After passage of AB 1596, the Judicial Council proposed revision of forms to achieve conformance with the legislation. The following reports includes discussion of the rationales for the revisions of the forms and public comments received about the revisions. Lamentably, www.civilharassent.com was bogged down with litigation and was not aware the form revision process until 10/28/2011.
From the 10/12/2011 REPORT TO THE JUDICIAL COUNCIL For business meeting on October 28, 2011 recommended by the Civil and Small Claims Advisory Committee Hon. Dennis M. Perluss, Chair Hon. Patricia M. Lucas, Vice-Chair
Archive Copy Judicial Council Source
Previous Council Action
The Judicial Council sponsored the legislation that resulted in the comprehensive revision of the protective order statutes.4 Assembly Bill 1596 was enacted and signed by the Governor in September 2010.5 It will become effective on January 1, 2012.
AB 1596 amended sections of the Code of Civil Procedure, Welfare and Institutions Code, Family Code, and Government Code that provide for protective orders relating to civil harassment (CH), private postsecondary school violence (SV), workplace violence (WV), elder and dependent adult abuse (EA), juvenile law (JV), and domestic violence (DV). The purpose of the legislation was to create greater consistency in procedures and practices, eliminate unnecessary statutory differences, fill in procedural gaps, clarify uncertain matters, and generally improve the statutes that relate to protective orders.
Rationale for Recommendation Legislative implementation
This report recommends the revision of Judicial Council protective order forms so that they will be consistent with the law under Assembly Bill 1596 when it becomes effective on January 1, 2012.