Plain English Breakdown
Checked against official source text during the last sync.
AB-1657: Changes to Ex Parte Restraining Order Filing Rules
This law stops courts from requiring that the person being restrained be notified before a request for an emergency restraining order is accepted or decided.
What This Bill Does
- Prohibits courts from demanding notice to the other party before accepting or deciding on an ex parte restraining order application.
- Stops courts from asking for written explanations about why someone chose not to give advance notice.
- Requires courts to remove any rules, forms, or practices that conflict with these new requirements.
Who It Names or Affects
- Courts handling domestic violence restraining order applications
- People requesting ex parte (emergency) restraining orders
Terms To Know
- Ex parte restraining order
- An emergency court order issued based only on the request of one person, without first notifying the other party.
- Affidavit
- A written statement made under oath that serves as proof in a legal case.
Limits and Unknowns
- The official text does not state when this law will officially take effect.
- The bill only addresses the filing and decision stages, not other parts of the restraining order process.