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CALIFORNIA DOMESTIC VIOLENCE- SUMMARY OF STATUTES
(provided by Glen Rabenn, Esq.)
ACCESS TO DOMESTIC VIOLENCE REPORTS ACT OF 1999
ADDED: Family Code 6228
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EXISTING: Procedures have been established for the prevention of domestic violence. In
addition, perpetrators of domestic violence can receive both civil and
criminal sanctions.
NEW: Each state and local law enforcement agency is required to provide, without imposing a fee, one copy of any domestic violence incident report face sheet, domestic violence incident report, or both, upon request, to a victim of domestic violence within a specified amount of time, thereby imposing a state-mandated local program.
AMENDED: Code of Civil Procedure 185
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EXISTING: Every written proceeding in a court must be in the English language
NEW: A court can issue an unofficial translation of a court order in a language other than English. By July 1, 2001, the Judicial Council must make available, in other languages, specified forms relating to domestic violence.
AMENDED: Family Code 6304, 6989
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EXISTING: When making a protective order, where both parties are present in court, the
court must inform both parties of the terms of the order, including notice
that the respondent is prohibited purchasing or receiving or attempting to
purchase or receive a firearm, and including notice of the penalty for
violation.
A court can grant an exemption from the firearm relinquishment provisions of a restraining order if the firearm is required by the restrained person's employment.
NEW: The notice has been expanded to include owning or possessing a firearm. (Family Code 6304)
The court can allow a peace officer to continue to carry a firearm, either on or off duty, if his employment and personal safety depends on the ability to carry a firearm, and the court finds by a preponderance of the evidence that the officer does not pose a threat of harm. Prior to making that finding, the court must require a psychological evaluation of the peace officer. (Family Code 6389)
AMENDED: Family Code 6343
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EXISTING: A court, after notice and a hearing, can issue an order requiring a restrained
person to participate in appropriate counseling, as specified, and batterer's
treatment counseling.
NEW: The court, after notice and a hearing, can order a restrained person to participate in a batterer's program that has been approved by the probation department as meeting the standards stated in a specified provision of law. The bill would also provide that the courts shall, in consultation with local domestic violence shelters and programs, develop a resource list of referrals to appropriate community domestic violence programs and services to be provided to each applicant for such an order.
Glen Rabenn, Attorney at Law located at
http://www.californiadivorce.com/
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Recommended Resources:
California Divorce Source
California Divorce Laws
California Community Forum
California Divorce Resources
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