Existing law authorizes a court to issue an ex parte restraining order to prevent abuse based on reasonable proof of a past act or acts of abuse. Existing law authorizes the order to be issued solely on the affidavit or testimony of the person requesting the ex parte restraining order. Existing law requires the ex parte order to be issued or denied on the same day the application is submitted to the court, except as specified. Existing law prohibits an ex parte restraining order from being denied solely because the other party was not provided with notice.

This bill would instead prohibit a court from requiring that notice be provided to the party to be restrained in advance of filing an application for an ex parte restraining order. The bill would also prohibit a court from requiring an explanation or declaration to substantiate a party’s decision not to provide notice in advance of filing. The bill would prohibit a court from adopting or maintaining any rule, form, or practice that is inconsistent with these provisions.