(1) Existing law authorizes a person who has suffered harassment, as defined, to seek a temporary restraining order and an order prohibiting harassment. Existing law prohibits a filing fee for, and a fee for the service of process by a sheriff or marshal of, a protective or restraining order if the order is based upon stalking, unlawful violence, or a credible threat of violence.
This bill would authorize a petitioner, at no cost, to file a petition for a protective or restraining order electronically and remotely appear at the hearing if the order is based upon stalking, unlawful violence, or a credible threat of violence.
(2) Existing law requires a court or court facility that receives petitions for domestic violence restraining orders to permit the petitions and related filings to be submitted electronically, as specified. Existing law requires the superior court of each county to develop local rules and instructions for remote appearances and requires them to be posted on the court's internet website.
This bill would require a court or court facility that receives petitions for domestic violence restraining orders to accept electronic filings at no charge to the petitioner, and would prohibit a superior court from charging a fee for a party, support person, or witness to appear remotely at a domestic violence restraining order hearing.
(3) Existing law authorizes an elder or dependent adult who has suffered abuse to seek protective orders.
This bill would require a court or court facility that receives petitions for protective orders for elder or dependent adults to permit those petitions and any filings related to those petitions to be submitted electronically, as specified. The bill would authorize a party, representative of the county adult protective services agency, or witness to appear remotely at the hearing on a petition for a protective order for an elder or dependent, adult, and prohibit the superior court from charging a fee for the remote appearance. The bill would require the superior court of each county to develop, and post on its internet website, local rules and instructions regarding remote appearances for protective orders for elder or dependent adults. The bill would require information regarding electronic filing and access to the court's self-help center to be prominently displayed on each superior court's home page, and require each self-help center to maintain and make available information related to elder abuse restraining orders. The bill would authorize the Judicial Council to adopt or amend rules and forms to implement these provisions.
Existing law, upon the filing of a petition for protective orders for an elder or dependent adult, requires the respondent to be personally served with a copy of the petition, notice of the hearing or order to show cause, temporary restraining order, if any, and any declarations in support of the petition, at least five days before the hearing.
This bill would authorize a court to permit an alternative method of service, as specified, if at the time of a hearing with respect to an order issued based on an ex parte temporary protective order, the court determines that, after diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the restrained party is evading service or cannot be located.

Statutes affected:
AB 561: 15657.03 WIC
02/12/25 - Introduced: 15657.03 WIC
03/10/25 - Amended Assembly: 6307 FAM, 6307 FAM, 6308 FAM, 6308 FAM, 15657.03 WIC