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California moves to protect survivors with new restraining order bill

June 04, 2024 | Judiciary, Standing Committees, California State Assembly, House, Legislative, California



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This article was created by AI summarizing key points discussed. AI makes mistakes, so for full details and context, please refer to the video of the full meeting. Please report any errors so we can fix them. Report an error »

California moves to protect survivors with new restraining order bill
In a recent government meeting, lawmakers discussed two significant pieces of legislation aimed at enhancing protections for survivors of domestic violence and sexual assault in California.

The first bill, SB 554, known as the Survivors Protection Act, seeks to address jurisdictional challenges faced by survivors of domestic violence or harassment. Currently, California law does not allow non-residents to petition for restraining orders, which can leave survivors vulnerable when fleeing abusive situations across state lines. The proposed legislation would enable individuals to file for restraining orders in California courts regardless of their residency status, provided the perpetrator is a resident of California or the crime occurred within the state. Advocates argue that as interstate violence becomes more prevalent, the law must evolve to ensure that survivors can seek protection without being hindered by residency requirements.

Nazia Khan, a sexual assault survivor and founder of Restraining Orders Without Borders, shared her personal experience of being denied a restraining order due to jurisdictional issues, highlighting the urgent need for this bill. She emphasized that survivors should not have to navigate complex legal barriers that can exacerbate their trauma. The bill aims to provide a clearer pathway for the estimated 9 million survivors in California and the 250 million annual visitors to the state.

The second piece of legislation, SB 1386, focuses on clarifying California's civil rape shield law, which protects survivors from having their sexual history used against them in court. This bill was prompted by a case involving a young girl who was sexually abused and later faced attempts to discredit her testimony by introducing unrelated evidence of her past. The proposed changes would explicitly prohibit the use of a survivor's sexual history to impeach their credibility regarding consent or damages, reinforcing the intent of existing rape shield laws.

Both bills received support from various advocacy groups, including Equal Rights Advocates, which highlighted the importance of creating a supportive environment for survivors to come forward without fear of re-traumatization. Lawmakers expressed their commitment to advancing these measures, recognizing the need for California to catch up with other states that have already implemented similar protections.

As discussions continue, advocates and lawmakers alike are hopeful that these legislative efforts will lead to meaningful changes in the legal landscape for survivors of violence and assault in California.

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