Assembly BillNo. 499

P2    1

527.6.  

(a) (1) A person who has suffered harassment as
2defined in subdivision (b) may seek a temporary restraining order
3and an injunction prohibiting harassment as provided in this
4section.

5(2) A minor, under 12 years of age, accompanied by a duly
6appointed and acting guardian ad litem, shall be permitted to appear
7in court without counsel for the limited purpose of requesting or
8opposing a request for a temporary restraining order or injunction,
9or both, under this section as provided in Section 374.

10(b) For the purposes of this section:

11(1) “Course of conduct” is a pattern of conduct composed of a
12series of acts over a period of time, however short, evidencing a
13continuity of purpose, including following or stalking an individual,
14making harassing telephone calls to an individual, or sending
15harassing correspondence to an individual by any means, including,
16but not limited to, the use of public or private mails, interoffice
17mail, facsimile, or computer email. Constitutionally protected
18activity is not included within the meaning of “course of conduct.”

19(2) “Credible threat of violence” is a knowing and willful
20statement or course of conduct that would place a reasonable person
21in fear for his or her safety, or the safety of his or her immediate
22family, and that serves no legitimate purpose.

23(3) “Harassment” is unlawful violence, a credible threat of
24violence, or a knowing and willful course of conduct directed at
25a specific person that seriously alarms, annoys, or harasses the
26person, and that serves no legitimate purpose. The course of
27conduct must be such as would cause a reasonable person to suffer
28substantial emotional distress, and must actually cause substantial
29emotional distress to the petitioner.

30(4) “Petitioner” means the person to be protected by the
31temporary restraining order and injunction and, if the court grants
32the petition, the protected person.

33(5) “Respondent” means the person against whom the temporary
34restraining order and injunction are sought and, if the petition is
35granted, the restrained person.

36(6) “Temporary restraining order” and “injunction” mean orders
37that include any of the following restraining orders, whether issued
38ex parte or after notice and hearing:

39(A) An order enjoining a party from harassing, intimidating,
40molesting, attacking, striking, stalking, threatening, sexually
P3    1assaulting, battering, abusing, telephoning, including, but not
2limited to, making annoying telephone calls, as described in Section
3653m of the Penal Code, destroying personal property, contacting,
4either directly or indirectly, by mail or otherwise, or coming within
5a specified distance of, or disturbing the peace of, the petitioner.

6(B) An order enjoining a party from specified behavior that the
7court determines is necessary to effectuate orders described in
8subparagraph (A).

9(7) “Unlawful violence” is any assault or battery, or stalking as
10prohibited in Section 646.9 of the Penal Code, but shall not include
11lawful acts of self-defense or defense of others.

12(c) In the discretion of the court, on a showing of good cause,
13a temporary restraining order or injunction issued under this section
14may include other named family or household members.

15(d) Upon filing a petition for an injunction under this section,
16the petitioner may obtain a temporary restraining order in
17accordance with Section 527, except to the extent this section
18provides a rule that is inconsistent. The temporary restraining order
19may include any of the restraining orders described in paragraph
20(6) of subdivision (b). A temporary restraining order may be issued
21with or without notice, based on a declaration that, to the
22satisfaction of the court, shows reasonable proof of harassment of
23the petitioner by the respondent, and that great or irreparable harm
24would result to the petitioner.

25(e) A request for the issuance of a temporary restraining order
26without notice under this section shall be granted or denied on the
27same day that the petition is submitted to the court, unless the
28petition is filed too late in the day to permit effective review, in
29which case the order shall be granted or denied on the next day of
30judicial business in sufficient time for the order to be filed that day
31with the clerk of the court.

32(f) A temporary restraining order issued under this section shall
33remain in effect, at the court’s discretion, for a period not to exceed
3421 days, or, if the court extends the time for hearing under
35subdivision (g), not to exceed 25 days, unless otherwise modified
36or terminated by the court.

37(g) Within 21 days, or, if good cause appears to the court, 25
38days from the date that a petition for a temporary order is granted
39or denied, a hearing shall be held on the petition for the injunction.
40If no request for temporary orders is made, the hearing shall be
P4    1held within 21 days, or, if good cause appears to the court, 25 days,
2from the date that the petition is filed.

3(h) The respondent may file a response that explains, excuses,
4justifies, or denies the alleged harassment or may file a
5cross-petition under this section.

6(i) At the hearing, the judge shall receive any testimony that is
7relevant, and may make an independent inquiry. If the judge finds
8by clear and convincing evidence that unlawful harassment exists,
9an injunction shall issue prohibiting the harassment.

10(j) (1) In the discretion of the court, an order issued after notice
11and hearing under this section may have a duration of up to ten
12years, subject to termination or modification by further order of
13the court either on written stipulation filed with the court or on the
14motion of a party.begin insert The length of the order shall be determined
15based upon the seriousness of the facts before the court, the
16probability of future violations occurring, and the safety of the
17victim and his or her immediate family.end insert

18(2) The failure to state the expiration date on the face of the
19form creates an order with a duration of five years from the date
20of issuance.

21(3) If an action is filed for the purpose of terminating or
22modifying a protective order prior to the expiration date specified
23in the order by a party other than the protected party, the party
24who is protected by the order shall be given notice, pursuant to
25subdivision (b) of Section 1005, of the proceeding by personal
26service or, if the protected party has satisfied the requirements of
27Chapter 3.1 (commencing with Section 6205) of Division 7 of
28Title 1 of the Government Code, by service on the Secretary of
29State. If the party who is protected by the order cannot be notified
30prior to the hearing for modification or termination of the protective
31order, the court shall deny the motion to modify or terminate the
32order without prejudice or continue the hearing until the party who
33is protected can be properly noticed and may, upon a showing of
34good cause, specify another method for service of process that is
35reasonably designed to afford actual notice to the protected party.
36The protected party may waive his or her right to notice if he or
37she is physically present in court and does not challenge the
38sufficiency of the notice.

P5    1(k) This section does not preclude either party from
2representation by private counsel or from appearing on the party’s
3own behalf.

4(l) In a proceeding under this section if there are allegations of
5unlawful violence or credible threats of violence, a support person
6may accompany a party in court and, if the party is not represented
7by an attorney, may sit with the party at the table that is generally
8reserved for the party and the party’s attorney. The support person
9is present to provide moral and emotional support for a person
10who alleges he or she is a victim of violence. The support person
11is not present as a legal adviser and may not provide legal advice.
12The support person may assist the person who alleges he or she is
13a victim of violence in feeling more confident that he or she will
14not be injured or threatened by the other party during the
15proceedings if the person who alleges he or she is a victim of
16violence and the other party are required to be present in close
17proximity. This subdivision does not preclude the court from
18exercising its discretion to remove the support person from the
19courtroom if the court believes the support person is prompting,
20swaying, or influencing the party assisted by the support person.

21(m) Upon the filing of a petition for an injunction under this
22section, the respondent shall be personally served with a copy of
23the petition, temporary restraining order, if any, and notice of
24hearing of the petition. Service shall be made at least five days
25before the hearing. The court may for good cause, on motion of
26the petitioner or on its own motion, shorten the time for service
27on the respondent.

28(n) A notice of hearing under this section shall notify the
29respondent that if he or she does not attend the hearing, the court
30may make orders against him or her that could last up to three
31years.

32(o) (1) The court may, upon the filing of a declaration by the
33petitioner that the respondent could not be served within the time
34required by statute, reissue an order previously issued and dissolved
35by the court for failure to serve the respondent. The reissued order
36shall remain in effect until the date set for the hearing.

37(2) The reissued order shall state on its face the date of
38expiration of the order.

39(p) (1) If a respondent, named in a restraining order issued after
40a hearing, has not been served personally with the order but has
P6    1 received actual notice of the existence and substance of the order
2through personal appearance in court to hear the terms of the order
3from the court, no additional proof of service is required for
4enforcement of the order.

5(2) If the respondent named in a temporary restraining order is
6personally served with the order and notice of hearing with respect
7to a restraining order or protective order based on the temporary
8restraining order, but the respondent does not appear at the hearing,
9either personally or by an attorney, and the terms and conditions
10of the restraining order or protective order issued at the hearing
11are identical to the temporary restraining order, except for the
12duration of the order, then the restraining order or protective order
13issued at the hearing may be served on the respondent by first-class
14mail sent to the respondent at the most current address for the
15respondent available to the court.

16(3) The Judicial Council form for temporary orders issued
17pursuant to this subdivision shall contain a statement in
18substantially the following form:

20“If you have been personally served with this temporary
21restraining order and notice of hearing, but you do not appear at
22the hearing either in person or by a lawyer, and a restraining order
23that is the same as this temporary restraining order except for the
24expiration date is issued at the hearing, a copy of the restraining
25order will be served on you by mail at the following address: ____.

26If that address is not correct or you wish to verify that the
27temporary restraining order was converted to a restraining order
28at the hearing without substantive change and to find out the
29duration of that order, contact the clerk of the court.”

31(q) (1) Information on any temporary restraining order or
32injunction relating to civil harassment issued by a court pursuant
33to this section shall be transmitted to the Department of Justice in
34accordance with either paragraph (2) or (3).

35(2) The court shall order the petitioner or the attorney for the
36petitioner to deliver a copy of an order issued under this section,
37or reissuance, extension, modification, or termination of the order,
38and any subsequent proof of service, by the close of the business
39day on which the order, reissuance, extension, modification, or
40termination was made, to a law enforcement agency having
P7    1jurisdiction over the residence of the petitioner and to any
2additional law enforcement agencies within the court’s discretion
3as are requested by the petitioner.

4(3) Alternatively, the court or its designee shall transmit, within
5one business day, to law enforcement personnel all information
6required under subdivision (b) of Section 6380 of the Family Code
7regarding any order issued under this section, or a reissuance,
8extension, modification, or termination of the order, and any
9subsequent proof of service, by either one of the following
10methods:

11(A) Transmitting a physical copy of the order or proof of service
12to a local law enforcement agency authorized by the Department
13of Justice to enter orders into the California Law Enforcement
14Telecommunications System (CLETS).

15(B) With the approval of the Department of Justice, entering
16the order or proof of service into CLETS directly.

17(4) Each appropriate law enforcement agency shall make
18available information as to the existence and current status of these
19orders to law enforcement officers responding to the scene of
20reported harassment.

21(5) An order issued under this section shall, on request of the
22petitioner, be served on the respondent, whether or not the
23respondent has been taken into custody, by any law enforcement
24officer who is present at the scene of reported harassment involving
25the parties to the proceeding. The petitioner shall provide the
26officer with an endorsed copy of the order and a proof of service
27that the officer shall complete and send to the issuing court.

28(6) Upon receiving information at the scene of an incident of
29harassment that a protective order has been issued under this
30section, or that a person who has been taken into custody is the
31subject of an order, if the protected person cannot produce a
32certified copy of the order, a law enforcement officer shall
33immediately attempt to verify the existence of the order.

34(7) If the law enforcement officer determines that a protective
35order has been issued, but not served, the officer shall immediately
36notify the respondent of the terms of the order and shall at that
37time also enforce the order. Verbal notice of the terms of the order
38shall constitute service of the order and is sufficient notice for the
39purposes of this section and for the purposes of Section 29825 of
40the Penal Code.

P8    1(r) The prevailing party in any action brought under this section
2may be awarded court costs and attorney’s fees, if any.

3(s) Any willful disobedience of any temporary restraining order
4or injunction granted under this section is punishable pursuant to
5Section 273.6 of the Penal Code.

6(t) (1) A person subject to a protective order issued under this
7section shall not own, possess, purchase, receive, or attempt to
8purchase or receive a firearm or ammunition while the protective
9order is in effect.

10(2) The court shall order a person subject to a protective order
11issued under this section to relinquish any firearms he or she owns
12or possesses pursuant to Section 527.9.

13(3) Every person who owns, possesses, purchases, or receives,
14or attempts to purchase or receive, a firearm or ammunition while
15the protective order is in effect is punishable pursuant to Section
1629825 of the Penal Code.

17(u) This section does not apply to any action or proceeding
18covered by Title 1.6C (commencing with Section 1788) of Part 4
19of Division 3 of the Civil Code or by Division 10 (commencing
20with Section 6200) of the Family Code. This section does not
21preclude a petitioner from using other existing civil remedies.

22(v) (1) The Judicial Council shall develop forms, instructions,
23and rules relating to matters governed by this section. The petition
24and response forms shall be simple and concise, and their use by
25parties in actions brought pursuant to this section shall be
26mandatory.

27(2) A temporary restraining order or injunction relating to civil
28harassment issued by a court pursuant to this section shall be issued
29on forms adopted by the Judicial Council of California and that
30have been approved by the Department of Justice pursuant to
31subdivision (i) of Section 6380 of the Family Code. However, the
32fact that an order issued by a court pursuant to this section was not
33issued on forms adopted by the Judicial Council and approved by
34the Department of Justice shall not, in and of itself, make the order
35unenforceable.

36(w) There is no filing fee for a petition that alleges that a person
37has inflicted or threatened violence against the petitioner, or stalked
38the petitioner, or acted or spoken in any other manner that has
39placed the petitioner in reasonable fear of violence, and that seeks
40a protective or restraining order or injunction restraining stalking
P9    1or future violence or threats of violence, in any action brought
2pursuant to this section. No fee shall be paid for a subpoena filed
3in connection with a petition alleging these acts. No fee shall be
4paid for filing a response to a petition alleging these acts.

5(x) (1) Subject to paragraph (4) of subdivision (b) of Section
66103.2 of the Government Code, there shall be no fee for the
7service of process by a sheriff or marshal of a protective order,
8restraining order, or injunction to be issued, if either of the
9following conditions applies:

10(A) The protective order, restraining order, or injunction issued
11pursuant to this section is based upon stalking, as prohibited by
12Section 646.9 of the Penal Code.

13(B) The protective order, restraining order, or injunction issued
14pursuant to this section is based upon unlawful violence or a
15credible threat of violence.

16(2) The Judicial Council shall prepare and develop forms for
17persons who wish to avail themselves of the services described in
18this subdivision.