Military protective orders.

Plain English Breakdown

The bill summary and digest do not provide specific details on the cost implications or reimbursement for local agencies, leaving this information uncertain.

Military Protective Orders

This law requires courts and police to consider military protective orders when dealing with domestic violence cases involving service members.

What This Bill Does

• Requires courts to check if someone has a current military protective order before issuing a new one for domestic violence.
• Allows judges to consider existing military protective orders when deciding whether to issue a new protective order.
• Needs police officers at the scene of a domestic violence incident to verify if there is an active military protective order against anyone involved.
• Requires police to inform the military law enforcement agency if someone violates both a military and a civilian protective order.

Who It Names or Affects

• Courts that handle domestic violence cases
• Police officers responding to domestic violence incidents
• Military law enforcement agencies
• People involved in domestic violence who are also service members

Terms To Know

Domestic Violence Protective Order

A court order that protects someone from abuse or threats by a family member or partner.

Military Protective Order

An order issued by the military to protect service members from domestic violence.

Limits and Unknowns

• The bill does not specify how much it will cost local agencies and whether they will be reimbursed.
• It is unclear if this law will change how often protective orders are granted or enforced.
• This law only applies to cases involving service members with military protective orders.

Official Summary Text

SB 99, as amended, Blakespear.
Military protective orders.
Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue an ex parte protective order enjoining a party from, among other things, stalking, battering, or disturbing the peace of the other party.
Existing law requires the court, before a hearing on the issuance of a domestic violence restraining order, to ensure that a search is or has been conducted to determine, among other things, if the subject of the proposed order has specified prior criminal convictions, an outstanding warrant, or a prior restraining order or violation of a restraining order.
This bill would
additionally require the court to determine if the subject of the proposed order has a current military protective order, as specified. The bill would additionally
authorize a court determining whether to issue a protective order to consider whether a military protective order has been issued against the respondent, as specified.
The bill would additionally require a law enforcement officer who receives information at the scene of a domestic violence incident that a military protective order has been issued to verify the existence of that order. The bill would require a law enforcement officer who determines that a military protective order has been issued against a person involved in the domestic violence incident who violates a provision of a domestic violence protective order to notify the law enforcement agency that entered
the military protective order that the restrained party may be in violation of a military protective order. By increasing duties on local law enforcement, this bill would impose a state-mandated local program.
The bill would authorize each law enforcement agency in the state that petitions for or enforces domestic violence protective orders to develop and adopt memoranda of understanding with military law enforcement or other designated representatives of one or more military installations located in whole or in part within the borders of its jurisdiction that govern the investigation and actions related to domestic violence involving service members assigned to units on those installations, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Current Bill Text

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