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<ns0:Id>20250SB__119299INT</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-19</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Rubio</ns0:AuthorText>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Rubio</ns0:Name>
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<ns0:Title> An act to add Title 3B (commencing with Section 391.90) to Part 2 of the Code of Civil Procedure, and to amend Section 6309 of the Family Code, relating to domestic violence. </ns0:Title>
<ns0:RelatingClause>domestic violence</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Domestic violence: Reclaim Act.</ns0:Subject>
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<html:p>Existing law permits a court, on its own motion or the motion of any party, to enter a prefiling order prohibiting a vexatious litigant from filing any new litigation in propria persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed. Existing law permits a presiding judge or a presiding justice to allow a vexatious litigant’s filing only under specified circumstances and permits the presiding judge to condition the filing upon the furnishing of security. Existing law defines a vexatious litigant for these purposes to include, among other things, a person who, after being restrained by a domestic violence restraining order, and while that order is still in place, commenced, prosecuted, or maintained one or more litigations against a person protected by the restraining order. Existing law authorizes a person protected by a
restraining order issued after a hearing pursuant to the above-described provisions to file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if, while the restraining order is still in place, they commence, prosecute, or maintain litigation against the person protected by the restraining order in an action that is determined to be meritless and caused the person protected by the order to be harassed or intimidated.</html:p>
<html:p>Existing law authorizes a court to issue, after notice and a hearing, orders enjoining a party from engaging in specified behavior, including contacting, attacking, or threatening another party.</html:p>
<html:p>This bill would create a process for victims of domestic violence, as defined, to seek protection from abusive litigation by a person who abused them by requesting a prefiling order. The bill would require a court to grant a request for a prefiling motion if the
victim demonstrates, after notice and a hearing and by a preponderance of the evidence, that the litigation filed or the discovery requested by the abuser was frivolous or abusive. The bill would require a person subject to a prefiling order to obtain permission from the court to file any litigation or conduct discovery against the victim. If a party subject to a prefiling order violates that order, the bill would make them subject to sanctions, attorneys’ fees, damages, and costs, as specified. The bill would enumerate a number of rights of victims of domestic violence that may be enforced, but which do not create a cause of action against the state or local government entities.</html:p>
<html:p>This bill would provide that the victim would not be charged filing fees for any filings related to seeking a prefiling order and that any party may file documents electronically without charge and that any party, attorney, support person, or witnesses may appear remotely in these hearings
without charge.</html:p>
<html:p>This bill would require the clerk of the court to provide the Judicial Council with a copy of any prefiling orders issued. The bill would require the Judicial Council to maintain records of all prefiling orders issued and to create and modify court forms to implement the bill.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_95B06B9F-9B50-481D-9AEF-79B680A02818">
<ns0:Num>SECTION 1.</ns0:Num>
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Title 3B (commencing with Section 391.90) is added to Part 2 of the
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, to read:
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<ns0:LawHeading type="TITLE" id="id_A96353B2-07E5-46E8-9F4B-A86811A86D27">
<ns0:Num>3B.</ns0:Num>
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<ns0:LawHeadingText>Domestic Violence Abusive Litigants</ns0:LawHeadingText>
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<ns0:Num>391.90.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
This title may be cited as the Reclaim Act.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Domestic violence is an urgent public safety and public health crisis. In California, more than one in three women and one in seven men experience intimate partner physical violence, intimate partner sexual violence, or intimate partner stalking in their lifetimes. Sexual and gender minorities, including queer, gender nonbinary, intersex, and transgender persons, experience domestic violence at rates as high or higher than cisgender and heterosexual persons. Domestic violence accounts for more than 15 percent of all violent crimes in California and more than 10 percent
of all California homicides.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Domestic violence survivors often face ongoing abuse in the form of litigation abuse. Litigation abuse is the use of legal or bureaucratic procedures by abusive partners to continue to attack, harass, intimidate, coercively control, or maintain contact with their former partners through the litigation system by exerting power over them, forcing them to have contact, financially burdening them with excessive discovery and litigation, emotionally or financially harming them with unnecessary, irrelevant, or intrusive discovery, degrading and insulting them in legal papers, unduly delaying the court process and final resolution of important issues, or dissuading them from pursuing legal protection. Studies show that litigation abuse causes severe consequences for survivors, including economic hardship and psychological harm, and foregoing legal relief in part or in whole. Research also shows that judicial officers
and court evaluators often misunderstand or overlook litigation abuse and its effects on survivors.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
It is the intent of the Legislature to accomplish all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Promote the health and safety of domestic violence survivors and their children.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Prevent abusive litigation tactics that interfere with the Legislature’s intent to protect domestic violence victims.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Empower domestic violence survivors and allow them to reclaim and maintain their freedom from their abusers who engage in domestic abuse.
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<ns0:Num>391.91.</ns0:Num>
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<html:p>As used in this title, the following terms have the following meanings:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Abusive discovery” means the use of discovery processes by a perpetrator of domestic violence to attack, harass, intimidate, coercively control, or maintain contact with the victim of their domestic violence by exerting power over them, forcing them to have contact, financially burdening them with excessive discovery, degrading and insulting them in legal papers, unduly delaying the court process and final resolution of important issues, or dissuading them from pursuing legal protection.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Abusive litigation” means any litigation as defined in subparagraph (C) of paragraph (1) of subdivision (a) of Section 6309 of the
Family Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Domestic violence” means domestic abuse as defined in Section 6211 of the Family Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Enjoined party” means the person who has committed domestic violence against the victim of domestic violence and who is subject to a prefiling order issued under this title.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Frivolous” means frivolous as defined in paragraph (2) of subdivision (b) of Section 128.5.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Perpetrator” means the person who committed domestic violence against the victim of domestic violence.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Prefiling order” means an order issued pursuant to Section 391.94.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Victim of domestic violence” means any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A person who has been found by any court to be a victim of conduct that is domestic violence.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person who has been found by any court to be a victim of a crime that includes conduct that is domestic violence.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A person who is or has been protected by a civil or criminal restraining or protective order issued after a noticed hearing, pursuant to Division 10 (commencing with Section 6200) of the Family Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A person who is or has been protected by a civil or criminal restraining or protective order issued after a noticed hearing, where the conduct involves domestic violence, pursuant to any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Section 527.6.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Section 527.8.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Section 527.85.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Section 213.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Section 15657.03 of the Welfare and Institutions Code.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Section 136.2 of the Penal Code.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A person who presents to the court an affidavit signed under penalty of perjury by a domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, attesting to the person being a victim of domestic violence.
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<ns0:LawSection id="id_D3B53F02-F69F-4CF9-882B-39DBB2639166">
<ns0:Num>391.92.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, every victim of domestic violence has the following basic rights in every civil and family court:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
To be treated with fairness and respect for their privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the court process.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To be safe, secure, free from abuse, and reasonably protected.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
To prevent the disclosure of confidential information or records, which could be used to locate or harass the victim or the victim’s family, or which disclose confidential communications made in the course of medical or counseling treatment, or which are
otherwise privileged or confidential by law.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
To have the safety of the victim, the victim’s family, and the general public considered before any court decision is made.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
To be informed of the rights enumerated in paragraphs (1) through (4) as well as the rights and remedies available under this title, Title 3A (commencing with Section 391), and Division 10 (commencing with Section 6200) of the Family Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A victim, the attorney of a victim, or a lawful representative of the victim may enforce the rights enumerated in subdivision (a) in any trial or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section does not create any cause of action
for compensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any of its political subdivisions, or any officer or employee of the court.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The rights of victims of crime under Marsy’s Law (Section 28 of Article I of the California Constitution) apply to any civil or family law proceeding that involves the victim of crime and the person accused, charged, prosecuted, or convicted of abusing or harming the victim.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section is intended to, among other things, abrogate the decision in Slaieh v. Superior Court (2022) 77 Cal.App.5th 266.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The recognition or granting of these rights to victims shall not be construed to deny or disparage other rights possessed by victims of domestic violence.
</html:p>
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<ns0:LawSection id="id_9D9CAC35-44FB-47C3-9DBF-146297A16F1E">
<ns0:Num>391.93.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The victim of domestic violence shall be not charged a filing or other fee for any document filed under this title.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The court shall permit any filings under this title to be filed electronically, without charge.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Any party, attorney, support person, or witness may, at their discretion, appear remotely at any hearing under this title, without charge.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any party may have a support person pursuant to the terms of Section 6303 of the Family Code.
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<ns0:LawSection id="id_D8C57B35-9BA9-442B-AAED-31A81343E308">
<ns0:Num>391.94.</ns0:Num>
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<html:p>Notwithstanding any other law:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
After notice and a hearing, upon the request of a victim of domestic violence, the court shall issue a prefiling order under this title against the perpetrator, if the court finds by a preponderance of the evidence that the perpetrator has filed frivolous or abusive litigation against the victim of domestic violence, or has conducted or attempted to conduct frivolous or abusive discovery against the victim of domestic violence.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A prefiling order granted under this title shall prohibit the enjoined party from filing litigation or conducting discovery against the victim of domestic violence in any civil or family law case, until and unless the enjoined party
receives permission from the court. The court shall not allow any litigation or discovery that is frivolous or abusive. The court shall permit the enjoined party to file litigation against the victim of domestic violence only if it appears that the litigation has merit and has not been filed for the purpose of harassment or delay.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a request for a prefiling order is filed prior to trial, the litigation is stayed and the victim of domestic violence need not plead, until 10 days after the motion is denied, or if granted, until 10 days after the required security has been furnished and the moving defendant given written notice thereof. When a motion for a prefiling order is made at any time thereafter, the litigation shall be stayed for such period after the denial of the motion or the furnishing of the required security as the court shall determine.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), if after hearing the evidence on the motion, the court determines that there is no reasonable probability that the enjoined party will prevail in the litigation against the moving victim of domestic violence, the court shall order the enjoined party to furnish, for the benefit of the victim of domestic violence, security in such amount and within such time as the court shall fix.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If, after hearing the evidence on the motion, the court determines that the litigation has no merit and is frivolous or abusive, the court shall order the litigation dismissed. This paragraph shall only apply to litigation filed in a court of this state by a perpetrator subject to a prefiling order who was represented by counsel at the time the litigation was filed and who became in propria persona after the withdrawal of their attorney.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A
victim of domestic violence may make a motion for relief in the alternative under either paragraph (1) or (2) and shall combine all grounds for relief in one motion.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The court may deny the request of the enjoined party to file litigation or conduct discovery on an ex parte basis. The court shall deny any request that is frivolous or abusive, including on an ex parte basis if appropriate.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The enjoined party may request a noticed hearing on a request to file litigation or conduct discovery, following a noticed hearing, pursuant to the terms and procedures of Section 6309 of the Family Code. At the hearing on the motion the court shall consider any evidence, written or oral, by witnesses or affidavit, as may be material to the motion. Except for an order dismissing the litigation pursuant to paragraph (2) of subdivision (d), no determination made by the court in determining
or ruling upon the motion shall be, or be deemed to be, a determination of any issue in the litigation or of the merits thereof.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Any civil or family court may issue an order under this title. An order under this title may be issued in any proceeding under the Family Code, including, but not limited to, a proceeding under Division 10 (“Prevention of Domestic Violence”) of the Family Code.
</html:p>
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<ns0:LawSection id="id_9D8D897F-10AE-47DA-9CCA-3710714719E2">
<ns0:Num>391.95.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The clerk of the court shall provide the Judicial Council a copy of any prefiling orders under this title. The Judicial Council shall maintain a record of enjoined parties subject to those prefiling orders and shall monthly disseminate a list of those persons to the clerks of the courts of this state, as it does pursuant to subdivision (f) of Section 391.7.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Judicial Council shall promulgate and modify court forms and rules of court to implement this title.
</html:p>
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<ns0:LawSection id="id_895AAA05-AD7C-46BA-A3ED-2A87D3E139B1">
<ns0:Num>391.96.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
If the enjoined party attempts to serve, file a court paper, or seek discovery against the victim of domestic violence, or does so, without first obtaining court permission, the litigation and discovery are automatically stayed until further order of the court.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The court shall grant a request by the victim of domestic violence for sanctions, attorney fees and costs needed to respond or prepare to respond, and any lost wages and other reasonable expenses needed to respond, to prepare to respond, and to stay safe.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Before the court issues an award of sanctions or attorney fees and costs under subdivision (b), the court shall first determine the enjoined party has or is
reasonably likely to have the ability to pay pursuant to Section 270 of the Family Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section does not limit the ability of a court to remedy the enjoined party’s actions in another way, including, but not limited to, contempt.
</html:p>
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<ns0:LawSection id="id_488196B9-4019-448B-A153-308DBE377B1A">
<ns0:Num>391.97.</ns0:Num>
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<html:p>The rights and remedies provided in this title are in addition to any other civil or criminal remedies that may be available to the victim of domestic violence.</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 6309 of the
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(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Domestic violence is an urgent public safety and public health crisis. More than one in three California women and one in seven men experience intimate partner physical violence, intimate partner sexual violence, or intimate partner stalking in their lifetimes. Sexual and gender minorities, including queer, gender nonbinary, intersex, and transgender persons, experience domestic violence at rates as high or higher than cisgender and heterosexual persons. Domestic violence accounts for more than 15 percent of all violent crimes in California and more than 10 percent of all California homicides.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Domestic
violence survivors are most at risk when attempting to leave an abusive relationship. Without effective intervention in domestic abuse, the violence often increases in frequency and severity over time. Research has established that the civil domestic violence restraining order is the most effective legal remedy for intervening in and preventing future abuse.
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(C)
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Domestic violence survivors often face ongoing abuse in the form of litigation abuse. Litigation abuse is the use of legal or bureaucratic procedures by abusive partners to continue to attack, harass, intimidate, coercively control, or maintain contact with their former partners through the litigation system by exerting power over them, forcing them to have contact, financially burdening them with excessive discovery and litigation,
emotionally or financially harming them with unnecessary, irrelevant, or intrusive discovery, degrading and insulting them in legal papers, unduly delaying the court process and final resolution of important issues, or dissuading them from pursuing legal protection. Studies show that litigation abuse causes severe consequences for survivors, including economic hardship and psychological harm, and foregoing legal relief in part or in whole. Research also shows that judicial officers and court evaluators often misunderstand or overlook litigation abuse and its effects on survivors.
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(2)
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It is the intent of the Legislature to accomplish the following:
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<html:p>
(A)
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To promote the health and safety of domestic violence survivors and their children.
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(B)
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To ensure that domestic violence
survivors can seek and receive, without delay, the protection offered by the domestic violence restraining orders, which are remedial injunctive orders intended to offer expedited separation and protection from abuse.
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<html:p>
(C)
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To provide for separation and to prevent future acts of domestic violence by streamlining any domestic violence restraining order discovery to expedite the adjudication of requests for restraining orders and prevent abusive litigation tactics that interfere with legislative intent to protect domestic violence victims.
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(b)
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Consistent with the findings and declarations and statements of legislative intent in subdivision (a), discovery pursuant to the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure), is not permitted pursuant to this part except as set forth in this section.
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(c)
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(1)
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A court may grant a request for discovery only upon a showing of good cause for the discovery by the party making the request.
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(2)
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A party may make an oral or written request for discovery to the court at an evidentiary hearing pursuant to this part.
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<html:p>
(3)
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A person shall not be required to make a written objection or response to a request for discovery but may express any objection or response orally or in writing or at the hearing.
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<html:p>
(d)
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In determining whether to permit discovery in a proceeding pursuant to this part, the court shall consider all of the following:
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<html:p>
(1)
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The importance and relevance of, and need for, the information sought to be obtained.
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(2)
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The likelihood that the information may be acquired by another permitted discovery method, or may be acquired by other methods including pleadings or examination at the hearing.
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(3)
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The delay in completion of the hearing, which is entitled to calendar preference pursuant to Section 244, if the discovery is permitted.
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<html:p>
(4)
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The potential, if any, that the discovery may induce trauma in any person involved in the proceeding.
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<html:p>
(5)
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Whether one or more persons are subject to any restraining or protective orders.
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<html:p>
(6)
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Any other factor that may affect the prompt and fair resolution of the proceeding.
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<html:p>
(e)
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If a court finds good cause and
grants a request for discovery pursuant to subdivision (c), the court may do either of the following:
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<html:p>
(1)
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(A)
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Continue the commencement of hearing for a reasonable period to permit one or more methods of discovery.
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(B)
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If the court continues the hearing to allow for discovery pursuant to subparagraph (A), the court shall extend, and may modify, any restraining order in place.
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(2)
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Commence the hearing to receive evidence and then continue the hearing to permit one or more methods of discovery.
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<html:p>
(f)
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The court shall limit and control any permitted discovery to the least intrusive methods as authorized pursuant to the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) and the
minimum number of items reasonably necessary to secure the requested information. The court shall specify the time for response to any permitted discovery after considering the items in subdivision (d).
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<html:p>
(g)
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Nothing in this section is intended to take away rights afforded in the Domestic Violence Prevention Act. Nothing in this section is intended to infringe on the ability for abuse survivors to receive their police reports and evidence pursuant to Section 6228 or on parties’ ability to discover their own business records without obtaining court permission, including medical records, phone records, or recordings of calls to 911, to provide corroborating proof.
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<ns0:Num>SEC. 3.</ns0:Num>
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<html:p>The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.</html:p>
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