Restraining orders.

Existing law authorizes any court with jurisdiction over a criminal matter to issue protective orders upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur. Existing case law has construed any order issued pursuant to this provision to be limited in scope and duration to the protection of victims and witnesses in connection with the criminal proceeding in which it is issued. Under existing law, contempt of a court order is a misdemeanor. This bill would expand the scope and duration of that provision. The bill would require, in all cases in which a criminal defendant has been convicted of a crime of domestic violence, the court to consider, at the time of sentencing, issuing an order restraining the defendant from any contact with the victim, regardless of whether the defendant is sentenced to the state prison or a county jail, or whether imposition of sentence is suspended and the defendant is placed on probation. The order would be valid for up to 10 years, as determined by the court. Because the bill would expand the scope of an existing crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.