Senator Min's Domestic Violence Restraining Order Bill Awaits Governor’s Signature

(SACRAMENTO, CA) – Last week, Senate Bill (SB) 741, authored by Senator Dave Min (D-Irvine), passed out of the California Legislature and is currently on Governor Gavin Newsom’s desk awaiting his signature. SB 741, which will curtail the abusive litigation tactics that have been weaponized by perpetrators of domestic abuse in recent years, is another significant step forward in California’s ongoing efforts to protect domestic violence survivors.

“The passage of SB 741 underscores the California state legislature’s resolve to put survivors first," remarked Senator Dave Min. "By creating mechanisms that prevent abusive litigation tactics and expedite domestic violence restraining orders, we're ensuring that those escaping abuse can do so without further trauma and delay. I’m grateful to my colleagues and to the many partners we had who helped us develop this legislation and pass it into law."

The legislation addresses the issue of litigation misuse, a tactic employed by abusive partners to exert control and inflict harm on their victims through the legal system, and sets clear parameters for discovery in domestic violence restraining order cases, allowing mechanisms such as depositions and interrogatories only upon a court-determined showing of good cause. This provision safeguards survivors from unnecessary delays and potential re-victimization.

SB 741 was sponsored by the University of California, Irvine Law’s Domestic Violence Clinic, and Professor Jane Stoever, Director of the Clinic, praised the advancement of the bill, stating, "Our clinic proposed SB 741 to create a process and protections for discovery in civil domestic violence restraining order (DVRO) cases, seeking to guard from the weaponization of discovery currently used to intimidate survivors from pursuing protection and to delay relief." Professor Stoever continued, “Until now, California has lacked law on discovery pertaining to the factual and legal context of DVROs, and we’ve been witness to alarming case examples from our clinic and across the state.”

Key findings highlighted in the bill underscore the severity of the domestic violence crisis in California, noting that over a third of California women and a seventh of men face intimate partner violence, stalking, or sexual abuse. SB 741 also emphasizes the particular vulnerability of sexual and gender minorities, who face domestic violence rates as high or higher than their cisgender and heterosexual counterparts.

Senator Min expressed gratitude for the collective support received from his colleagues. "This bill is more than just another piece of legislation. It's a testament to our shared commitment to creating a safer California for all."

SB 741 will reduce the risk of harassment and intimidation of domestic violence survivors, prevent unnecessary delay in adjudicating DVRO requests, and ensure that parties only use discovery when necessary and with good cause, reducing the cost and burden of discovery for parties and promoting judicial economy.

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