Bill Quirk
- Democratic
Author
The Domestic Violence Prevention Act authorizes a judicial officer to issue a protective order after notice and a hearing for the purpose of preventing a recurrence of domestic violence and sexual abuse and ensuring a period of separation of the persons involved, based on an affidavit showing reasonable proof of past abuse. The act defines domestic violence as abuse perpetrated against specified persons, and further defines abuse within that context. Existing law requires, under certain circumstances, the clerk of the court to submit the proof of service of a protective order directly into the Department of Justice Domestic Violation Restraining Order System. This bill would instead authorize the issuance of a protective order after notice and a hearing for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and ensuring a period of separation of the persons involved. The bill would provide that, in determining whether to grant or deny a protective order, the length of time since the most recent act of abuse is not, by itself, determinative. The bill would also require the trial court, if the court denies a petition to issue a protective order, to provide a brief statement of the reasons for its decision either in writing or on the record. Existing law authorizes the court to issue a mutual order enjoining the parties from specific acts of abuse if both parties personally appear, each party presents written evidence of abuse or domestic violence, and the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense. This bill would provide that, for the purposes of these provisions, a court should consider specified provisions relating to dominant aggressors in determining if both parties acted primarily as aggressors.
Chaptered by Secretary of State - Chapter 635, Statutes of 2014.
Approved by the Governor.
Enrolled and presented to the Governor at 3:30 p.m.
Assembly Rule 77 suspended. (Page 6347.)
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 6353.).
Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 4699.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 23 pursuant to Assembly Rule 77.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 5. Noes 0.) (August 14).
In committee: Placed on APPR. suspense file.
In committee: Hearing postponed by committee.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 10).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 4837.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 17. Noes 0.) (April 30).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 22). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
From printer. May be heard in committee March 23.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2089 | HTML |
| 02/20/14 - Introduced | |
| 04/10/14 - Amended Assembly | |
| 05/28/14 - Amended Senate | |
| 06/16/14 - Amended Senate | |
| 08/19/14 - Amended Senate | |
| 08/26/14 - Enrolled | |
| 09/26/14 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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