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AB-887 Domestic violence: restraining orders.(2021-2022)

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Date Published: 06/14/2021 09:00 PM
AB887:v96#DOCUMENT

Amended  IN  Senate  June 14, 2021
Amended  IN  Assembly  March 16, 2021
Amended  IN  Assembly  March 11, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 887


Introduced by Assembly Member Levine
(Coauthor: Assembly Member Seyarto)

February 17, 2021


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


LEGISLATIVE COUNSEL'S DIGEST


AB 887, 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 those petitions to be submitted electronically during and after normal business hours, and to do so as soon as possible, but no later than January 1, 2023. The bill would require 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 electronically. The bill would also require the court, as soon as possible, but no later than January 1, 2023, to prominently display a link to electronically file the petitions on its internet website, as specified. provide, as soon as possible, but no later than January 1, 2023, that domestic violence restraining orders or temporary restraining orders may be submitted electronically, as specified. The bill would require that information about access to self-help services regarding domestic violence restraining orders be prominently visible on the superior court’s internet website. The bill would require the Judicial Council to develop rules and to assist courts in developing local rules or procedures necessary to effectuate those provisions. or amend rules and forms as necessary to implement those provisions. The bill would also prohibit any fee for filing a petition pursuant to these provisions.
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) (1) As soon as possible, but no later than January 1, 2023, petitions seeking 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 may be submitted electronically in every trial court. Courts shall accept these filings consistent with the timeframe in Section 246.
(2) The notice of court date, copies of the request to mail on respondent, and the temporary restraining order, if granted, shall be remitted to the petitioner by regular mail unless the petitioner indicates on the petition that they will retrieve these documents from the court.
(3) Notwithstanding paragraph (2), if the court has the appropriate technology and the petitioner stipulates that they are willing to accept an electronic copy, the court shall provide an electronic copy of the documents.
(b) Information about access to self-help services regarding domestic violence restraining orders shall be prominently visible on the superior court’s internet website.
(c) The Judicial Council shall develop or amend rules and forms as necessary to implement this section.
(d) There shall be no fee for any filings related to a petition submitted electronically in accordance with this section.

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, as soon as possible, but no later than January 1, 2023, permit those petitions to be submitted electronically during 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 electronically.

(b)A court accepting petitions pursuant to subdivision (a) shall, as soon as possible, but no later than January 1, 2023, prominently display on its internet website a link to electronically file the petitions in a way that is apparent and accessible to the public.

(c)The Judicial Council shall develop rules and assist courts in developing local rules or procedures necessary to effectuate this section.