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2009 Domestic Violence Laws

The criminal laws of California change frequently and the information provided should not be relied upon as legal advice. Contact a criminal defense attorney for legal assistance in all matters of the law including domestic violence crimes.

Residential Tenancies: Domestic Violence

AB 2052 LIEU CH 440
CIV 1946.7, CCP 1161
EFFECTIVE:  SEPTEMBER 27, 2008

Allows a victim of domestic violence, stalking, or sexual assault to terminate a lease and vacate a rental unit if he or she provides the landlord with a protective order or a copy of a report to law enforcement protecting the tenant or household member or alleging that he or she is a victim of domestic violence, sexual assault, or stalking. Until January 1, 2012, creates a rebuttable presumption that a person has committed a nuisance for unlawful detainer purposes if that person has committed a specific domestic violence, stalking, or sexual assault against a tenant or subtenant on the premises.  This presumption does not apply if the victim has not vacated the premises.

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Contempt: Victim of Domestic Violence

SB 1356, YEE CH.49
CCP 1219

Eliminates incarceration as a sanction option for contempt of court when the contempt finding is based on a domestic violence victim’s refusal to testify in the case.

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Domestic Violence: Restraining Order

AB 1771, MA, CH. 86
PENAL CODE 136.2, 273.75

Authorizes a court, when determining whether good cause exists to issue a criminal protective order in a domestic violence case, to consider the underlying nature of the offense charged and the criminal history information regarding the defendant that is currently provided to the court. 

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Domestic Violence: Elder Abuse Harassment, Workplace Violence - Notice to Protected Person

AB 2068, AGHAZARIAN, CH. 153
GOV. 6103.3

Authorizes local law enforcement agencies to notify persons who are protected by Domestic Violence Prevention Act (DVPA), elder abuse, civil harassment, or workplace violence protective orders that the order has been served on the restrained person if the protected person has requested notification.

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The criminal laws of California change frequently and the information provided should not be relied upon as legal advice. Contact a criminal defense attorney for legal assistance in all matters of the law including domestic violence crimes.

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