How Changes to California’s Laws on Domestic Violence and Restraining Orders Could Impact Your Case

Domestic violence is a serious crime that carries serious consequences. New California laws on domestic violence raise the already high stakes by offering new definitions and extending deadlines.

California has also revamped its laws on restraining orders. Though restraining orders generally happen in civil court, there is a direct relationship between restraining orders and criminal domestic violence cases. Restraining orders can be used as evidence in criminal domestic violence cases. As such, changes to laws about restraining orders are also relevant to criminal domestic violence cases.

This article provides an overview of the recent changes to California law regarding domestic violence and restraining orders. It also explains how these changes might affect people accused of domestic violence in our state and how a Marin County domestic violence attorney can help.

Changes to the Grounds for Granting a Domestic Violence Restraining Order

SB 1141, one of the most recent changes to California’s domestic violence law, broadens the definition of domestic violence in two key ways.

Disturbing the Peace of the Other Party

While California law had long allowed courts to issue a restraining order for a person for “disturbing the peace of the other party,” SB 1141 defined the term. Now, the law says that a person’s peace can be disturbed via telephone, text, and “other electronic technologies,” or through a third party.

Coercive Control

When people think of domestic violence, they often think of hitting (“domestic battery”). However, domestic violence can take a variety of forms. SB 1141 adds “coercive control” to the definition of disturbing one’s peace. Coercive control means “a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty.” Examples of coercive control include:

• Isolating someone from their friends, family, or other support systems,
• Depriving someone of basic necessities,
• “Controlling, regulating, or monitoring” another person’s  movements, finances, or access to services, and
• Using force, threats, or intimidation to compel someone to do something or refrain from doing something.

Changes to the Methods for Granting Domestic Violence Restraining Orders

Since 2020, several California laws have made it easier for courts to grant restraining orders in domestic violence cases. Of these, AB 2024 (2024) may be the most significant. Prior to this law, judges often denied requests for restraining orders on technical grounds. After AB 2024, courts must grant all protective orders that meet the minimum requirements.

Additional changes to the procedures for obtaining restraining orders in California include:

• Allowing domestic abuse victims to file electronically (AB 887 (2021)),
• Permitting domestic abuse victims to appear remotely at restraining order hearings (SB 538 (2021)), and
• Letting domestic violence victims file for protective orders in any location instead of only the jurisdiction where the abuse occurred. (SB554 (2024)).

These changes might not seem important, but they are. Every criminal case includes both substantive and procedural elements. The substantive parts of the case involve what the law says the prosecution must prove. The procedural aspects of a case are the rules that govern how things should happen. When procedural rules aren’t followed, the other side can raise a challenge.

Prior to these recent changes, those accused of domestic violence had more grounds to challenge protective orders. The new laws make it more difficult to object. However, an experienced Marin County domestic violence attorney can craft solid arguments.

Changes to California’s Domestic Violence Laws that Extend the Relevant Time Frame

Two recent laws extend the relevant time periods in domestic violence and restraining order cases.

SB 690

Every legal case must be filed within a specific amount of time. These deadlines – which lawyers call statutes of limitations – are very strict and apply in both civil and criminal cases. SB 690 extends to statute of limitations in domestic violence cases from five to seven years.

AB 2308

When issuing a domestic violence restraining order, courts have the authority to decide how long the order should last. AB 2308 (2024) extends the outer time for protective orders from 10 to 15 years.

Changes to California’s Domestic Violence Laws  Regarding Firearms

California law has long allowed courts to consider a person’s access to firearms when granting restraining orders. Recent laws extend the court’s authority over firearms in several ways:

• SB 320 (2021) – This law creates a more streamlined process for the relinquishment of guns by those subject to restraining orders. It also gives courts more tools for dealing with those who refuse to comply with searches to find firearms.

• AB 1057 (2021) – This bill gives courts the authority to seize unregistered guns (also known as “ghost guns”) during the execution of domestic violence restraining orders.

• AB 3072 (2024) – Although not directly related to criminal domestic violence proceedings, this law allows courts to consider the presence of an unlawful firearm (which might be found during a search after the entry of a restraining order) in child custody and visitation cases.

How Will the Recent Changes to California Law Affect My Domestic Violence or Restraining Order Case? 

The outcome in any case depends on its unique facts. As such, it’s difficult to predict how the legal changes discussed above will apply to any case. However, one thing is clear: the changes to California’s laws on restraining orders and domestic violence give courts more authority and expand the definition of domestic violence. These changes make things more difficult for defendants. However, experienced attorneys know how to craft solid arguments and find key evidence that will help their clients.

If you’ve been charged with domestic violence or if someone is seeking a restraining order against you, you have rights. To protect those rights, you need legal representation. For quality legal advice, contact the Brownstein Law Group. At Brownstein Law, you won’t be just another number. Our firm’s founder, Marin County criminal defense lawyer Josh Brownstein, will build a personal relationship with you. You can rely on Josh and the rest of the team to fight for your freedom every step of the way. Call 415-707-3503 or use our online contact form to get in touch today to learn more about what our firm can do for you.