Amended IN Senate June 09, 2022 Amended IN Assembly March 29, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2369Introduced by Assembly Member SalasFebruary 16, 2022 An act to repeal and add Section 6344 of the Family Code, relating to domestic violence.LEGISLATIVE COUNSEL'S DIGESTAB 2369, as amended, Salas. Domestic Violence Prevention Act: attorneys fees and costs.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 a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party.Existing law authorizes a court to issue an order for the payment of attorneys fees and costs of the prevailing party. Existing law also requires the court to order that the respondent pay petitioners attorneys fees and costs, in any action in which the petitioner is the prevailing party and cannot afford to pay for the attorneys fees, if appropriate, as specified.This bill would instead, after notice and a hearing, require a court to issue an order for the payment of attorneys fees and costs for a prevailing protected party. petitioner. The bill would authorize a court court, after notice and a hearing, to issue an order for the payment of attorneys fees and costs for a prevailing party who was sought to be restrained only if the court finds that the petition was brought in bad faith. prevailing respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay. The bill would require the court, before awarding attorneys fees and costs, to first find that the party ordered to pay has, or is reasonably likely to have, the ability to pay.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6344 of the Family Code is repealed.SEC. 2. Section 6344 is added to the Family Code, to read:6344. (a) After notice and a hearing, a court shall issue an order for the payment of attorneys fees and costs for a prevailing protected party. petitioner.(b) The After notice and a hearing, the court may issue an order for the payment of attorneys fees and costs for a prevailing party who was sought to be restrained only if the court finds that the petition was brought in bad faith. respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay.(c) Before a court awards attorneys fees and costs pursuant to this section, the court shall first determine pursuant to Section 270 that the party ordered to pay has, or is reasonably likely to have, the ability to pay.
Amended IN Senate June 09, 2022 Amended IN Assembly March 29, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2369Introduced by Assembly Member SalasFebruary 16, 2022 An act to repeal and add Section 6344 of the Family Code, relating to domestic violence.LEGISLATIVE COUNSEL'S DIGESTAB 2369, as amended, Salas. Domestic Violence Prevention Act: attorneys fees and costs.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 a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party.Existing law authorizes a court to issue an order for the payment of attorneys fees and costs of the prevailing party. Existing law also requires the court to order that the respondent pay petitioners attorneys fees and costs, in any action in which the petitioner is the prevailing party and cannot afford to pay for the attorneys fees, if appropriate, as specified.This bill would instead, after notice and a hearing, require a court to issue an order for the payment of attorneys fees and costs for a prevailing protected party. petitioner. The bill would authorize a court court, after notice and a hearing, to issue an order for the payment of attorneys fees and costs for a prevailing party who was sought to be restrained only if the court finds that the petition was brought in bad faith. prevailing respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay. The bill would require the court, before awarding attorneys fees and costs, to first find that the party ordered to pay has, or is reasonably likely to have, the ability to pay.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate June 09, 2022 Amended IN Assembly March 29, 2022 Amended IN Assembly March 24, 2022
Amended IN Senate June 09, 2022
Amended IN Assembly March 29, 2022
Amended IN Assembly March 24, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2369
Introduced by Assembly Member SalasFebruary 16, 2022
Introduced by Assembly Member Salas
February 16, 2022
An act to repeal and add Section 6344 of the Family Code, relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2369, as amended, Salas. Domestic Violence Prevention Act: attorneys fees and costs.
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 a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party.Existing law authorizes a court to issue an order for the payment of attorneys fees and costs of the prevailing party. Existing law also requires the court to order that the respondent pay petitioners attorneys fees and costs, in any action in which the petitioner is the prevailing party and cannot afford to pay for the attorneys fees, if appropriate, as specified.This bill would instead, after notice and a hearing, require a court to issue an order for the payment of attorneys fees and costs for a prevailing protected party. petitioner. The bill would authorize a court court, after notice and a hearing, to issue an order for the payment of attorneys fees and costs for a prevailing party who was sought to be restrained only if the court finds that the petition was brought in bad faith. prevailing respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay. The bill would require the court, before awarding attorneys fees and costs, to first find that the party ordered to pay has, or is reasonably likely to have, the ability to pay.
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 a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party.
Existing law authorizes a court to issue an order for the payment of attorneys fees and costs of the prevailing party. Existing law also requires the court to order that the respondent pay petitioners attorneys fees and costs, in any action in which the petitioner is the prevailing party and cannot afford to pay for the attorneys fees, if appropriate, as specified.
This bill would instead, after notice and a hearing, require a court to issue an order for the payment of attorneys fees and costs for a prevailing protected party. petitioner. The bill would authorize a court court, after notice and a hearing, to issue an order for the payment of attorneys fees and costs for a prevailing party who was sought to be restrained only if the court finds that the petition was brought in bad faith. prevailing respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay. The bill would require the court, before awarding attorneys fees and costs, to first find that the party ordered to pay has, or is reasonably likely to have, the ability to pay.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 6344 of the Family Code is repealed.SEC. 2. Section 6344 is added to the Family Code, to read:6344. (a) After notice and a hearing, a court shall issue an order for the payment of attorneys fees and costs for a prevailing protected party. petitioner.(b) The After notice and a hearing, the court may issue an order for the payment of attorneys fees and costs for a prevailing party who was sought to be restrained only if the court finds that the petition was brought in bad faith. respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay.(c) Before a court awards attorneys fees and costs pursuant to this section, the court shall first determine pursuant to Section 270 that the party ordered to pay has, or is reasonably likely to have, the ability to pay.
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 6344 of the Family Code is repealed.
SECTION 1. Section 6344 of the Family Code is repealed.
### SECTION 1.
SEC. 2. Section 6344 is added to the Family Code, to read:6344. (a) After notice and a hearing, a court shall issue an order for the payment of attorneys fees and costs for a prevailing protected party. petitioner.(b) The After notice and a hearing, the court may issue an order for the payment of attorneys fees and costs for a prevailing party who was sought to be restrained only if the court finds that the petition was brought in bad faith. respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay.(c) Before a court awards attorneys fees and costs pursuant to this section, the court shall first determine pursuant to Section 270 that the party ordered to pay has, or is reasonably likely to have, the ability to pay.
SEC. 2. Section 6344 is added to the Family Code, to read:
### SEC. 2.
6344. (a) After notice and a hearing, a court shall issue an order for the payment of attorneys fees and costs for a prevailing protected party. petitioner.(b) The After notice and a hearing, the court may issue an order for the payment of attorneys fees and costs for a prevailing party who was sought to be restrained only if the court finds that the petition was brought in bad faith. respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay.(c) Before a court awards attorneys fees and costs pursuant to this section, the court shall first determine pursuant to Section 270 that the party ordered to pay has, or is reasonably likely to have, the ability to pay.
6344. (a) After notice and a hearing, a court shall issue an order for the payment of attorneys fees and costs for a prevailing protected party. petitioner.(b) The After notice and a hearing, the court may issue an order for the payment of attorneys fees and costs for a prevailing party who was sought to be restrained only if the court finds that the petition was brought in bad faith. respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay.(c) Before a court awards attorneys fees and costs pursuant to this section, the court shall first determine pursuant to Section 270 that the party ordered to pay has, or is reasonably likely to have, the ability to pay.
6344. (a) After notice and a hearing, a court shall issue an order for the payment of attorneys fees and costs for a prevailing protected party. petitioner.(b) The After notice and a hearing, the court may issue an order for the payment of attorneys fees and costs for a prevailing party who was sought to be restrained only if the court finds that the petition was brought in bad faith. respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay.(c) Before a court awards attorneys fees and costs pursuant to this section, the court shall first determine pursuant to Section 270 that the party ordered to pay has, or is reasonably likely to have, the ability to pay.
6344. (a) After notice and a hearing, a court shall issue an order for the payment of attorneys fees and costs for a prevailing protected party. petitioner.
(b) The After notice and a hearing, the court may issue an order for the payment of attorneys fees and costs for a prevailing party who was sought to be restrained only if the court finds that the petition was brought in bad faith. respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay.
(c) Before a court awards attorneys fees and costs pursuant to this section, the court shall first determine pursuant to Section 270 that the party ordered to pay has, or is reasonably likely to have, the ability to pay.