Assemblyman Solorio's Domestic Violence Legislation Becomes Law

Link to original: http://www.californiachronicle.com/articles/72351

California Political Desk
August 26, 2008

SACRAMENTO – Governor Schwarzenegger recently signed Assemblyman Jose Solorio's (D-Anaheim) Assembly Bill 2553. The new law requires judges to explain their reasons if denying temporary retraining orders in domestic violence cases. The bill was signed just before the California budget impasse prompted the Governor's decree to not sign any legislation until the budget is resolved.

The new law was a response to the practice in courtrooms of "rubber stamping" denials of temporary restraining orders filed by victims of domestic violence. "Without a written explanation of a denial, a judge's sound reasoning is subject to speculation," Solorio said. "Victims of domestic violence need to know why their temporary restraining orders are denied."

Solorio spearheaded the bill at the suggestion of the California Judicial Council. Its report entitled "Recommended Guidelines and Practices for improving the Administration of Justice in Domestic Violence Cases" cited instances where victims, not knowing why they were denied a temporary retraining order, were unsure on how to proceed to secure their safety.

The new law also orders the judge, at the victim's request, to schedule a hearing within 20 days on whether to forbid the abusive person contact with the victim for an extended period.

The Judicial Council is the policymaking body of the California courts, the largest court system in the nation. Temporary restraining orders are requested by a victim through filing an affidavit. They must provide cause for immediate protection by demonstrating "reasonable proof of a past act" of domestic violence. It is requested simultaneously with a request for a hearing for a permanent or long-term restraining order and expires within 20 days of its issuance.

Link to original: http://www.californiachronicle.com/articles/72351