California 2021-2022 Regular Session

California Assembly Bill AB2369 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Assembly Bill No. ~~2369 CHAPTER 591~~ An act to repeal and add Section 6344 of the Family Code, relating to domestic violence. ~~[ Approved by Governor September 27, 2022. Filed with Secretary of State September 27, 2022. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 2369, 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, and upon request, require a court to issue an order for the payment of attorneys fees and costs for a prevailing petitioner. The bill would authorize a court, after notice and a hearing, and upon request, to issue an order for the payment of attorneys fees and costs for a 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 Section 6344 of the Family Code is repealed.SEC. 2.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, upon request, shall issue an order for the payment of attorneys fees and costs for a prevailing petitioner.(b) After notice and a hearing, the court, upon request, may issue an order for the payment of attorneys fees and costs for a 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.(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.
	1	+	Enrolled September 01, 2022 Passed IN Senate August 29, 2022 Passed IN Assembly August 30, 2022 Amended IN Senate August 17, 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. 2369Introduced by Assembly Member Salas(Coauthor: Assembly Member Cristina Garcia)February 16, 2022 An act to repeal and add Section 6344 of the Family Code, relating to domestic violence.LEGISLATIVE COUNSEL'S DIGESTAB 2369, 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, and upon request, require a court to issue an order for the payment of attorneys fees and costs for a prevailing petitioner. The bill would authorize a court, after notice and a hearing, and upon request, to issue an order for the payment of attorneys fees and costs for a 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, upon request, shall issue an order for the payment of attorneys fees and costs for a prevailing petitioner.(b) After notice and a hearing, the court, upon request, may issue an order for the payment of attorneys fees and costs for a 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.(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.
2	2
3		-	Assembly Bill No. ~~2369 CHAPTER 591~~ An act to repeal and add Section 6344 of the Family Code, relating to domestic violence. ~~[ Approved by Governor September 27, 2022. Filed with Secretary of State September 27, 2022. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 2369, 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, and upon request, require a court to issue an order for the payment of attorneys fees and costs for a prevailing petitioner. The bill would authorize a court, after notice and a hearing, and upon request, to issue an order for the payment of attorneys fees and costs for a 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
	3	+	Enrolled September 01, 2022 Passed IN Senate August 29, 2022 Passed IN Assembly August 30, 2022 Amended IN Senate August 17, 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. 2369Introduced by Assembly Member Salas(Coauthor: Assembly Member Cristina Garcia)February 16, 2022 An act to repeal and add Section 6344 of the Family Code, relating to domestic violence.LEGISLATIVE COUNSEL'S DIGESTAB 2369, 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, and upon request, require a court to issue an order for the payment of attorneys fees and costs for a prevailing petitioner. The bill would authorize a court, after notice and a hearing, and upon request, to issue an order for the payment of attorneys fees and costs for a 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
4	4
5		-	Assembly ~~Bill No.~~ ~~2369 CHAPTER 591~~
	5	+	Enrolled September 01, 2022 Passed IN Senate August 29, 2022 Passed IN Assembly August 30, 2022 Amended IN Senate August 17, 2022 Amended IN Senate June 09, 2022 Amended IN Assembly March 29, 2022 Amended IN Assembly March 24, 2022
6	6
7		-	Assembly Bill No. 2369
	7	+	Enrolled September 01, 2022
	8	+	Passed IN Senate August 29, 2022
	9	+	Passed IN Assembly August 30, 2022
	10	+	Amended IN Senate August 17, 2022
	11	+	Amended IN Senate June 09, 2022
	12	+	Amended IN Assembly March 29, 2022
	13	+	Amended IN Assembly March 24, 2022
8	14
9		-	CHAPTER 591
	15	+	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
	16	+
	17	+	Assembly Bill
	18	+
	19	+	No. 2369
	20	+
	21	+	Introduced by Assembly Member Salas(Coauthor: Assembly Member Cristina Garcia)February 16, 2022
	22	+
	23	+	Introduced by Assembly Member Salas(Coauthor: Assembly Member Cristina Garcia)
	24	+	February 16, 2022
10	25
11	26		An act to repeal and add Section 6344 of the Family Code, relating to domestic violence.
12		-
13		-	[ Approved by Governor September 27, 2022. Filed with Secretary of State September 27, 2022. ]
14	27
15	28		LEGISLATIVE COUNSEL'S DIGEST
16	29
17	30		## LEGISLATIVE COUNSEL'S DIGEST
18	31
19	32		AB 2369, Salas. Domestic Violence Prevention Act: attorneys fees and costs.
20	33
21	34		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, and upon request, require a court to issue an order for the payment of attorneys fees and costs for a prevailing petitioner. The bill would authorize a court, after notice and a hearing, and upon request, to issue an order for the payment of attorneys fees and costs for a 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.
22	35
23	36		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.
24	37
25	38		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.
26	39
27	40		This bill would instead, after notice and a hearing, and upon request, require a court to issue an order for the payment of attorneys fees and costs for a prevailing petitioner. The bill would authorize a court, after notice and a hearing, and upon request, to issue an order for the payment of attorneys fees and costs for a 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.
28	41
29	42		## Digest Key
30	43
31	44		## Bill Text
32	45
33	46		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, upon request, shall issue an order for the payment of attorneys fees and costs for a prevailing petitioner.(b) After notice and a hearing, the court, upon request, may issue an order for the payment of attorneys fees and costs for a 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.(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.
34	47
35	48		The people of the State of California do enact as follows:
36	49
37	50		## The people of the State of California do enact as follows:
38	51
39	52		SECTION 1. Section 6344 of the Family Code is repealed.
40	53
41	54		SECTION 1. Section 6344 of the Family Code is repealed.
42	55
43	56		### SECTION 1.
44	57
45	58
46	59
47	60		SEC. 2. Section 6344 is added to the Family Code, to read:6344. (a) After notice and a hearing, a court, upon request, shall issue an order for the payment of attorneys fees and costs for a prevailing petitioner.(b) After notice and a hearing, the court, upon request, may issue an order for the payment of attorneys fees and costs for a 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.(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.
48	61
49	62		SEC. 2. Section 6344 is added to the Family Code, to read:
50	63
51	64		### SEC. 2.
52	65
53	66		6344. (a) After notice and a hearing, a court, upon request, shall issue an order for the payment of attorneys fees and costs for a prevailing petitioner.(b) After notice and a hearing, the court, upon request, may issue an order for the payment of attorneys fees and costs for a 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.(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.
54	67
55	68		6344. (a) After notice and a hearing, a court, upon request, shall issue an order for the payment of attorneys fees and costs for a prevailing petitioner.(b) After notice and a hearing, the court, upon request, may issue an order for the payment of attorneys fees and costs for a 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.(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.
56	69
57	70		6344. (a) After notice and a hearing, a court, upon request, shall issue an order for the payment of attorneys fees and costs for a prevailing petitioner.(b) After notice and a hearing, the court, upon request, may issue an order for the payment of attorneys fees and costs for a 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.(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.
58	71
59	72
60	73
61	74		6344. (a) After notice and a hearing, a court, upon request, shall issue an order for the payment of attorneys fees and costs for a prevailing petitioner.
62	75
63	76		(b) After notice and a hearing, the court, upon request, may issue an order for the payment of attorneys fees and costs for a 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.
64	77
65	78		(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.