AB 1657

Introduced by Assembly Member Rogers
(Coauthors: Assembly Members Bauer-Kahan, Connolly, Dixon, Kalra, Pacheco, Stefani, and Zbur)
 An act to amend Sections 6300 and 6326 of the Family Code, relating to domestic violence.
domestic violence
Domestic violence: restraining orders.
Existing law authorizes a court to issue an ex parte restraining order to prevent abuse based on reasonable proof of a past act or acts of abuse. Existing law authorizes the order to be issued solely on the affidavit or testimony of the person requesting the ex parte restraining order. Existing law requires the ex parte order to be issued or denied on the same day the application is submitted to the court, except as specified. Existing law prohibits an ex parte restraining order from being denied solely because the other party was not provided with notice.
This bill would instead prohibit a court from requiring that notice be provided to the party to be restrained in advance of accepting a filing
			 for, or deciding, an application for an ex parte restraining order. The bill would also prohibit a court from requiring an explanation or declaration for not providing notice in advance of accepting a filing for, or deciding, an application for an ex parte restraining order. The bill would prohibit a court from adopting or maintaining any rule, form, or practice that is inconsistent with these provisions.
The people of the State of California do enact as follows:
SECTION 1.
Section 6300 of the
Family Code
 is amended to read:
6300.
(a) An order may be issued under this part to restrain a person for the purpose specified in Section 6220 if an affidavit or testimony and any additional information provided to the court pursuant to Section 6306 shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse. The court may issue an order under this part based solely on the affidavit or testimony of the person requesting the restraining order.
(b) The court shall not require notice to be provided to the party to be restrained in advance of accepting a filing
						for, or deciding, an application for an ex parte restraining order pursuant to Article 1 (commencing with Section 6320) of Chapter 2. The court shall not require an explanation or declaration for not providing notice in advance of accepting a filing for, or deciding, an application for an ex parte restraining order. An ex parte restraining order shall not be denied, in whole or in part, because the other party was not provided with notice. A court shall not adopt or maintain any rule, form,
						or practice that is inconsistent with this subdivision.
(c) An ex parte request for a protective order, as defined in Section 6218, shall not be rejected for filing by the court clerk if it is submitted on mandatory Judicial Council forms, includes all of the forms required to issue an order, and identifies the party submitting the request and the party who is the subject of the requested order.
SEC. 2.
Section 6326 of the
Family Code
 is amended to read:
6326.
(a) An ex parte order under this article shall be issued or denied on the same day that the application is submitted to the court, unless the application is filed too late in the day to permit effective review, in which case the order shall be issued or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court.
(b) The court shall not require notice to be provided to the party to be restrained in advance of accepting a filing for, or deciding,
						an application for an ex parte restraining order. The court shall not require an explanation or declaration for not providing notice in advance of accepting a filing for, or deciding, an application for an ex parte restraining order. An ex parte restraining order shall not be denied, in whole or in part, because the other party was not provided with notice. A court shall not adopt or maintain any rule, form, or practice that is inconsistent with this subdivision.