AB 573

Bill Subjects

Abstract

Existing law prohibits the traumatic infliction of corporal injury upon a spouse or cohabitant, former spouse of cohabitant, and other specified persons. Existing law requires a peace officer responding to specified incidents involving domestic violence to make a custodial arrest when probable cause exists. Existing law authorizes a peace officer to request an emergency protective order in these cases, and for a judicial officer to approve the issuance of such an order, on an ex parte basis. Existing law authorizes a person to petition for, and a judicial officer, after notice and hearing, to issue, a domestic violence prevention order. Existing law also authorizes a judicial officer to issue a protective order as part of a judgment entered in a proceeding for dissolution of marriage, nullity of marriage, or legal separation. Existing law requires these orders to be entered into the Domestic Violence Restraining Order System, an electronic database that can be accessed by law enforcement officers through the California Law Enforcement Telecommunications System. This bill would require each court to develop and implement a program for the issuance of domestic violence restraining order Hope Cards, as described, which provide protected persons with a small paper that contains, among other things, information about the restrained and protected persons and the protective order. The bill would require each court, by July 1, 2021, to make a card available without charge to an eligible person upon request. The bill would clarify that the card provides a basis for law enforcement to detain a person, but does not provide a basis for arrest without independent verification of the order.