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, for purposes of that act, defines "abuse" to mean, among other things, sexual assault.
This bill would add coercive control to that definition. The bill would further define conduct that constitutes coercive control to include, among other things, isolating a victim from friends, relatives, or other sources of support. The bill would provide that coercive control only applies with respect to victims of domestic violence.
Existing law requires a family court to determine the best interests of a child in deciding child custody in specified proceedings and establishes a rebuttable presumption that an award of child custody to a person who has perpetrated domestic violence is detrimental to the best interests of the child. In overcoming that presumption, existing law requires the court to consider specified factors, including whether the perpetrator of domestic violence has committed any further acts of domestic violence. Existing law authorizes a court to issue an ex parte order enjoining a party from engaging in specified acts against another party, including threatening or harassing that party, and, in the discretion of the court, against other named family or household members. A violation of this court order constitutes contempt of court, which is punishable as a misdemeanor.
This bill would, for purposes of a family court determining child custody in those proceedings, provide that coercive control is evidence of perpetration of domestic violence. The bill would, additionally, permit a court's ex parte order enjoining a party from engaging in specified acts to enjoin that party from coercively controlling another. Because a violation of that court order would constitute contempt of court and would therefore be a crime, the bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.

Statutes affected:
SB 1141: 3044 FAM, 6203 FAM, 6320 FAM
05/06/20 - Amended Senate: 3044 FAM, 6203 FAM, 6320 FAM