SB 567

Under current law, an individual who is, or who acts on behalf of, a victim of

abuse, harassment, or threats may obtain a temporary restraining order against the

person who has committed the acts of abuse or harassment or making a threat. The

restraining order bars the person from contacting the victim and requires the person

to stay away from the victim's residence and other places temporarily occupied by the

victim until a court conducts a hearing to determine whether the restraining order

should be incorporated into a longer-lasting injunction.

If the court determines that the person has engaged in, or may engage in, acts

of abuse, harassment, or threats against the victim, the court may issue an

injunction against the person. An injunction generally bars the person from

contacting the victim, requires the person to stay away from the victim's residence,

and may require the person to stay away from other locations temporarily occupied

by the victim. An injunction may stay in effect for a maximum period of four years,

except that if the victim is a child, the injunction may stay in effect for a maximum

period of two years, or until the child reaches the age of 18, whichever occurs first.

Under current law, if an injunction expires before the maximum period allowable for

the injunction, the court may extend the injunction, but only up to the maximum

allowable period.

Under this bill, if a judge issues an injunction or extends an injunction that has

expired, the judge may order that the injunction stay in effect for up to eight years,

or up to four years if the victim is a child, if the judge finds that there is a substantial

risk that the person may commit first-degree or second-degree homicide or

first-degree, second-degree, or third-degree sexual assault against the victim.