Protective orders: personal information of minors.

Existing law provides the procedure by which a temporary restraining order and an injunction prohibiting harassment or abuse may be sought by, or on behalf of, specified persons. The existing Domestic Violence Protection Act authorizes a judicial officer to issue a protective order after notice and a hearing for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and ensuring a period of separation of the persons involved in the domestic violence. This bill would authorize a minor or a minor's guardian to petition the court to keep all information regarding the minor obtained when issuing a protective order under either of the above provisions, including, but not limited to, the minor's name, address, and the circumstances surrounding the protective order with respect to that minor, in a confidential case file. The bill would authorize the court to order that the information be kept confidential if the court expressly finds that, among other things, the minor's right to privacy overcomes the right of public access to the information and no less restrictive means exist to protect the minor's privacy. If the request is granted, the bill would prohibit that information from becoming part of the public file in that proceeding or any other civil proceeding. The bill would make it civil contempt of court, punishable by a $1,000 fine, to disclose or misuse the confidential information and would require the notice served on the respondent to identify the specific information that is confidential and the penalty for disclosure or misuse of that information. The bill would authorize confidential information to be made available to law enforcement, as specified, to the extent necessary and only for the purpose of enforcing the order. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.