Existing law enacts procedures to prevent acts of domestic violence, abuse, and sexual abuse and authorizes a court to issue an ex parte order determining the temporary use, possession, and control of real or personal property of the parties and the payment of any liens or encumbrances coming due during the period the order is in effect. Existing law also authorizes a court to issue orders based on ex parte orders, including the above-described order, after notice and a hearing.

This bill would authorize, on and after January 1, 2022, the court to issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period. The bill would authorize the order to include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party and would provide that this finding does not affect the priority of any lien or other security interest. The bill would require the Judicial Council to adopt appropriate forms and modify existing forms to effectuate this change.