California 2019-2020 Regular Session

California Assembly Bill AB1796 Latest Draft

Bill / Amended Version Filed 07/14/2020

                            Amended IN  Senate  July 14, 2020 Amended IN  Senate  June 24, 2020 Amended IN  Assembly  April 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1796Introduced by Assembly Member LevineFebruary 22, 2019 An act to add Section 6307 to the Family Code, relating to domestic violence.LEGISLATIVE COUNSEL'S DIGESTAB 1796, as amended, Levine. Domestic violence: restraining orders.Existing law permits a petitioner to seek a restraining order, including a temporary restraining order, to protect against domestic violence. Existing law requires the court to decide whether to grant a request for an ex parte restraining order on the same day that the petition is submitted to the court, which will be effective until the hearing on the petition, except as specified. Existing law directs the Judicial Council to promulgate rules and forms for a petitioner seeking a domestic violence restraining order and to assist local courts in developing procedures to assist a petitioner.This bill would require any court or court facility that receives petitions for domestic violence restraining orders or temporary restraining orders to permit such petitions to be submitted in a drop box located on the court premises, during or and after normal business hours. The bill would provide that the deadlines applicable to any action taken by the court with respect to a petition filed directly with the court also apply to any action taken with respect to a petition submitted in a drop box. The bill would require the Judicial Council to develop rules and to assist courts in developing local rules or procedures necessary to effectuate this provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6307 is added to the Family Code, to read:6307. (a) A court or court facility that receives petitions for domestic violence restraining orders under Chapter 2 (commencing with Section 6320) and domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 shall permit such petitions to be submitted in a drop box located on the court premises, during or and after normal business hours. The deadlines applicable to any action taken by the court with respect to a petition filed directly with the court shall apply to any action taken with respect to a petition submitted in a drop box.(b) The Judicial Council shall develop rules and assist courts in developing local rules or procedures necessary to effectuate this section.

 Amended IN  Senate  July 14, 2020 Amended IN  Senate  June 24, 2020 Amended IN  Assembly  April 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1796Introduced by Assembly Member LevineFebruary 22, 2019 An act to add Section 6307 to the Family Code, relating to domestic violence.LEGISLATIVE COUNSEL'S DIGESTAB 1796, as amended, Levine. Domestic violence: restraining orders.Existing law permits a petitioner to seek a restraining order, including a temporary restraining order, to protect against domestic violence. Existing law requires the court to decide whether to grant a request for an ex parte restraining order on the same day that the petition is submitted to the court, which will be effective until the hearing on the petition, except as specified. Existing law directs the Judicial Council to promulgate rules and forms for a petitioner seeking a domestic violence restraining order and to assist local courts in developing procedures to assist a petitioner.This bill would require any court or court facility that receives petitions for domestic violence restraining orders or temporary restraining orders to permit such petitions to be submitted in a drop box located on the court premises, during or and after normal business hours. The bill would provide that the deadlines applicable to any action taken by the court with respect to a petition filed directly with the court also apply to any action taken with respect to a petition submitted in a drop box. The bill would require the Judicial Council to develop rules and to assist courts in developing local rules or procedures necessary to effectuate this provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  July 14, 2020 Amended IN  Senate  June 24, 2020 Amended IN  Assembly  April 11, 2019

Amended IN  Senate  July 14, 2020
Amended IN  Senate  June 24, 2020
Amended IN  Assembly  April 11, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Assembly Bill 

No. 1796

Introduced by Assembly Member LevineFebruary 22, 2019

Introduced by Assembly Member Levine
February 22, 2019

 An act to add Section 6307 to the Family Code, relating to domestic violence.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1796, as amended, Levine. Domestic violence: restraining orders.

Existing law permits a petitioner to seek a restraining order, including a temporary restraining order, to protect against domestic violence. Existing law requires the court to decide whether to grant a request for an ex parte restraining order on the same day that the petition is submitted to the court, which will be effective until the hearing on the petition, except as specified. Existing law directs the Judicial Council to promulgate rules and forms for a petitioner seeking a domestic violence restraining order and to assist local courts in developing procedures to assist a petitioner.This bill would require any court or court facility that receives petitions for domestic violence restraining orders or temporary restraining orders to permit such petitions to be submitted in a drop box located on the court premises, during or and after normal business hours. The bill would provide that the deadlines applicable to any action taken by the court with respect to a petition filed directly with the court also apply to any action taken with respect to a petition submitted in a drop box. The bill would require the Judicial Council to develop rules and to assist courts in developing local rules or procedures necessary to effectuate this provision.

Existing law permits a petitioner to seek a restraining order, including a temporary restraining order, to protect against domestic violence. Existing law requires the court to decide whether to grant a request for an ex parte restraining order on the same day that the petition is submitted to the court, which will be effective until the hearing on the petition, except as specified. Existing law directs the Judicial Council to promulgate rules and forms for a petitioner seeking a domestic violence restraining order and to assist local courts in developing procedures to assist a petitioner.

This bill would require any court or court facility that receives petitions for domestic violence restraining orders or temporary restraining orders to permit such petitions to be submitted in a drop box located on the court premises, during or and after normal business hours. The bill would provide that the deadlines applicable to any action taken by the court with respect to a petition filed directly with the court also apply to any action taken with respect to a petition submitted in a drop box. The bill would require the Judicial Council to develop rules and to assist courts in developing local rules or procedures necessary to effectuate this provision.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 6307 is added to the Family Code, to read:6307. (a) A court or court facility that receives petitions for domestic violence restraining orders under Chapter 2 (commencing with Section 6320) and domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 shall permit such petitions to be submitted in a drop box located on the court premises, during or and after normal business hours. The deadlines applicable to any action taken by the court with respect to a petition filed directly with the court shall apply to any action taken with respect to a petition submitted in a drop box.(b) The Judicial Council shall develop rules and assist courts in developing local rules or procedures necessary to effectuate this section.

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

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

SECTION 1. Section 6307 is added to the Family Code, to read:6307. (a) A court or court facility that receives petitions for domestic violence restraining orders under Chapter 2 (commencing with Section 6320) and domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 shall permit such petitions to be submitted in a drop box located on the court premises, during or and after normal business hours. The deadlines applicable to any action taken by the court with respect to a petition filed directly with the court shall apply to any action taken with respect to a petition submitted in a drop box.(b) The Judicial Council shall develop rules and assist courts in developing local rules or procedures necessary to effectuate this section.

SECTION 1. Section 6307 is added to the Family Code, to read:

### SECTION 1.

6307. (a) A court or court facility that receives petitions for domestic violence restraining orders under Chapter 2 (commencing with Section 6320) and domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 shall permit such petitions to be submitted in a drop box located on the court premises, during or and after normal business hours. The deadlines applicable to any action taken by the court with respect to a petition filed directly with the court shall apply to any action taken with respect to a petition submitted in a drop box.(b) The Judicial Council shall develop rules and assist courts in developing local rules or procedures necessary to effectuate this section.

6307. (a) A court or court facility that receives petitions for domestic violence restraining orders under Chapter 2 (commencing with Section 6320) and domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 shall permit such petitions to be submitted in a drop box located on the court premises, during or and after normal business hours. The deadlines applicable to any action taken by the court with respect to a petition filed directly with the court shall apply to any action taken with respect to a petition submitted in a drop box.(b) The Judicial Council shall develop rules and assist courts in developing local rules or procedures necessary to effectuate this section.

6307. (a) A court or court facility that receives petitions for domestic violence restraining orders under Chapter 2 (commencing with Section 6320) and domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 shall permit such petitions to be submitted in a drop box located on the court premises, during or and after normal business hours. The deadlines applicable to any action taken by the court with respect to a petition filed directly with the court shall apply to any action taken with respect to a petition submitted in a drop box.(b) The Judicial Council shall develop rules and assist courts in developing local rules or procedures necessary to effectuate this section.



6307. (a) A court or court facility that receives petitions for domestic violence restraining orders under Chapter 2 (commencing with Section 6320) and domestic violence temporary restraining orders under Part 4 (commencing with Section 240) of Division 2 shall permit such petitions to be submitted in a drop box located on the court premises, during or and after normal business hours. The deadlines applicable to any action taken by the court with respect to a petition filed directly with the court shall apply to any action taken with respect to a petition submitted in a drop box.

(b) The Judicial Council shall develop rules and assist courts in developing local rules or procedures necessary to effectuate this section.