Family Law

Family Law News 2015, Issue 4, Volume 37, No. 4

FLEXCOM Affirmative Legislation Passed in 2015

AB 439 (2015) (Assemblyman Richard Bloom). Amending Family Code section 6343. Batterer’s Intervention Reporting. Chaptered July 13, 2015.

AB 439 (2105) will require restrained parties who are ordered to attend a batterer’s program to 1) register for the program by a deadline date set by the court, but no later than thirty days from the date the restraining order is issued; and 2) upon enrollment into the program, sign all necessary consent forms for the program to release proof of enrollment, attendance records, and completion or termination reports to the court and the protected party, or his or her attorney. Currently, victims of domestic violence do not have a way of monitoring the restrained party’s enrollment and progress in a court ordered batterer’s program. Sharing of this crucial information will increase accountability, increase safety of protected parties, and improve the court’s ability to make orders in the best interest of children.

AB 494 (2015) (Assemblyman Brian Maienshein). Amending Cal. Welf. & Inst. Code § 213.5(b)), Cal. Welf. & Inst. Code § 15657.03, Cal. Civ. Proc. Code § 527.6(b)(6). Pet protections in dependency, elder abuse and civil harassment cases. Chaptered October 1, 2015.

AB (2105) 494 will extend protections to companion animals of protected parties in restraining orders issued in juvenile dependency cases, civil harassment cases, and elder abuse cases. Animal abuse is often correlated with family violence. Many persons who abuse their family members and intimate partners also threaten, injure, or kill their victims’ pets, as a very effective way to intensify the effects of their abusive behavior. Previous to this legislation, pets were only protected in domestic violence restraining orders. This legislation will bring all types of restraining orders in alignment with the protections provided by the Domestic Violence Prevention Act.

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