Title
Title
Rules and Forms: Miscellaneous Technical Changes (Action Required)
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Summary
Summary
Various Judicial Council advisory committee members, members of the public, and Judicial Council staff have identified errors in forms resulting from inadvertent omissions, typographical errors, and changes resulting from legislation. The staff to the Judicial Council recommends making the necessary corrections to avoid confusing court users, clerks, and judicial officers.
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Recommendation
Recommendation
The staff to the Judicial Council recommends that the council, effective January 1, 2017:
1. Amend rule 8.200(a) of the California Rules of Court to correct an internal reference from "(c)(6)" to "(c)(7)."
2. Revise Criminal Protective Order-Domestic Violence (form CR-160), and Criminal Protective Order-Other Than Domestic Violence (form CR-161) to implement Assembly Bill 307 (Campos; ch. 291, 2013), which added the phrase "or subject to mandatory supervision," to Penal Code section 136.2(i)(1). Forms CR-160 and CR-161 would be revised to add the phrase to the Warnings and Notices on each of the forms (paragraph 6 on form CR-160 and paragraph 5 on form CR-161).
3. Revise Description of Abuse (form DV-101), an optional attachment to Request for Domestic Violence Restraining Order (form DV-100), to be consistent with changes made to DV-100 effective July 1, 2016. Form DV-100 was revised to allow the applicant to describe a second incident of abuse. Form DV-101 would be revised to make it consistent with the format on form DV-100, specifically to allow the applicant to describe other incidents of abuse without requiring the applicant to provide the "second most recent incident of abuse."
4. Revise Firearms Emergency Protective Order (EPO-002), item 2, to clarify that a receipt must also be filed if any firearms have been surrendered to law enforcement: "You must then file a receipt proving surrender, sale, or storage with the court."
5. Revise Petition to ...
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