SB 161

Current law defines domestic abuse, for the purpose of issuing a domestic abuse

temporary restraining order (TRO) or injunction, as intentionally inflicting pain,

injury, or illness on another, impairing another's physical condition, sexual assault,

damage to another's property, or a threat to do any of those actions if the actor is

engaging in the action against another adult family or household member, an adult

who is under the actor's care, the actor's former spouse, a person with whom the actor

has or had a dating relationship, or an adult with whom the actor has a child in

common. This bill adds stalking, or a threat to stalk, to the actions that constitute

domestic abuse.

Under current law, when issuing a harassment TRO or injunction, the court

may order the respondent to cease or avoid the harassment of another person or to

avoid the petitioner's residence, any premises temporarily occupied by the petitioner,

or both. Under this bill, the court may order the respondent to avoid contacting or

causing any person other than a party's attorney or a law enforcement officer to

contact the petitioner without the petitioner's written consent.

Under current law, in an action involving the issuance of a child abuse TRO or

injunction, the court may exclude from the hearing all persons except the parties,

their attorneys, witnesses, child victim advocates, and certain others (essential

persons) and may deny access to persons who are not essential persons to any records

of the action. Under this bill, all persons who are not essential persons are excluded

and any records of the action are confidential and available only to essential persons.

In actions involving the issuance of a domestic abuse or harassment TRO or

injunction, current law provides for the confidentiality of the victim's addresses.

This bill provides for the confidentiality of the addresses of a victim in an action

involving the issuance of an individual-at-risk or a child abuse TRO or injunction.

Under current law, in general, a judge must hold a hearing on the issuance of

a domestic abuse, child abuse, individual-at-risk, or harassment injunction within

14 days of issuing a TRO. This bill specifies that a court may not extend the TRO in

lieu of ruling on the injunction.

This bill specifies that, in an action involving the issuance of a child abuse TRO

or injunction, the victim or the victim's parent, stepparent, or legal guardian does not

have to pay the compensation of the guardian ad litem. This bill also specifies that,

if a person seeks a new hearing of a determination, order, or ruling a court makes in

an action involving the issuance of a domestic abuse, child abuse, individual-at-risk,

or harassment TRO or injunction, the determination, order, or ruling made in the

original hearing remains in effect until the final determination, order, or ruling is

made in the new hearing. Finally, the bill specifies that, in the event that a new judge

substitutes for the original judge, any ex parte order, which includes a TRO, granted

by the original judge remains in effect and the new judge must hear any subsequent

motion to modify or vacate the order and any TRO issued by the original judge is