Amended  IN  Assembly  March 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3072

Introduced by Assembly Member Petrie-Norris

February 16, 2024

An act to amend Section 6220 3064 of the Family Code, relating to domestic violence. child custody.


LEGISLATIVE COUNSEL'S DIGEST


AB 3072, as amended, Petrie-Norris. Domestic violence prevention. Child custody: ex parte orders.
Existing law requires the court to refrain from making an order granting or modifying a child custody order on an ex parte basis unless there has been a showing of immediate harm to the child, as defined, or immediate risk that the child will be removed from the State of California.
This bill would require a court to consider a parent’s access to firearms and ammunition when determining whether there is a showing of immediate harm to the child, as specified. The bill would also require a court to consider whether the safety and best interest of the child requires the suspension, denial, or limitation of visitation if there is a showing of immediate harm.

Existing law establishes the Domestic Violence Prevention Act, and provides that the purpose of the act is to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable them to seek a resolution of the causes of the violence.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 3064 of the Family Code is amended to read:

3064.
 (a) The court shall refrain from making an order granting or modifying a custody order on an ex parte basis unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the State of California.
(b) (1) “Immediate harm to the child” includes, but is not limited to, either of the following:

(1)

(A) Having a parent who has committed acts of domestic violence, where if the court determines that the acts of domestic violence are of recent origin or are a part of a demonstrated and continuing pattern of acts of domestic violence.

(2)

(B) Sexual abuse of the child, where if the court determines that the acts of sexual abuse are of recent origin or are a part of a demonstrated and continuing pattern of acts of sexual abuse.
(2) In determining whether there is a showing of immediate harm to the child, the court shall consider a parent’s access to firearms and ammunition, including, but not limited to, whether a parent is prohibited from having firearms and ammunition.
(c) If there is a showing of immediate harm to the child, the court shall consider whether the safety and best interest of the child requires that visitation by that parent be suspended, denied, or limited to situations in which a third person, as specified by the court, is present, including virtual visitation.

SECTION 1.Section 6220 of the Family Code is amended to read:
6220.

The purpose of this division is to prevent acts of domestic violence, abuse, and sexual abuse, and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable them to seek a resolution of the causes of the violence.