Restraining orders: minor witness: visitation.

Existing law requires a court to consider issuing a protective order restraining the defendant from contact with a percipient witness in all cases in which a criminal defendant has been convicted of a crime involving domestic violence, rape, unlawful sexual intercourse, participation in a criminal street gang, or any crime requiring registration as a sex offender, if it can be established by clear and convincing evidence that the witness has been harassed by the defendant. Existing law makes a violation of a protective order punishable as contempt, a misdemeanor. This bill would additionally require the court to consider issuing an order restraining a criminal defendant who has been convicted of a crime involving domestic violence from any contact with a minor who is a witness, as defined. The bill would allow the order to include an order authorizing a family or juvenile court to make a subsequent order for safe and appropriate visitation with the defendant's minor child who is a witness, as provided, and would require this order to have precedence in enforcement over a civil court order against the defendant, except as provided. Because a violation of the protective order would be a crime, this 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.