We thank Support Network for Battered Women, Mountain View, for allowing us to reprint this article.
LEGISLATION IN 1996 - PART I
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Last year, 1996, was an active year for the California Legislature in
the area of domestic violence. Thirty domestic violence-related laws
were passed. We will cover some of these laws in this issue and in
the next. We would like to thank Support Network for Battered Women
for allowing us to reprint this article.
Warrantless Arrest for Misdemeanor Domestic Violence Cases (AB
2116-Alby):
Previous to this law, in order to make an arrest for domestic
violence, a law enforcement officer had to obtain a warrant or the
victim had to make a citizen's arrest if the assault did not occur in
the officer's presence. This law allows an officer to arrest someone,
without a warrant, for assault. While this may take the burden off
battered women to make a citizen's arrest, the Support Network is
concerned that the battered women may be unfairly arrested. The Support
Network will monitor how this plays out in the Santa Clara County.
Violence Parole Conditions (AB 2353 - Alpert):
This creates certain conditions, such as participation in a
batterers' intervention program, that parole officers must consider
when determining parole for those convicted of domestic violence
crimes.
Parental Kidnapping (AB 2936 - Cunneen):
This bill allows law enforcement to issue emergency protective orders
in cases where they believe that a child is about to be abducted by a
This bill allows law enforcement to issue emergency protective orders
in cases where they believe that a child is about to be abducted by a
parent. It also specifies that parents, who go into hiding with their
children to protect themselves or the child from an abusive co-parent,
are not guilty of kidnapping if they take certain steps such as
notifying the District Attorney and filing for custody.
No Guardian Ad Litem For Teens Seeking Restraining Orders (AB 2155 -
Kuehl):
This allows a minor 12 years or older to appear in court without a
guardian ad litem in order to obtain a domestic violence restraining
order.
Legislation in 1996 - Part II
=============================
Guidelines for Supervised Visitation Providers (SB 1643-Solis)
This law requires the Judicial Council to develop standards for supervised
visitation centers by April 1, 1997. This is crucial to our clients who
often utilize supervised visitation centers which currently operate under
no form of licensing or state guidelines.
Domestic Violence Training For Custody Investigators (SB 1995-O'Connell)
This requires all court appointed investigators and their clinical
supervisors at Family Court Services to have completed a domestic violence
training program.
Juvenile Court and Domestic Violence (AB 2647 - Kuehl)
This makes a number of changes to the laws regarding dependency court
proceedings in which parental rights are potentially at issue because of
allegations of child abuse or neglect. This is an important milestone in the
struggle to show the link between domestic violence to a parent and harm to
a child, while not holding battered parents responsible for the batterer's
behavior.
Domestic Violence Training for Judges (AB 2819 - Caldera)
This requires the Judicial Council to provide domestic violence training
for judges.
On the federal level, the welfare law brings huge changes to the welfare
system, and potential homelessness to our clients. Among the major changes
are:
- lifetime limits of 5 years for all welfare recipients
- requirements that a recipient be working within 2 years of receiving benefits
- no benefits to legal permanent residents
- no increases in benefits for parents who have another child while receiving
benefits
- a limit of 3 months of food stamps in any 3 year period for childless adults
- no entitlement, meaning that even if you meet all requirements, there is no
guarantee you get assistance.
The silver lining to this is the Family Violence Amendment, which, if adopted,
allows a state to create an information and referral system of resources
regarding domestic violence for all welfare applicants and recipients, and
allows a state to waive certain requirements if a recipient cannot meet them
because of domestic violence.