Sen. Dave Min’s bill ensures judges have the ability to renew domestic violence restraining orders, including those that have been previously continued.
In November 2021, a California judge determined the woman before him had demonstrated a reasonable case of fear of continued physical abuse and threats to her life with a firearm. However, the judge wasn’t sure if state law actually gave him the authority to renew her domestic violence restraining order.
That lack of judicial consistency — and a legislative recommendation from the UC Irvine School of Law’s Domestic Violence Clinic — led to a recent change in the law. “Domestic violence restraining orders reduce violence and save lives,” Min said. “Research shows us that civil restraining orders are the most effective legal remedy available for preventing domestic violence, but unfortunately, the inconsistent application of restraining order renewals by judges throughout the state has endangered the safety of many survivors.”
Research has shown, Stoever said, that respondents violate about half of civil restraining orders obtained by an intimate partner who was physically assaulted. Those violations increase to two-thirds of restraining orders if the respondent raped or stalked their partner.
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