobedience of any temporary restraining order
33or restraining order after hearing granted under this section is
34punishable pursuant to Section 273.6 of the Penal Code.

35(w) This section does not apply to any action or proceeding
36governed by Title 1.6C (commencing with Section 1788) of Part
374 of Division 3 of the Civil Code, Chapter 3 (commencing with
38Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
39or Division 10 (commencing with Section 6200) of the Family
P41   1Code. Nothing in this section shall preclude a petitioner’s right to
2use other existing civil remedies.

3(x) The Judicial Council shall develop forms, instructions, and
4rules relating to matters governed by this section. The petition and
5response forms shall be simple and concise, and shall be used by
6parties in actions brought pursuant to this section.

7(y) This section shall become operative on July 1, 2016.

8begin insert

begin insertSEC. 4.1.end insert  

end insert

begin insertSection 15657.03 is added to the end insertbegin insertWelfare and
9Institutions Code
end insert
begin insert, to read:end insert

begin insert
10

begin insert15657.03.end insert  

(a) (1) An elder or dependent adult who has
11suffered abuse may seek protective orders as provided in this
12section.

13(2) A petition may be brought on behalf of an abused elder or
14dependent adult by a conservator or a trustee of the elder or
15dependent adult, an attorney-in-fact of an elder or dependent adult
16who acts within the authority of a power of attorney, a person
17appointed as a guardian ad litem for the elder or dependent adult,
18or other person legally authorized to seek the relief.

19(3) (A) A petition under this section may be brought on behalf
20of an elder or dependent adult by a county adult protective services
21agency in either of the following circumstances:

22(i) If the elder or dependent adult has suffered abuse as defined
23in subdivision (b) and has an impaired ability to appreciate and
24understand the circumstances that place him or her at risk of harm.

25(ii) If the elder or dependent adult has provided written
26authorization to a county adult protective services agency to act
27on his or her behalf.

28(B) In the case of a petition filed pursuant to clause (i) of
29subparagraph (A) by a county adult protective services agency, a
30referral shall be made to the public guardian consistent with
31Section 2920 of the Probate Code prior to or concurrent with the
32filing of the petition, unless a petition for appointment of a
33conservator has already been filed with the probate court by the
34public guardian or another party.

35(C) A county adult protective services agency shall be subject
36to any confidentiality restrictions that otherwise apply to its
37activities under law and shall disclose only those facts as necessary
38to establish reasonable cause for the filing of the petition,
39including, in the case of a petition filed pursuant to clause (i) of
40subparagraph (A), to establish the agency’s belief that the elder
P42   1or dependent adult has suffered abuse and has an impaired ability
2to appreciate and understand the circumstances that place him or
3her at risk, and as may be requested by the court in determining
4whether to issue an order under this section.

5(b) For the purposes of this section:

6(1) “Abuse” has the meaning set forth in Section 15610.07.

7(2) “Conservator” means the legally appointed conservator of
8the person or estate of the petitioner, or both.

9(3) “Petitioner” means the elder or dependent adult to be
10protected by the protective orders and, if the court grants the
11petition, the protected person.

12(4) “Protective order” means an order that includes any of the
13following restraining orders, whether issued ex parte, after notice
14and hearing, or in a judgment:

15(A) An order enjoining a party from abusing, intimidating,
16molesting, attacking, striking, stalking, threatening, sexually
17assaulting, battering, harassing, telephoning, including, but not
18limited to, making annoying telephone calls as described in Section
19653m of the Penal Code, destroying personal property, contacting,
20either directly or indirectly, by mail or otherwise, or coming within
21a specified distance of, or disturbing the peace of, the petitioner,
22and, in the discretion of the court, on a showing of good cause, of
23other named family or household members or a conservator, if
24any, of the petitioner. On a showing of good cause, in an order
25issued pursuant to this subparagraph in connection with an animal
26owned, possessed, leased, kept, or held by the petitioner, or
27residing in the residence or household of the petitioner, the court
28may do either or both of the following:

29(i) Grant the petitioner exclusive care, possession, or control
30of the animal.

31(ii) Order the respondent to stay away from the animal and
32refrain from taking, transferring, encumbering, concealing,
33molesting, attacking, striking, threatening, harming, or otherwise
34disposing of the animal.

35(B) An order excluding a party from the petitioner’s residence
36or dwelling, except that this order shall not be issued if legal or
37equitable title to, or lease of, the residence or dwelling is in the
38sole name of the party to be excluded, or is in the name of the party
39to be excluded and any other party besides the petitioner.

P43   1(C) An order enjoining a party from specified behavior that the
2court determines is necessary to effectuate orders described in
3subparagraph (A) or (B).

4(5) “Respondent” means the person against whom the protective
5orders are sought and, if the petition is granted, the restrained
6person.

7(c) An order may be issued under this section, with or without
8notice, to restrain any person for the purpose of preventing a
9recurrence of abuse, if a declaration shows, to the satisfaction of
10the court, reasonable proof of a past act or acts of abuse of the
11petitioning elder or dependent adult.

12(d) Upon filing a petition for protective orders under this
13section, the petitioner may obtain a temporary restraining order
14in accordance with Section 527 of the Code of Civil Procedure,
15except to the extent this section provides a rule that is inconsistent.
16The temporary restraining order may include any of the protective
17orders described in paragraph (4) of subdivision (b). However,
18the court may issue an ex parte order excluding a party from the
19petitioner’s residence or dwelling only on a showing of all of the
20following:

21(1) Facts sufficient for the court to ascertain that the party who
22will stay in the dwelling has a right under color of law to
23possession of the premises.

24(2) That the party to be excluded has assaulted or threatens to
25assault the petitioner, other named family or household member
26of the petitioner, or a conservator of the petitioner.

27(3) That physical or emotional harm would otherwise result to
28the petitioner, other named family or household member of the
29petitioner, or a conservator of the petitioner.

30(e) A request for the issuance of a temporary restraining order
31without notice under this section shall be granted or denied on the
32same day that the petition is submitted to the court, unless the
33petition is filed too late in the day to permit effective review, in
34 which case the order shall be granted or denied on the next day
35of judicial business in sufficient time for the order to be filed that
36day with the clerk of the court.

37(f) Within 21 days, or, if good cause appears to the court, 25
38days, from the date that a request for a temporary restraining
39order is granted or denied, a hearing shall be held on the petition.
40If no request for temporary orders is made, the hearing shall be
P44   1held within 21 days, or, if good cause appears to the court, 25
2days, from the date that the petition is filed.

3(g) The respondent may file a response that explains or denies
4the alleged abuse.

5(h) The court may issue, upon notice and a hearing, any of the
6orders set forth in paragraph (4) of subdivision (b). The court may
7issue, after notice and hearing, an order excluding a person from
8a residence or dwelling if the court finds that physical or emotional
9harm would otherwise result to the petitioner, other named family
10or household member of the petitioner, or conservator of the
11petitioner.

12(i) (1) In the discretion of the court, an order issued after notice
13and a hearing under this section may have a duration of not more
14than five years, subject to termination or modification by further
15order of the court either on written stipulation filed with the court
16or on the motion of a party. These orders may be renewed upon
17the request of a party, either for five years or permanently, without
18a showing of any further abuse since the issuance of the original
19order, subject to termination or modification by further order of
20the court either on written stipulation filed with the court or on
21the motion of a party. The request for renewal may be brought at
22any time within the three months before the expiration of the order.

23(2) The failure to state the expiration date on the face of the
24form creates an order with a duration of three years from the date
25of issuance.

26(3) If an action is filed for the purpose of terminating or
27modifying a protective order prior to the expiration date specified
28in the order by a party other than the protected party, the party
29who is protected by the order shall be given notice, pursuant to
30subdivision (b) of Section 1005 of the Code of Civil Procedure, of
31the proceeding by personal service or, if the protected party has
32satisfied the requirements of Chapter 3.1 (commencing with Section
336205) of Division 7 of Title 1 of the Government Code, by service
34on the Secretary of State. If the party who is protected by the order
35cannot be notified prior to the hearing for modification or
36termination of the protective order, the court shall deny the motion
37to modify or terminate the order without prejudice or continue the
38hearing until the party who is protected can be properly noticed
39and may, upon a showing of good cause, specify another method
40for service of process that is reasonably designed to afford actual
P45   1notice to the protected party. The protected party may waive his
2or her right to notice if he or she is physically present in court and
3 does not challenge the sufficiency of the notice.

4(j) In a proceeding under this section, a support person may
5accompany a party in court and, if the party is not represented by
6an attorney, may sit with the party at the table that is generally
7reserved for the party and the party’s attorney. The support person
8is present to provide moral and emotional support for a person
9who alleges he or she is a victim of abuse. The support person is
10not present as a legal adviser and may not provide legal advice.
11The support person may assist the person who alleges he or she
12is a victim of abuse in feeling more confident that he or she will
13not be injured or threatened by the other party during the
14proceedings if the person who alleges he or she is a victim of abuse
15and the other party are required to be present in close proximity.
16This subdivision does not preclude the court from exercising its
17discretion to remove the support person from the courtroom if the
18court believes the support person is prompting, swaying, or
19influencing the party assisted by the support person.

20(k) Upon the filing of a petition for protective orders under this
21section, the respondent shall be personally served with a copy of
22the petition, notice of the hearing or order to show cause,
23temporary restraining order, if any, and any declarations in
24support of the petition. Service shall be made at least five days
25before the hearing. The court may, on motion of the petitioner or
26on its own motion, shorten the time for service on the respondent.

27(l) A notice of hearing under this section shall notify the
28respondent that if he or she does not attend the hearing, the court
29may make orders against him or her that could last up to five years.

30(m) (1) The court may, upon the filing of a declaration by the
31petitioner that the respondent could not be served within the time
32required by statute, reissue an order previously issued and
33dissolved by the court for failure to serve the respondent. The
34reissued order shall remain in effect until the date set for the
35hearing.

36(2) The reissued order shall state on its face the date of
37expiration of the order.

38(n) (1) If a respondent, named in an order issued under this
39section after a hearing, has not been served personally with the
40order but has received actual notice of the existence and substance
P46   1of the order through personal appearance in court to hear the
2terms of the order from the court, no additional proof of service
3is required for enforcement of the order.

4(2) If the respondent named in a temporary restraining order
5is personally served with the order and notice of hearing with
6respect to a restraining order or protective order based on the
7temporary restraining order, but the respondent does not appear
8at the hearing, either personally or by an attorney, and the terms
9and conditions of the restraining order or protective order issued
10at the hearing are identical to the temporary restraining order,
11except for the duration of the order, then the restraining order or
12protective order issued at the hearing may be served on the
13respondent by first-class mail sent to the respondent at the most
14current address for the respondent that is available to the court.

15(3) The Judicial Council form for temporary orders issued
16pursuant to this subdivision shall contain a statement in
17substantially the following form:


19“If you have been personally served with a temporary restraining
20order and notice of hearing, but you do not appear at the hearing
21either in person or by a lawyer, and a restraining order that is the
22same as this temporary restraining order except for the expiration
23date is issued at the hearing, a copy of the order will be served on
24you by mail at the following address:____.

25If that address is not correct or you wish to verify that the
26temporary restraining order was converted to a restraining order
27at the hearing without substantive change and to find out the
28duration of that order, contact the clerk of the court.”


30(o) (1) Information on a protective order relating to elder or
31dependent adult abuse issued by a court pursuant to this section
32shall be transmitted to the Department of Justice in accordance
33with either paragraph (2) or (3).

34(2) The court shall order the petitioner or the attorney for the
35petitioner to deliver a copy of an order issued under this section,
36or a reissuance, extension, modification, or termination of the
37order, and any subsequent proof of service, by the close of the
38business day on which the order, reissuance, extension,
39modification, or termination was made, to each law enforcement
40agency having jurisdiction over the residence of the petitioner,
P47   1and to any additional law enforcement agencies within the court’s
2discretion as are requested by the petitioner.

3(3) Alternatively, the court or its designee shall transmit, within
4one business day, to law enforcement personnel all information
5required under subdivision (b) of Section 6380 of the Family Code
6regarding any order issued under this section, or a reissuance,
7extension, modification, or termination of the order, and any
8subsequent proof of service, by either one of the following methods:

9(A) Transmitting a physical copy of the order or proof of service
10to a local law enforcement agency authorized by the Department
11of Justice to enter orders into the California Law Enforcement
12Telecommunications System (CLETS).

13(B) With the approval of the Department of Justice, entering
14the order or proof of service into CLETS directly.

15(4) Each appropriate law enforcement agency shall make
16available information as to the existence and current status of
17these orders to law enforcement officers responding to the scene
18of reported abuse.

19(5) An order issued under this section shall, on request of the
20petitioner, be served on the respondent, whether or not the
21respondent has been taken into custody, by any law enforcement
22officer who is present at the scene of reported abuse involving the
23parties to the proceeding. The petitioner shall provide the officer
24with an endorsed copy of the order and a proof of service, which
25the officer shall complete and send to the issuing court.

26(6) Upon receiving information at the scene of an incident of
27abuse that a protective order has been issued under this section,
28or that a person who has been taken into custody is the respondent
29to that order, if the protected person cannot produce an endorsed
30copy of the order, a law enforcement officer shall immediately
31attempt to verify the existence of the order.

32(7) If the law enforcement officer determines that a protective
33order has been issued, but not served, the officer shall immediately
34notify the respondent of the terms of the order and where a written
35copy of the order can be obtained, and the officer shall at that time
36also enforce the order. The law enforcement officer’s verbal notice
37of the terms of the order shall constitute service of the order and
38is sufficient notice for the purposes of this section and for the
39purposes of Section 273.6 of the Penal Code.

P48   1(p) Nothing in this section shall preclude either party from
2representation by private counsel or from appearing on the party’s
3own behalf.

4(q) There is no filing fee for a petition, response, or paper
5seeking the reissuance, modification, or enforcement of a protective
6order filed in a proceeding brought pursuant to this section.

7(r) Pursuant to paragraph (4) of subdivision (b) of Section
86103.2 of the Government Code, a petitioner shall not be required
9to pay a fee for law enforcement to serve an order issued under
10this section.

11(s) The prevailing party in an action brought under this section
12may be awarded court costs and attorney’s fees, if any.

13(t) (1) A person subject to a protective order under this section
14shall not own, possess, purchase, receive, or attempt to receive a
15firearm or ammunition while the protective order is in effect.

16(2) The court shall order a person subject to a protective order
17issued under this section to relinquish any firearms he or she owns
18or possesses pursuant to Section 527.9 of the Code of Civil
19Procedure.

20(3) Every person who owns, possesses, purchases, or receives,
21or attempts to purchase or receive a firearm or ammunition while
22subject to a protective order issued under this section is punishable
23pursuant to Section 29825 of the Penal Code.

24(4) This subdivision does not apply in a case in which a
25protective order issued under this section was made solely on the
26basis of financial abuse unaccompanied by force, threat,
27harassment, intimidation, or any other form of abuse.

28(u) In a proceeding brought under paragraph (3) of subdivision
29(a), all of the following apply:

30(1) Upon the filing of a petition for a protective order, the elder
31or dependent adult on whose behalf the petition has been filed
32shall receive a copy of the petition, a notice of the hearing, and
33any declarations submitted in support of the petition. The elder or
34dependent adult shall receive this information at least five days
35before the hearing. The court may, on motion of the petitioner or
36on its own motion, shorten the time for provision of this information
37to the elder or dependent adult.

38(2) The adult protective services agency shall make reasonable
39efforts to assist the elder or dependent adult to attend the hearing
40and provide testimony to the court, if he or she wishes to do so. If
P49   1the elder or dependent adult does not attend the hearing, the
2agency shall provide information to the court at the hearing
3regarding the reasons why the elder or dependent adult is not in
4attendance.

5(3) Upon the filing of a petition for a protective order and upon
6issuance of an order granting the petition, the county adult
7protective services agency shall take all reasonable steps to provide
8for the safety of the elder or dependent adult, pursuant to Chapter
913 (commencing with Section 15750), which may include, but are
10not limited to, facilitating the location of alternative
11accommodations for the elder or dependent adult, if needed.

12(v) Any willful disobedience of any temporary restraining order
13or restraining order after hearing granted under this section is
14punishable pursuant to Section 273.6 of the Penal Code.

15(w) This section does not apply to any action or proceeding
16governed by Title 1.6C (commencing with Section 1788) of Part
174 of Division 3 of the Civil Code, Chapter 3 (commencing with
18Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
19or Division 10 (commencing with Section 6200) of the Family
20Code. Nothing in this section shall preclude a petitioner’s right
21to use other existing civil remedies.

22(x) The Judicial Council shall develop forms, instructions, and
23rules relating to matters governed by this section. The petition and
24response forms shall be simple and concise, and shall be used by
25parties in actions brought pursuant to this section.

26(y) This section shall become operative on July 1, 2016.

end insert
27begin insert

begin insertSEC. 4.2.end insert  

end insert

begin insertSection 15657.03 is added to the end insertbegin insertWelfare and
28Institutions Code
end insert
begin insert, to read:end insert

begin insert
29

begin insert15657.03.end insert  

(a) (1) An elder or dependent adult who has
30suffered abuse may seek protective orders as provided in this
31section.

32(2) A petition may be brought on behalf of an abused elder or
33dependent adult by a conservator or a trustee of the elder or
34dependent adult, an attorney-in-fact of an elder or dependent adult
35who acts within the authority of a power of attorney, a person
36appointed as a guardian ad litem for the elder or dependent adult,
37or other person legally authorized to seek the relief.

38(3) (A) A petition under this section may be brought on behalf
39of an elder or dependent adult by a county adult protective services
40agency in either of the following circumstances:

P50   1(i) If the elder or dependent adult has suffered abuse as defined
2in subdivision (b) and has an impaired ability to appreciate and
3understand the circumstances that place him or her at risk of harm.

4(ii) If the elder or dependent adult has provided written
5authorization to a county adult protective services agency to act
6on his or her behalf.

7(B) In the case of a petition filed pursuant to clause (i) of
8subparagraph (A) by a county adult protective services agency, a
9referral shall be made to the public guardian consistent with
10Section 2920 of the Probate Code prior to or concurrent with the
11filing of the petition, unless a petition for appointment of a
12conservator has already been filed with the probate court by the
13public guardian or another party.

14(C) A county adult protective services agency shall be subject
15to any confidentiality restrictions that otherwise apply to its
16activities under law and shall disclose only those facts as necessary
17to establish reasonable cause for the filing of the petition,
18including, in the case of a petition filed pursuant to clause (i) of
19subparagraph (A), to establish the agency’s belief that the elder
20or dependent adult has suffered abuse and has an impaired ability
21to appreciate and understand the circumstances that place him or
22her at risk, and as may be requested by the court in determining
23whether to issue an order under this section.

24(b) For the purposes of this section:

25(1) “Abuse” has the meaning set forth in Section 15610.07.

26(2) “Conservator” means the legally appointed conservator of
27the person or estate of the petitioner, or both.

28(3) “Petitioner” means the elder or dependent adult to be
29protected by the protective orders and, if the court grants the
30petition, the protected person.

31(4) “Protective order” means an order that includes any of the
32following restraining orders, whether issued ex parte, after notice
33and hearing, or in a judgment:

34(A) An order enjoining a party from abusing, intimidating,
35molesting, attacking, striking, stalking, threatening, sexually
36assaulting, battering, harassing, telephoning, including, but not
37limited to, making annoying telephone calls as described in Section
38653m of the Penal Code, destroying personal property, contacting,
39either directly or indirectly, by mail or otherwise, or coming within
40a specified distance of, or disturbing the peace of, the petitioner,
P51   1and, in the discretion of the court, on a showing of good cause, of
2other named family or household members or a conservator, if
3any, of the petitioner.

4(B) An order excluding a party from the petitioner’s residence
5or dwelling, except that this order shall not be issued if legal or
6equitable title to, or lease of, the residence or dwelling is in the
7sole name of the party to be excluded, or is in the name of the party
8to be excluded and any other party besides the petitioner.

9(C) An order enjoining a party from specified behavior that the
10court determines is necessary to effectuate orders described in
11subparagraph (A) or (B).

12(5) “Respondent” means the person against whom the protective
13orders are sought and, if the petition is granted, the restrained
14person.

15(c) An order may be issued under this section, with or without
16notice, to restrain any person for the purpose of preventing a
17recurrence of abuse, if a declaration shows, to the satisfaction of
18the court, reasonable proof of a past act or acts of abuse of the
19petitioning elder or dependent adult.

20(d) Upon filing a petition for protective orders under this
21section, the petitioner may obtain a temporary restraining order
22in accordance with Section 527 of the Code of Civil Procedure,
23except to the extent this section provides a rule that is inconsistent.
24The temporary restraining order may include any of the protective
25orders described in paragraph (4) of subdivision (b). However,
26the court may issue an ex parte order excluding a party from the
27petitioner’s residence or dwelling only on a showing of all of the
28following:

29(1) Facts sufficient for the court to ascertain that the party who
30will stay in the dwelling has a right under color of law to
31possession of the premises.

32(2) That the party to be excluded has assaulted or threatens to
33assault the petitioner, other named family or household member
34of the petitioner, or a conservator of the petitioner.

35(3) That physical or emotional harm would otherwise result to
36the petitioner, other named family or household member of the
37petitioner, or a conservator of the petitioner.

38(e) A request for the issuance of a temporary restraining order
39without notice under this section shall be granted or denied on the
40same day that the petition is submitted to the court, unless the
P52   1petition is filed too late in the day to permit effective review, in
2which case the order shall be granted or denied on the next day
3of judicial business in sufficient time for the order to be filed that
4day with the clerk of the court.

5(f) Within 21 days, or, if good cause appears to the court, 25
6days, from the date that a request for a temporary restraining
7order is granted or denied, a hearing shall be held on the petition.
8If no request for temporary orders is made, the hearing shall be
9held within 21 days, or, if good cause appears to the court, 25
10days, from the date that the petition is filed.

11(g) The respondent may file a response that explains or denies
12the alleged abuse.

13(h) The court may issue, upon notice and a hearing, any of the
14orders set forth in paragraph (4) of subdivision (b). The court may
15issue, after notice and hearing, an order excluding a person from
16a residence or dwelling if the court finds that physical or emotional
17harm would otherwise result to the petitioner, other named family
18or household member of the petitioner, or conservator of the
19petitioner.

20(i) (1) In the discretion of the court, an order issued after notice
21and a hearing under this section may have a duration of not more
22than five years, subject to termination or modification by further
23order of the court either on written stipulation filed with the court
24or on the motion of a party. These orders may be renewed upon
25the request of a party, either for five years or permanently, without
26a showing of any further abuse since the issuance of the original
27order, subject to termination or modification by further order of
28the court either on written stipulation filed with the court or on
29the motion of a party. The request for renewal may be brought at
30any time within the three months before the expiration of the order.

31(2) The failure to state the expiration date on the face of the
32form creates an order with a duration of three years from the date
33of issuance.

34(3) If an action is filed for the purpose of terminating or
35modifying a protective order prior to the expiration date specified
36in the order by a party other than the protected party, the party
37who is protected by the order shall be given notice, pursuant to
38subdivision (b) of Section 1005 of the Code of Civil Procedure, of
39the proceeding by personal service or, if the protected party has
40satisfied the requirements of Chapter 3.1 (commencing with Section
P53   16205) of Division 7 of Title 1 of the Government Code, by service
2on the Secretary of State. If the party who is protected by the order
3cannot be notified prior to the hearing for modification or
4termination of the protective order, the court shall deny the motion
5to modify or terminate the order without prejudice or continue the
6hearing until the party who is protected can be properly noticed
7and may, upon a showing of good cause, specify another method
8for service of process that is reasonably designed to afford actual
9notice to the protected party. The protected party may waive his
10or her right to notice if he or she is physically present in court and
11does not challenge the sufficiency of the notice.

12(j) In a proceeding under this section, a support person may
13accompany a party in court and, if the party is not represented by
14an attorney, may sit with the party at the table that is generally
15reserved for the party and the party’s attorney. The support person
16is present to provide moral and emotional support for a person
17who alleges he or she is a victim of abuse. The support person is
18not present as a legal adviser and may not provide legal advice.
19The support person may assist the person who alleges he or she
20is a victim of abuse in feeling more confident that he or she will
21not be injured or threatened by the other party during the
22proceedings if the person who alleges he or she is a victim of abuse
23and the other party are required to be present in close proximity.
24This subdivision does not preclude the court from exercising its
25discretion to remove the support person from the courtroom if the
26court believes the support person is prompting, swaying, or
27influencing the party assisted by the support person.

28(k) Upon the filing of a petition for protective orders under this
29section, the respondent shall be personally served with a copy of
30the petition, notice of the hearing or order to show cause,
31temporary restraining order, if any, and any declarations in
32support of the petition. Service shall be made at least five days
33before the hearing. The court may, on motion of the petitioner or
34on its own motion, shorten the time for service on the respondent.

35(l) A notice of hearing under this section shall notify the
36respondent that if he or she does not attend the hearing, the court
37may make orders against him or her that could last up to five years.

38(m) The respondent shall be entitled, as a matter of course, to
39one continuance, for a reasonable period, to respond to the
40petition.

P54   1(n) (1) Either party may request a continuance of the hearing,
2which the court shall grant on a showing of good cause. The
3request may be made in writing before or at the hearing or orally
4at the hearing. The court may also grant a continuance on its own
5motion.

6(2) If the court grants a continuance, any temporary restraining
7order that has been granted shall remain in effect until the end of
8the continued hearing, unless otherwise ordered by the court. In
9granting a continuance, the court may modify or terminate a
10temporary restraining order.

11(o) (1) If a respondent, named in an order issued under this
12section after a hearing, has not been served personally with the
13order but has received actual notice of the existence and substance
14of the order through personal appearance in court to hear the
15terms of the order from the court, no additional proof of service
16is required for enforcement of the order.

17(2) If the respondent named in a temporary restraining order
18is personally served with the order and notice of hearing with
19respect to a restraining order or protective order based on the
20temporary restraining order, but the respondent does not appear
21at the hearing, either personally or by an attorney, and the terms
22and conditions of the restraining order or protective order issued
23at the hearing are identical to the temporary restraining order,
24except for the duration of the order, then the restraining order or
25protective order issued at the hearing may be served on the
26respondent by first-class mail sent to the respondent at the most
27current address for the respondent that is available to the court.

28(3) The Judicial Council form for temporary orders issued
29pursuant to this subdivision shall contain a statement in
30substantially the following form:


32“If you have been personally served with a temporary restraining
33order and notice of hearing, but you do not appear at the hearing
34either in person or by a lawyer, and a restraining order that is the
35same as this temporary restraining order except for the expiration
36date is issued at the hearing, a copy of the order will be served on
37you by mail at the following address:____.

38If that address is not correct or you wish to verify that the
39temporary restraining order was converted to a restraining order
P55   1at the hearing without substantive change and to find out the
2duration of that order, contact the clerk of the court.”


4(p) (1) Information on a protective order relating to elder or
5dependent adult abuse issued by a court pursuant to this section
6shall be transmitted to the Department of Justice in accordance
7with either paragraph (2) or (3).

8(2) The court shall order the petitioner or the attorney for the
9petitioner to deliver a copy of an order issued under this section,
10or a reissuance, extension, modification, or termination of the
11order, and any subsequent proof of service, by the close of the
12business day on which the order, reissuance, extension,
13modification, or termination was made, to each law enforcement
14agency having jurisdiction over the residence of the petitioner,
15and to any additional law enforcement agencies within the court’s
16discretion as are requested by the petitioner.

17(3) Alternatively, the court or its designee shall transmit, within
18one business day, to law enforcement personnel all information
19required under subdivision (b) of Section 6380 of the Family Code
20regarding any order issued under this section, or a reissuance,
21extension, modification, or termination of the order, and any
22subsequent proof of service, by either one of the following methods:

23(A) Transmitting a physical copy of the order or proof of service
24to a local law enforcement agency authorized by the Department
25of Justice to enter orders into the California Law Enforcement
26Telecommunications System (CLETS).

27(B) With the approval of the Department of Justice, entering
28the order or proof of service into CLETS directly.

29(4) Each appropriate law enforcement agency shall make
30available information as to the existence and current status of
31these orders to law enforcement officers responding to the scene
32of reported abuse.

33(5) An order issued under this section shall, on request of the
34petitioner, be served on the respondent, whether or not the
35respondent has been taken into custody, by any law enforcement
36officer who is present at the scene of reported abuse involving the
37parties to the proceeding. The petitioner shall provide the officer
38with an endorsed copy of the order and a proof of service, which
39the officer shall complete and send to the issuing court.

P56   1(6) Upon receiving information at the scene of an incident of
2abuse that a protective order has been issued under this section,
3or that a person who has been taken into custody is the respondent
4to that order, if the protected person cannot produce an endorsed
5copy of the order, a law enforcement officer shall immediately
6attempt to verify the existence of the order.

7(7) If the law enforcement officer determines that a protective
8order has been issued, but not served, the officer shall immediately
9notify the respondent of the terms of the order and where a written
10copy of the order can be obtained, and the officer shall at that time
11also enforce the order. The law enforcement officer’s verbal notice
12of the terms of the order shall constitute service of the order and
13is sufficient notice for the purposes of this section and for the
14purposes of Section 273.6 of the Penal Code.

15(q) Nothing in this section shall preclude either party from
16representation by private counsel or from appearing on the party’s
17own behalf.

18(r) There is no filing fee for a petition, response, or paper
19seeking the reissuance, modification, or enforcement of a protective
20order filed in a proceeding brought pursuant to this section.

21(s) Pursuant to paragraph (4) of subdivision (b) of Section
226103.2 of the Government Code, a petitioner shall not be required
23to pay a fee for law enforcement to serve an order issued under
24this section.

25(t) The prevailing party in an action brought under this section
26may be awarded court costs and attorney’s fees, if any.

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

30(2) The court shall order a person subject to a protective order
31issued under this section to relinquish any firearms he or she owns
32or possesses pursuant to Section 527.9 of the Code of Civil
33Procedure.

34(3) Every person who owns, possesses, purchases, or receives,
35or attempts to purchase or receive a firearm or ammunition while
36subject to a protective order issued under this section is punishable
37pursuant to Section 29825 of the Penal Code.

38(4) This subdivision does not apply in a case in which a
39protective order issued under this section was made solely on the
P57   1basis of financial abuse unaccompanied by force, threat,
2harassment, intimidation, or any other form of abuse.

3(v) In a proceeding brought under paragraph (3) of subdivision
4(a), all of the following apply:

5(1) Upon the filing of a petition for a protective order, the elder
6or dependent adult on whose behalf the petition has been filed
7shall receive a copy of the petition, a notice of the hearing, and
8any declarations submitted in support of the petition. The elder or
9dependent adult shall receive this information at least five days
10before the hearing. The court may, on motion of the petitioner or
11on its own motion, shorten the time for provision of this information
12to the elder or dependent adult.

13(2) The adult protective services agency shall make reasonable
14efforts to assist the elder or dependent adult to attend the hearing
15and provide testimony to the court, if he or she wishes to do so. If
16the elder or dependent adult does not attend the hearing, the
17agency shall provide information to the court at the hearing
18regarding the reasons why the elder or dependent adult is not in
19attendance.

20(3) Upon the filing of a petition for a protective order and upon
21issuance of an order granting the petition, the county adult
22protective services agency shall take all reasonable steps to provide
23for the safety of the elder or dependent adult, pursuant to Chapter
2413 (commencing with Section 15750), which may include, but are
25not limited to, facilitating the location of alternative
26accommodations for the elder or dependent adult, if needed.

27(w) Any willful disobedience of any temporary restraining order
28or restraining order after hearing granted under this section is
29punishable pursuant to Section 273.6 of the Penal Code.

30(x) This section does not apply to any action or proceeding
31governed by Title 1.6C (commencing with Section 1788) of Part
324 of Division 3 of the Civil Code, Chapter 3 (commencing with
33Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
34or Division 10 (commencing with Section 6200) of the Family
35Code. Nothing in this section shall preclude a petitioner’s right
36to use other existing civil remedies.

37(y) The Judicial Council shall develop forms, instructions, and
38rules relating to matters governed by this section. The petition and
39response forms shall be simple and concise, and shall be used by
40parties in actions brought pursuant to this section.

P58   1(z) This section shall become operative on July 1, 2016.

end insert
2begin insert

begin insertSEC. 4.3.end insert  

end insert

begin insertSection 15657.03 is added to the end insertbegin insertWelfare and
3Institutions Code
end insert
begin insert, to read:end insert

begin insert
4

begin insert15657.03.end insert  

(a) (1) An elder or dependent adult who has
5suffered abuse may seek protective orders as provided in this
6section.

7(2) A petition may be brought on behalf of an abused elder or
8dependent adult by a conservator or a trustee of the elder or
9dependent adult, an attorney-in-fact of an elder or dependent adult
10who acts within the authority of a power of attorney, a person
11appointed as a guardian ad litem for the elder or dependent adult,
12or other person legally authorized to seek the relief.

13(3) (A) A petition under this section may be brought on behalf
14of an elder or dependent adult by a county adult protective services
15agency in either of the following circumstances:

16(i) If the elder or dependent adult has suffered abuse as defined
17in subdivision (b) and has an impaired ability to appreciate and
18understand the circumstances that place him or her at risk of harm.

19(ii) If the elder or dependent adult has provided written
20authorization to a county adult protective services agency to act
21on his or her behalf.

22(B) In the case of a petition filed pursuant to clause (i) of
23subparagraph (A) by a county adult protective services agency, a
24referral shall be made to the public guardian consistent with
25Section 2920 of the Probate Code prior to or concurrent with the
26filing of the petition, unless a petition for appointment of a
27conservator has already been filed with the probate court by the
28public guardian or another party.

29(C) A county adult protective services agency shall be subject
30to any confidentiality restrictions that otherwise apply to its
31activities under law and shall disclose only those facts as necessary
32to establish reasonable cause for the filing of the petition,
33including, in the case of a petition filed pursuant to clause (i) of
34subparagraph (A), to establish the agency’s belief that the elder
35or dependent adult has suffered abuse and has an impaired ability
36to appreciate and understand the circumstances that place him or
37her at risk, and as may be requested by the court in determining
38whether to issue an order under this section.

39(b) For the purposes of this section:

40(1) “Abuse” has the meaning set forth in Section 15610.07.

P59   1(2) “Conservator” means the legally appointed conservator of
2the person or estate of the petitioner, or both.

3(3) “Petitioner” means the elder or dependent adult to be
4protected by the protective orders and, if the court grants the
5petition, the protected person.

6(4) “Protective order” means an order that includes any of the
7following restraining orders, whether issued ex parte, after notice
8and hearing, or in a judgment:

9(A) An order enjoining a party from abusing, intimidating,
10molesting, attacking, striking, stalking, threatening, sexually
11assaulting, battering, harassing, telephoning, including, but not
12limited to, making annoying telephone calls as described in Section
13653m of the Penal Code, destroying personal property, contacting,
14either directly or indirectly, by mail or otherwise, or coming within
15a specified distance of, or disturbing the peace of, the petitioner,
16and, in the discretion of the court, on a showing of good cause, of
17other named family or household members or a conservator, if
18any, of the petitioner. On a showing of good cause, in an order
19issued pursuant to this subparagraph in connection with an animal
20owned, possessed, leased, kept, or held by the petitioner, or
21residing in the residence or household of the petitioner, the court
22may do either or both of the following:

23(i) Grant the petitioner exclusive care, possession, or control
24of the animal.

25(ii) Order the respondent to stay away from the animal and
26refrain from taking, transferring, encumbering, concealing,
27molesting, attacking, striking, threatening, harming, or otherwise
28disposing of the animal.

29(B) An order excluding a party from the petitioner’s residence
30or dwelling, except that this order shall not be issued if legal or
31equitable title to, or lease of, the residence or dwelling is in the
32sole name of the party to be excluded, or is in the name of the party
33to be excluded and any other party besides the petitioner.

34(C) An order enjoining a party from specified behavior that the
35court determines is necessary to effectuate orders described in
36subparagraph (A) or (B).

37(5) “Respondent” means the person against whom the protective
38orders are sought and, if the petition is granted, the restrained
39person.

P60   1(c) An order may be issued under this section, with or without
2notice, to restrain any person for the purpose of preventing a
3recurrence of abuse, if a declaration shows, to the satisfaction of
4the court, reasonable proof of a past act or acts of abuse of the
5petitioning elder or dependent adult.

6(d) Upon filing a petition for protective orders under this
7section, the petitioner may obtain a temporary restraining order
8in accordance with Section 527 of the Code of Civil Procedure,
9except to the extent this section provides a rule that is inconsistent.
10The temporary restraining order may include any of the protective
11orders described in paragraph (4) of subdivision (b). However,
12the court may issue an ex parte order excluding a party from the
13petitioner’s residence or dwelling only on a showing of all of the
14following:

15(1) Facts sufficient for the court to ascertain that the party who
16will stay in the dwelling has a right under color of law to
17possession of the premises.

18(2) That the party to be excluded has assaulted or threatens to
19assault the petitioner, other named family or household member
20of the petitioner, or a conservator of the petitioner.

21(3) That physical or emotional harm would otherwise result to
22the petitioner, other named family or household member of the
23petitioner, or a conservator of the petitioner.

24(e) A request for the issuance of a temporary restraining order
25without notice under this section shall be granted or denied on the
26same day that the petition is submitted to the court, unless the
27petition is filed too late in the day to permit effective review, in
28which case the order shall be granted or denied on the next day
29of judicial business in sufficient time for the order to be filed that
30day with the clerk of the court.

31(f) Within 21 days, or, if good cause appears to the court, 25
32days, from the date that a request for a temporary restraining
33order is granted or denied, a hearing shall be held on the petition.
34If no request for temporary orders is made, the hearing shall be
35held within 21 days, or, if good cause appears to the court, 25
36days, from the date that the petition is filed.

37(g) The respondent may file a response that explains or denies
38the alleged abuse.

39(h) The court may issue, upon notice and a hearing, any of the
40orders set forth in paragraph (4) of subdivision (b). The court may
P61   1issue, after notice and hearing, an order excluding a person from
2a residence or dwelling if the court finds that physical or emotional
3harm would otherwise result to the petitioner, other named family
4or household member of the petitioner, or conservator of the
5petitioner.

6(i) (1) In the discretion of the court, an order issued after notice
7and a hearing under this section may have a duration of not more
8than five years, subject to termination or modification by further
9order of the court either on written stipulation filed with the court
10or on the motion of a party. These orders may be renewed upon
11the request of a party, either for five years or permanently, without
12a showing of any further abuse since the issuance of the original
13order, subject to termination or modification by further order of
14the court either on written stipulation filed with the court or on
15the motion of a party. The request for renewal may be brought at
16any time within the three months before the expiration of the order.

17(2) The failure to state the expiration date on the face of the
18form creates an order with a duration of three years from the date
19of issuance.

20(3) If an action is filed for the purpose of terminating or
21modifying a protective order prior to the expiration date specified
22in the order by a party other than the protected party, the party
23who is protected by the order shall be given notice, pursuant to
24subdivision (b) of Section 1005 of the Code of Civil Procedure, of
25the proceeding by personal service or, if the protected party has
26satisfied the requirements of Chapter 3.1 (commencing with Section
276205) of Division 7 of Title 1 of the Government Code, by service
28on the Secretary of State. If the party who is protected by the order
29cannot be notified prior to the hearing for modification or
30termination of the protective order, the court shall deny the motion
31to modify or terminate the order without prejudice or continue the
32hearing until the party who is protected can be properly noticed
33and may, upon a showing of good cause, specify another method
34for service of process that is reasonably designed to afford actual
35notice to the protected party. The protected party may waive his
36or her right to notice if he or she is physically present in court and
37 does not challenge the sufficiency of the notice.

38(j) In a proceeding under this section, a support person may
39accompany a party in court and, if the party is not represented by
40an attorney, may sit with the party at the table that is generally
P62   1reserved for the party and the party’s attorney. The support person
2is present to provide moral and emotional support for a person
3who alleges he or she is a victim of abuse. The support person is
4not present as a legal adviser and may not provide legal advice.
5The support person may assist the person who alleges he or she
6is a victim of abuse in feeling more confident that he or she will
7not be injured or threatened by the other party during the
8proceedings if the person who alleges he or she is a victim of abuse
9and the other party are required to be present in close proximity.
10This subdivision does not preclude the court from exercising its
11discretion to remove the support person from the courtroom if the
12court believes the support person is prompting, swaying, or
13influencing the party assisted by the support person.

14(k) Upon the filing of a petition for protective orders under this
15section, the respondent shall be personally served with a copy of
16the petition, notice of the hearing or order to show cause,
17temporary restraining order, if any, and any declarations in
18support of the petition. Service shall be made at least five days
19before the hearing. The court may, on motion of the petitioner or
20on its own motion, shorten the time for service on the respondent.

21(l) A notice of hearing under this section shall notify the
22respondent that if he or she does not attend the hearing, the court
23may make orders against him or her that could last up to five years.

24(m) The respondent shall be entitled, as a matter of course, to
25one continuance, for a reasonable period, to respond to the
26petition.

27(n) (1) Either party may request a continuance of the hearing,
28which the court shall grant on a showing of good cause. The
29request may be made in writing before or at the hearing or orally
30at the hearing. The court may also grant a continuance on its own
31motion.

32(2) If the court grants a continuance, any temporary restraining
33order that has been granted shall remain in effect until the end of
34the continued hearing, unless otherwise ordered by the court. In
35granting a continuance, the court may modify or terminate a
36temporary restraining order.

37(o) (1) If a respondent, named in an order issued under this
38section after a hearing, has not been served personally with the
39order but has received actual notice of the existence and substance
40of the order through personal appearance in court to hear the
P63   1terms of the order from the court, no additional proof of service
2is required for enforcement of the order.

3(2) If the respondent named in a temporary restraining order
4is personally served with the order and notice of hearing with
5respect to a restraining order or protective order based on the
6temporary restraining order, but the respondent does not appear
7at the hearing, either personally or by an attorney, and the terms
8and conditions of the restraining order or protective order issued
9at the hearing are identical to the temporary restraining order,
10except for the duration of the order, then the restraining order or
11protective order issued at the hearing may be served on the
12respondent by first-class mail sent to the respondent at the most
13current address for the respondent that is available to the court.

14(3) The Judicial Council form for temporary orders issued
15pursuant to this subdivision shall contain a statement in
16substantially the following form:


18“If you have been personally served with a temporary restraining
19order and notice of hearing, but you do not appear at the hearing
20either in person or by a lawyer, and a restraining order that is the
21same as this temporary restraining order except for the expiration
22date is issued at the hearing, a copy of the order will be served on
23you by mail at the following address:____.

24If that address is not correct or you wish to verify that the
25temporary restraining order was converted to a restraining order
26at the hearing without substantive change and to find out the
27duration of that order, contact the clerk of the court.”


29(p) (1) Information on a protective order relating to elder or
30dependent adult abuse issued by a court pursuant to this section
31shall be transmitted to the Department of Justice in accordance
32with either paragraph (2) or (3).

33(2) The court shall order the petitioner or the attorney for the
34petitioner to deliver a copy of an order issued under this section,
35or a reissuance, extension, modification, or termination of the
36order, and any subsequent proof of service, by the close of the
37business day on which the order, reissuance, extension,
38modification, or termination was made, to each law enforcement
39agency having jurisdiction over the residence of the petitioner,
P64   1and to any additional law enforcement agencies within the court’s
2discretion as are requested by the petitioner.

3(3) Alternatively, the court or its designee shall transmit, within
4one business day, to law enforcement personnel all information
5required under subdivision (b) of Section 6380 of the Family Code
6regarding any order issued under this section, or a reissuance,
7extension, modification, or termination of the order, and any
8subsequent proof of service, by either one of the following methods:

9(A) Transmitting a physical copy of the order or proof of service
10to a local law enforcement agency authorized by the Department
11of Justice to enter orders into the California Law Enforcement
12Telecommunications System (CLETS).

13(B) With the approval of the Department of Justice, entering
14the order or proof of service into CLETS directly.

15(4) Each appropriate law enforcement agency shall make
16available information as to the existence and current status of
17 these orders to law enforcement officers responding to the scene
18of reported abuse.

19(5) An order issued under this section shall, on request of the
20petitioner, be served on the respondent, whether or not the
21respondent has been taken into custody, by any law enforcement
22officer who is present at the scene of reported abuse involving the
23parties to the proceeding. The petitioner shall provide the officer
24with an endorsed copy of the order and a proof of service, which
25the officer shall complete and send to the issuing court.

26(6) Upon receiving information at the scene of an incident of
27abuse that a protective order has been issued under this section,
28or that a person who has been taken into custody is the respondent
29to that order, if the protected person cannot produce an endorsed
30copy of the order, a law enforcement officer shall immediately
31attempt to verify the existence of the order.

32(7) If the law enforcement officer determines that a protective
33order has been issued, but not served, the officer shall immediately
34notify the respondent of the terms of the order and where a written
35copy of the order can be obtained, and the officer shall at that time
36also enforce the order. The law enforcement officer’s verbal notice
37of the terms of the order shall constitute service of the order and
38is sufficient notice for the purposes of this section and for the
39purposes of Section 273.6 of the Penal Code.

P65   1(q) Nothing in this section shall preclude either party from
2representation by private counsel or from appearing on the party’s
3own behalf.

4(r) There is no filing fee for a petition, response, or paper
5seeking the reissuance, modification, or enforcement of a protective
6order filed in a proceeding brought pursuant to this section.

7(s) Pursuant to paragraph (4) of subdivision (b) of Section
86103.2 of the Government Code, a petitioner shall not be required
9to pay a fee for law enforcement to serve an order issued under
10this section.

11(t) The prevailing party in an action brought under this section
12may be awarded court costs and attorney’s fees, if any.

13(u) (1) A person subject to a protective order under this section
14shall not own, possess, purchase, receive, or attempt to receive a
15firearm or ammunition while the protective order is in effect.

16(2) The court shall order a person subject to a protective order
17issued under this section to relinquish any firearms he or she owns
18or possesses pursuant to Section 527.9 of the Code of Civil
19Procedure.

20(3) Every person who owns, possesses, purchases, or receives,
21or attempts to purchase or receive a firearm or ammunition while
22subject to a protective order issued under this section is punishable
23pursuant to Section 29825 of the Penal Code.

24(4) This subdivision does not apply in a case in which a
25protective order issued under this section was made solely on the
26basis of financial abuse unaccompanied by force, threat,
27harassment, intimidation, or any other form of abuse.

28(v) In a proceeding brought under paragraph (3) of subdivision
29(a), all of the following apply:

30(1) Upon the filing of a petition for a protective order, the elder
31or dependent adult on whose behalf the petition has been filed
32shall receive a copy of the petition, a notice of the hearing, and
33any declarations submitted in support of the petition. The elder or
34dependent adult shall receive this information at least five days
35before the hearing. The court may, on motion of the petitioner or
36on its own motion, shorten the time for provision of this information
37to the elder or dependent adult.

38(2) The adult protective services agency shall make reasonable
39efforts to assist the elder or dependent adult to attend the hearing
40and provide testimony to the court, if he or she wishes to do so. If
P66   1the elder or dependent adult does not attend the hearing, the
2agency shall provide information to the court at the hearing
3regarding the reasons why the elder or dependent adult is not in
4attendance.

5(3) Upon the filing of a petition for a protective order and upon
6issuance of an order granting the petition, the county adult
7protective services agency shall take all reasonable steps to provide
8for the safety of the elder or dependent adult, pursuant to Chapter
913 (commencing with Section 15750), which may include, but are
10not limited to, facilitating the location of alternative
11accommodations for the elder or dependent adult, if needed.

12(w) Any willful disobedience of any temporary restraining order
13or restraining order after hearing granted under this section is
14punishable pursuant to Section 273.6 of the Penal Code.

15(x) This section does not apply to any action or proceeding
16governed by Title 1.6C (commencing with Section 1788) of Part
174 of Division 3 of the Civil Code, Chapter 3 (commencing with
18Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
19or Division 10 (commencing with Section 6200) of the Family
20Code. Nothing in this section shall preclude a petitioner’s right
21to use other existing civil remedies.

22(y) The Judicial Council shall develop forms, instructions, and
23rules relating to matters governed by this section. The petition and
24response forms shall be simple and concise, and shall be used by
25parties in actions brought pursuant to this section.

26(z) This section shall become operative on July 1, 2016.

end insert
27begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

(a) Sections 3.1 and 4.1 of this bill incorporate
28amendments to Section 15657.03 of the Welfare and Institutions
29Code proposed by both this bill and Assembly Bill 494. It shall
30only become operative if (1) both bills are enacted and become
31effective on or before January 1, 2016, (2) each bill amends Section
3215657.03 of the Welfare and Institutions Code, and (3) Assembly
33Bill 1081 is not enacted or as enacted does not amend that section,
34and (4) this bill is enacted after Assembly Bill 494, in which case
35Sections 3, 3.2, 3.3, 4, 4.2, and 4.3 of this bill shall not become
36 operative.

end insert
begin insert

37(b) Sections 3.2 and 4.2 of this bill incorporate amendments to
38Section 15657.03 of the Welfare and Institutions Code proposed
39by both this bill and Assembly Bill 1081. It shall only become
40operative if (1) both bills are enacted and become effective on or
P67   1before January 1, 2016, (2) each bill amends Section 15657.03 of
2the Welfare and Institutions Code, (3) Assembly Bill 494 is not
3enacted or as enacted does not amend that section, and (4) this
4bill is enacted after Assembly Bill 1081, in which case Sections 3,
53.1, 3.3, 4, 4.1, and 4.3 of this bill shall not become operative.

end insert
begin insert

6(c) Sections 3.3 and 4.3 of this bill incorporate amendments to
7Section 15657.03 of the Welfare and Institutions Code proposed
8by this bill, Assembly Bill 494, and Assembly Bill 1081. It shall
9only become operative if (1) all three bills are enacted and become
10effective on or before January 1, 2016, (2) all three bills amend
11Section 15657.03 of the Welfare and Institutions Code, and (3)
12this bill is enacted after Assembly Bill 494 and Assembly Bill 1081,
13in which case Sections 3, 3.1, 3.2, 4, 4.1, and 4.2 of this bill shall
14not become operative.

end insert


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