Domestic violence: child visitation.

Existing law requires a court, when determining temporary custody or visitation orders when a protective order is sought, to ensure that a search has been conducted to determine, and requires a court to consider, if the subject of the order has been convicted of a serious or violent felony, a misdemeanor conviction involving domestic violence, weapons, or other violence, has an outstanding warrant, is currently on parole or probation, or has a prior restraining order or a violation of a restraining order. This bill would authorize a person who is protected by a restraining order and shares court-authorized in-person custody or visitation of children with the restrained person to file an ex parte request to modify the custody or visitation order stating that the restrained person has been arrested for or charged with a crime involving assaultive conduct, or use of a weapon upon another person, within the preceding 45-day period, and the filing party fears the restrained party will harm the children during a court-ordered visitation or custody or that the restrained party has threatened to harm or kill the children. The bill would require the court, upon the receipt of the request for order, to hear the ex parte request, as specified. The bill would authorize the court to suspend the restrained person's in-person contact with the children until it holds a noticed hearing on the request, which would be required to be conducted within 15 days. The bill would authorize the court, at the noticed hearing, to make any modifications to the original custody or visitation order or the order issued at the ex parte proceeding that the court determines are in the best interest of the child or children.