Senator Cortese Unveils Bill to Protect Violence Victims through Borderless Restraining Orders

Senator Cortese today unveiled the Survivor's Protection Act, a groundbreaking bill that will help ensure the safety of survivors of domestic and sexual violence, regardless of where they live. California is one of 36 states where courts often deny petitions for restraining orders for sexual or domestic violence simply because the survivor or the perpetrator is not a state resident.

Senate Bill (SB) 554 clarifies in law that an individual, regardless of whether they are a California resident, has the right to petition for a restraining order in California if their perpetrator lives in California or the incident occurred within the state.

“This bill will save lives,” said Senator Dave Cortese (D-San Jose. “As a state and local official, I have seen tens of thousands of domestic violence calls come into local hotlines every year. Each and every one of those victims deserve protection and peace of mind from predators, regardless of where they may seek refuge or move their families. This bill will allow California judges to protect innocent people and families from further trauma, abuse or injury, no matter the state in which they currently reside.”

SB 554 would allow California to join 14 other states with the most comprehensive restraining order laws. Currently, the lack of clear guidelines leads California courts to dismiss, revoke, or prohibit petitions for restraining orders, even when survivors have sought safety by relocating. This uncertainty may lead some survivors to forgo crucial healing resources, such as domestic violence and sexual assault clinics, leaving them vulnerable to further attacks.

“We want to express our appreciation to Senator Cortese for his leadership on this bill and for prioritizing the safety of survivors of domestic and sexual violence,” said Victoria Calderon, California Policy Director of Restraining Orders without Borders. “The justice system has long inadvertently benefitted perpetrators rather than survivors, granting them rights that survivors do not have, and this bill evens the playing field to ensure a survivor can seek the protection they so deeply need. We look forward to seeing this bill progress in 2024 and witnessing California join 14 other states by creating more comprehensive restraining order access laws.”

SB 554, The Survivor's Protection Act, aims to bridge these gaps by allowing restraining order petitions to be filed in California if the perpetrator lives in the state or if the offense occurred in the state, regardless of where the survivor resides or is temporarily living.

The law is sponsored by Restraining Orders Without Borders, a federal and state campaign advocating for the rights of survivors of domestic and sexual violence through legislative action. In 2023, the group sponsored SB 1267 in the Hawaii Legislature, which allowed survivors to petition out-of-state courts for restraining orders. The bill was signed into law with unanimous support. SB 554 is also supported by Rise, an organization that authored the federal Sexual Assault Survivors Bill of Rights in 2016.

Senator Dave Cortese represents Senate District 15, which encompasses San Jose and much of Santa Clara County in the heart of Silicon Valley. Visit Senator Cortese’s website: https://sd15.senate.ca.gov

 

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