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AB-1796 Domestic violence: restraining orders.(2019-2020)



Current Version: 07/14/20 - Amended Senate         Compare Versions information image


AB1796:v96#DOCUMENT

Amended  IN  Senate  July 14, 2020
Amended  IN  Senate  June 24, 2020
Amended  IN  Assembly  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1796


Introduced by Assembly Member Levine

February 22, 2019


An act to add Section 6307 to the Family Code, relating to domestic violence.


LEGISLATIVE COUNSEL'S DIGEST


AB 1796, as amended, Levine. Domestic violence: restraining orders.
Existing law permits a petitioner to seek a restraining order, including a temporary restraining order, to protect against domestic violence. Existing law requires the court to decide whether to grant a request for an ex parte restraining order on the same day that the petition is submitted to the court, which will be effective until the hearing on the petition, except as specified. Existing law directs the Judicial Council to promulgate rules and forms for a petitioner seeking a domestic violence restraining order and to assist local courts in developing procedures to assist a petitioner.
This bill would require any court or court facility that receives petitions for domestic violence restraining orders or temporary restraining orders to permit such petitions to be submitted in a drop box located on the court premises, during or and after normal business hours. The bill would provide that the deadlines applicable to any action taken by the court with respect to a petition filed directly with the court also apply to any action taken with respect to a petition submitted in a drop box. The bill would require the Judicial Council to develop rules and to assist courts in developing local rules or procedures necessary to effectuate this provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6307 is added to the Family Code, to read:

6307.
 (a) A court or court facility that receives petitions for domestic violence restraining orders under Chapter 2 (commencing with Section 6320) and domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 shall permit such petitions to be submitted in a drop box located on the court premises, during or and after normal business hours. The deadlines applicable to any action taken by the court with respect to a petition filed directly with the court shall apply to any action taken with respect to a petition submitted in a drop box.
(b) The Judicial Council shall develop rules and assist courts in developing local rules or procedures necessary to effectuate this section.