In a recent government meeting, discussions centered around Senate Bill 554, which aims to empower survivors of domestic violence and harassment to petition for restraining orders in California courts, regardless of their residency status. Currently, 25 states allow nonresidents to file such petitions, while 33 states permit survivors to file in the county where the perpetrator resides. However, California's existing laws create jurisdictional challenges that often lead to the dismissal of restraining orders when the involved parties are in different states.
The bill's proponents argue that the nature of abuse has evolved, with modern technology enabling perpetrators to commit violence across state lines. This reality necessitates a legal framework that provides adequate protection for survivors who may flee to another state for safety. SB 554 seeks to address this gap by allowing individuals to file for restraining orders if the defendant is a California resident or if the crime occurred within the state.
Nazeeta 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 after an assault in Hawaii. She emphasized the need for clarity in the law to support nonresident survivors navigating the justice system, many of whom represent themselves in court.
The bill is positioned to benefit not only California's estimated 9 million survivors but also the 250 million annual visitors to the state. If passed, California would join a growing number of states with comprehensive restraining order access laws, enhancing protections for survivors of interstate violence. The urgency of this legislation reflects a broader recognition that perpetrators often operate without borders, and survivors should have equal access to legal protections regardless of their residency status.