CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 538

Introduced by Senator Rubio

February 17, 2021

An act to amend Section 6320.5 of the Family Code, relating to domestic violence.


LEGISLATIVE COUNSEL'S DIGEST


SB 538, as introduced, Rubio. Domestic violence protective orders.
Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence.
Existing law authorizes a court to issue an ex parte order enjoining a party from engaging in specified acts against another party, including threatening or harassing that party or disturbing their peace, and, in the discretion of the court, against other named family or household members. Under existing law, a petitioner who was denied an ex parte order has the right to a noticed hearing on the earliest date that the business of the court will permit, but not later than 21 days or, if good cause appears to the court, 25 days from the date of the order.
This bill would require the noticed hearing to be not later than 14 days or, if good cause appears to the court, 21 days from the date of the order.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6320.5 of the Family Code is amended to read:

6320.5.
 (a) An order denying a petition for an ex parte order pursuant to Section 6320 shall include the reasons for denying the petition.
(b) An order denying a jurisdictionally adequate petition for an ex parte order, pursuant to Section 6320, shall provide the petitioner the right to a noticed hearing on the earliest date that the business of the court will permit, but not later than 21 14 days or, if good cause appears to the court, 25 21 days from the date of the order. The petitioner shall serve on the respondent, at least five days before the hearing, copies of all supporting papers filed with the court, including the application and affidavits.
(c) Notwithstanding subdivision (b), upon the denial of the ex parte order pursuant to Section 6320, the petitioner shall have the option of waiving the right to a noticed hearing. However, this section does not preclude a petitioner who waives the right to a noticed hearing from refiling a new petition, without prejudice, at a later time.