CA AB 561

Title: Restraining orders.
Author: Sharon Quirk-Silva

Summary
AB 561, as amended, Quirk-Silva. Restraining orders. (1) Existing law authorizes a person who has suffered harassment, as defined, to seek a temporary restraining order and an order prohibiting harassment. Existing law prohibits a filing fee for, and a fee for the service of process by a sheriff or marshal of, a protective or restraining order if the order is based upon stalking, unlawful violence, or a credible threat of violence. This bill would authorize a petitioner, at no cost, to file a petition for a protective or restraining order electronically and remotely appear at the hearing if the order is based upon stalking, unlawful violence, or a credible threat of violence.This bill would authorize a petition prohibiting harassment and any related filings to be submitted electronically, as specified, at no charge to the petitioner. The bill would require the request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, to be provided to a petitioner who filed electronically to be provided to the petitioner electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court.The bill would authorize a party or witness to appear remotely at the hearing on the petition for a protective order, and prohibit the superior court from charging a fee for the remote appearance. The bill would require the superior court of each county to develop, and post on its internet website, local rules and instructions regarding remote appearances for protective orders.The bill would make a conforming change.(2) Existing law requires a court or court facility that receives petitions for domestic violence restraining orders to permit the petitions and related filings to be submitted electronically, as specified, and prohibits a filing fee for an application, responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a domestic violence restraining order, as specified. Existing law requires the request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, to be provided to the petitioner electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court or court facility. Existing law authorizes a party, support person, or witness to appear remotely at a domestic violence restraining order hearing. Existing law requires the superior court of each county to develop local rules and instructions for remote appearances and requires them to be posted on the court’s internet website.This bill would require a court or court facility that receives petitions for domestic violence restraining orders to accept electronic filings at no charge to the petitioner, and would prohibit a superior court from charging a fee for a party, support person, or witness to appear remotely at a domestic violence restraining order hearing. (3) Existing law authorizes an elder or dependent adult who has suffered abuse to seek a protective order and prohibits a filing fee for a petition, response, or paper seeking the reissuance, modification, or enforcement of a protective order.This bill would require a court or court facility that receives petitions for protective orders for elder or dependent adults to permit those petitions and any related filings to be submitted electronically, as specified, at no charge to the petitioner. The bill would require the request, notice of the court date, copies of the request to serve on the respondent, and the temporary restraining order, if granted, to be provided to a petitioner who filed electronically, unless the petitioner notes, at the time of electronic filing, that these documents will be picked up from the court.The bill would authorize a party, representative of the county adult protective services agency, or witness to appear remotely

Status
Read second time and amended. Re-referred to Com. on APPR.

Bill Documents
CA AB 561 - 07/10/25 - Amended Senate
07/10/25 - CA AB 561 (07/10/25 - Amended Senate)