Rudy Salas, Jr.
- Democratic
Author
Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party. Existing law authorizes a court to issue an order for the payment of attorney's fees and costs of the prevailing party. Existing law also requires the court to order that the respondent pay petitioner's attorney's fees and costs, in any action in which the petitioner is the prevailing party and cannot afford to pay for the attorney's fees, if appropriate, as specified. This bill would instead, after notice and a hearing, and upon request, require a court to issue an order for the payment of attorney's fees and costs for a prevailing petitioner. The bill would authorize a court, after notice and a hearing, and upon request, to issue an order for the payment of attorney's fees and costs for a prevailing respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay. The bill would require the court, before awarding attorney's fees and costs, to first find that the party ordered to pay has, or is reasonably likely to have, the ability to pay.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 591, Statutes of 2022.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 5180.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 10. Noes 1.) (June 21).
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 committee: Set, first hearing. Hearing canceled at the request of author.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 4817.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 9. Noes 0.) (April 5).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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 19.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2369 | HTML |
| 02/16/22 - Introduced | |
| 03/24/22 - Amended Assembly | |
| 03/29/22 - Amended Assembly | |
| 06/09/22 - Amended Senate | |
| 08/17/22 - Amended Senate | |
| 09/01/22 - Enrolled | |
| 09/27/22 - Chaptered |
| Document | Format |
|---|---|
| 04/02/22- Assembly Judiciary | |
| 04/06/22- ASSEMBLY FLOOR ANALYSIS | |
| 06/17/22- Senate Judiciary | |
| 06/24/22- Sen. Floor Analyses | |
| 08/19/22- Sen. Floor Analyses | |
| 08/29/22- ASSEMBLY FLOOR ANALYSIS |
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