Domestic violence: restraining orders.

Existing law authorizes a court to issue specified protective orders upon a good cause belief that harm to, or intimidation or dissuasion of, a victim has occurred or is reasonably likely to occur. Existing law requires the court to consider issuing those protective orders in cases in which the defendant is charged with a crime of domestic violence. Existing law provides that in determining whether good cause exists to issue those orders in domestic violence cases, the court may consider the underlying nature of the offense charged and information provided to the court pursuant to a criminal history search, as specified. Existing law also requires the court, in cases in which the defendant was convicted of a crime of domestic violence, to consider issuing an order restraining the defendant from any contact with the victim for a period of up to 10 years. For the purposes of these provisions, domestic violence includes abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. The violation of a restraining order issued pursuant to these provisions is a crime. This bill would, for the purposes of these provisions, expand the definition of domestic violence to include abuse perpetrated against a child of a party to the domestic violence proceedings or a child who is the subject of an action under the Uniform Parentage Act, as specified, or against any other person related to the defendant by consanguinity or affinity within the 2nd degree. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 136.2 of the Penal Code, proposed by AB 1498 and AB 1850, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2015, and this bill is chaptered last. 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.