File #: 24-167    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 7/19/2024 In control: Judicial Council
On agenda: 9/20/2024 Final action: 9/20/2024
Title: Rules and Forms | Protective Orders: Revisions to Civil Forms to Implement New Law (Action Required)
Attachments: 1. 20240920-24-167 - updated 20240827

Title

Title

Rules and Forms | Protective Orders: Revisions to Civil Forms to Implement New Law (Action Required)

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Summary

Summary

The Civil and Small Claims Advisory Committee recommends the revision of 52 protective order forms to implement three significant changes to the law. First, changes are needed to all the restraining order form series, including the Gun Violence, Civil Harassment, Elder Abuse, Workplace Violence, and Private Postsecondary School Violence forms, to implement a new law prohibiting the possession of body armor by those who are prohibited from possessing firearms. Second, further changes are needed to gun violence restraining order forms to reflect a new law that permits the acquisition of body armor to be considered as evidence in determining whether to issue such a restraining order. Finally, additional changes are needed to certain workplace violence restraining order forms to implement new laws that add harassment as a basis for such orders, permit collective bargaining representatives to petition for orders, and allow the employee who suffered the harassment, violence, or threat of violence to opt out of being named in orders.

 

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Recommendation

Recommendation

The Civil and Small Claims Advisory Committee recommends that the Judicial Council, effective January 1, 2025, revise the following protective order forms in response to recent legislative amendments:

                     Request for Civil Harassment Restraining Orders (form CH-100);

                     Can a Civil Harassment Restraining Order Help Me?

(form CH-100-INFO);

                     Notice of Court Hearing (form CH-109);

                     Temporary Restraining Order (form CH-110);

                     Response to Request for Civil Harassment Restraining Orders

(form CH-120);

                     How Can I Respond to a Request for Civil Harassment Restraining Orders? (form CH-120-INFO); Civil Harassment Restraining Order After Hearing (form CH-130);

                     Request for Elder or Dependent Adult Abuse Restraining Orders (form EA-100);

                     Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me? (form EA-100-INFO);

                     Notice of Court Hearing (form EA-109);

                     Temporary Restraining Order (form EA-110);

                     Response to Request for Elder or Dependent Adult Abuse Restraining Orders (form EA-120);

                     How Can I Respond to a Request for Elder or Dependent Adult Abuse Restraining Orders? (form EA-120-INFO);

                     Elder or Dependent Adult Abuse Restraining Order After Hearing (form EA-130);

                     Gun Violence Emergency Protective Order (form EPO-002);

                     Response to Gun Violence Emergency Protective Order

(form GV-020);

                     How Can I Respond to a Gun Violence Emergency Protective Order? (form GV-020-INFO);

                     Gun Violence Restraining Order After Hearing on EPO-002

(form GV-030);

                     Petition for Gun Violence Restraining Order (form GV-100);

                     Can a Gun Violence Restraining Order Help Me?

(form GV-100-INFO);

                     Notice of Court Hearing (form GV-109);

                     Temporary Gun Violence Restraining Order (form GV-110);

                     Response to Petition for Gun Violence Restraining Order

(form GV-120);

                     How Can I Respond to a Petition for a Gun Violence Restraining Order? (form GV-120-INFO);

                     Consent to Gun Violence Restraining Order and Surrender of Firearms (form GV-125);

                     Gun Violence Restraining Order After Hearing or Consent to Gun Violence Restraining Order (form GV-130);

                     Notice of Hearing on Request to Renew Gun Violence Restraining Order (form GV-710);

                     Petition for Private Postsecondary School Violence Restraining Orders (form SV-100);

                     How Do I Get an Order to Prohibit Private Postsecondary School Violence? (form SV-100-INFO);

                     Notice of Court Hearing (form SV-109);

                     Temporary Restraining Order (form SV-110);

                     Response to Petition for Private Postsecondary School Violence Restraining Orders (form SV-120);

                     How Can I Respond to a Petition for Private Postsecondary School Violence Restraining Orders? (form SV-120-INFO);

                     Private Postsecondary School Violence Restraining Order After Hearing (form SV-130);

                     Petition for Workplace Violence Restraining Orders (form WV-100);

                     How Do I Get an Order to Prohibit Workplace Violence?

(form WV-100-INFO);

                     Notice of Court Hearing (form WV-109);

                     Temporary Restraining Order (form WV-110);

                     Request to Continue Court Hearing (form WV-115);

                     Order on Request to Continue Hearing (form WV-116);

                     Response to Petition for Workplace Violence Restraining Orders (form WV-120);

                     How Can I Respond to a Petition for Workplace Violence Restraining Orders? (form WV-120-INFO);

                     Workplace Violence Restraining Order After Hearing

(form WV-130);

                     Proof of Personal Service (form WV-200);

                     Proof of Service of Response by Mail (form WV-250);

                     Proof of Service of Order After Hearing by Mail (form WV-260);

                     Request to Renew Restraining Order (form WV-700);

                     Notice of Hearing to Renew Restraining Order (form WV-710);

                     Request to Reschedule Hearing to Renew Restraining Order

(form WV-715);

                     Order to Reschedule Hearing to Renew Restraining Order

(form WV-716);

                     Response to Request to Renew Restraining Order (form WV-720); and

                     Order Renewing Workplace Violence Restraining Order

(form WV-730).

 

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