Today's Law As Amended


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AB-1987 Protective orders.(2019-2020)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares as follows:
(a) The political climate resulting from federal policies and rhetoric targeting immigrants has discouraged immigrants from seeking critical legal protections for fear of immigration authorities targeting them or their families.
(b) The legal protections provided by the State of California are intended to protect all residents of California, regardless of their immigration status.
(c) Domestic violence threatens the safety and well-being of victims and their families and protective orders are often necessary to protect victims from their abusers, regardless of the immigration status of the victim or the abuser.
(d) The Domestic Violence Protection Act, like all of the Family Code, has always applied to all Californians without regard to immigration status, and continues to do so.

SEC. 2.

 Section 6320 of the Family Code is amended to read:

6320.
 (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the  of, or remotely controlling any connected devices, as defined in Section 1798.91.05 of the Civil Code, affecting the home, vehicle, or property of, the  other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.
(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.
(c) This section shall become operative on July 1, 2014. The Judicial Council shall, no later than January 1, 2022, develop or update any forms or rules of court that are necessary to implement this section. 
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.