Plain English Breakdown
The official text does not specify an effective date in the metadata section provided, but the summary explicitly states January 1, 2027 for all new provisions.
AB-561: Changes to Restraining Order Filing and Court Appearances
Starting January 1, 2027, this law allows people seeking restraining orders for harassment, domestic violence, or elder abuse to file papers online without fees and appear in court remotely.
What This Bill Does
- Allows petitions for harassment restraining orders and related filings to be submitted electronically starting January 1, 2027.
- Requires courts to provide electronic copies of requests, notices, temporary orders, and service documents to people who file online unless they choose to pick up papers in person.
- Prohibits superior courts from charging fees for remote appearances by parties or witnesses at harassment restraining order hearings starting January 1, 2027.
- Requires each county's superior court to create and post local rules about electronic filing and remote appearances on their websites.
- Allows petitions for domestic violence restraining orders to be submitted electronically without a fee starting January 1, 2027.
- Prohibits superior courts from charging fees for remote appearances by parties, support persons, or witnesses at domestic violence hearings starting January 1, 2027.
- Allows petitions for elder and dependent adult protective orders to be submitted electronically without a fee starting January 1, 2027.
- Prohibits superior courts from charging fees for remote appearances by parties, county agency representatives, or witnesses at elder abuse hearings starting January 1, 2027.
- Requires each self-help center to maintain and make available information related to elder abuse restraining orders.
- Allows a court to permit an alternative method of serving papers in elder abuse cases if the petitioner cannot find the respondent after diligent effort and believes they are evading service.
Who It Names or Affects
- People seeking restraining orders for harassment, domestic violence, or elder/dependent adult abuse
- Superior courts in each county that handle these cases
- Witnesses attending hearings
- Support persons at domestic violence hearings
- Representatives of the county adult protective services agency
Terms To Know
- Petitioner
- The person who asks the court for a restraining order.
- Respondent
- The person against whom the restraining order is requested.
- Remote appearance
- Attending a court hearing by video or phone instead of in person.
Limits and Unknowns
- These changes take effect on January 1, 2027.
- Courts must decide if alternative service methods are allowed based on specific findings that the respondent is evading service or cannot be located after diligent effort.
- The bill does not specify which exact electronic platforms courts must use for filing.