CaliforniaAB 5612025-2026 Regular SessionHouse

Restraining orders.

Sponsored By: Sharon Quirk-Silva (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 4 benefits, 1 costs, 2 mixed.

Guns must be surrendered; violations are crimes

If you are under a protective order, you cannot own, have, buy, or receive a gun or ammunition while the order is in effect. The court orders you to surrender any firearms. Violating a restraining order is a crime and can be prosecuted. For elder protective orders, the gun ban does not apply if the order is only for financial abuse or for isolation without force, threat, harassment, intimidation, or other abuse.

Stronger protections for elders and dependents

Adult Protective Services (APS) can file for protective orders for an elder or dependent adult who cannot understand the risk, or who gave written permission; APS must refer incapacity cases to the public guardian. After a hearing, courts can stop someone from isolating an elder who wants contact and has capacity, unless the isolation responded to abuse or the elder chose no contact; some facility exceptions apply. Courts may order the restrained person to attend licensed counseling or anger management. Courts must quickly send elder order details and service information to law enforcement and the state DOJ system so officers can see and enforce them. The winning party may recover court costs and attorney’s fees.

Faster restraining order timelines and access

The law lets anyone who is harassed ask the court for a temporary restraining order and a later order after a hearing. The court decides same day on a no‑notice temporary order, or the next court day if filed too late in the day. A temporary order lasts up to 21 days, or 25 days if the hearing is extended for good cause. The hearing must be set within 21 days (25 with good cause). Final orders can last up to five years and can be renewed for up to five more; if no end date is written, they last three years. Notices tell respondents the court can issue orders that may last up to five years if they do not attend. Service rules are clearer: personal service at least five days before the hearing (the court can shorten or allow another method if evasion), and enforcement is allowed when the respondent had actual notice; a final order identical to a served temporary order can be mailed if the respondent skipped the hearing. Each side gets one continuance as of right, and a temporary order stays in place. A child under 12 can appear with a guardian ad litem for these requests. You may file in the county where you live, where the respondent lives, or where the acts happened, and the law defines key terms like harassment and credible threat. Courts may award attorney’s fees and costs to the winning party.

Lower costs and online filing in harassment cases

There is no court filing fee if your petition alleges violence, stalking, or a credible threat, and no fee for related subpoenas or responses. The sheriff or marshal does not charge to serve orders based on stalking, unlawful violence, or a credible threat. Starting January 1, 2027, you can file harassment petitions online and appear by phone or video at no charge; courts must post clear rules. Parties must use the Judicial Council’s simple forms. Some sheriffs or marshals may require prepayment for service of process if they use that rule countywide, but this does not apply to the no‑fee protective order services above; fee amounts are capped by state law.

Free e-filing and remote DV hearings

Starting January 1, 2027, you can file domestic violence restraining order petitions electronically at no charge. You, a support person, or a witness can attend the hearing remotely with no fees. Courts must post clear rules and instructions.

No-fee remote and e-filing for elder cases

There is no filing fee for elder protective order petitions, responses, reissuance, changes, or enforcement. Starting January 1, 2027, courts must allow free electronic filing and must show e‑filing and self‑help information clearly. Also starting January 1, 2027, parties, APS representatives, and witnesses can appear remotely at no charge, and courts must post local rules and steps.

Protect pets and kids' privacy

A judge can, for good cause, give you exclusive care of your pet and order the other person not to harm, take, or go near it. A minor or the minor’s guardian can ask the court to seal the minor’s case information if strict privacy findings are met; improper disclosure can be fined up to $1,000.

Sponsors & Cosponsors

Sponsor

  • Sharon Quirk-Silva

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 250 • No: 0

House vote 9/10/2025

Item 246 — Assembly AFLOOR

Yes: 79 • No: 0

Senate vote 9/9/2025

Item 241 — Senate SFLOOR

Yes: 40 • No: 0

legislature vote 8/29/2025

Vote in CS61

Yes: 7 • No: 0

legislature vote 8/25/2025

Vote in CS61

Yes: 6 • No: 0

legislature vote 7/8/2025

Vote in CS53

Yes: 13 • No: 0

House vote 6/2/2025

Item 114 — Assembly AFLOOR

Yes: 79 • No: 0

legislature vote 5/23/2025

Vote in CX25

Yes: 14 • No: 0

legislature vote 3/25/2025

Vote in CX13

Yes: 12 • No: 0

Actions Timeline

  1. Chaptered by Secretary of State - Chapter 267, Statutes of 2025.

    10/3/2025Senate
  2. Approved by the Governor.

    10/3/2025legislature
  3. Enrolled and presented to the Governor at 3 p.m.

    9/22/2025legislature
  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3222.).

    9/10/2025House
  5. In Assembly. Concurrence in Senate amendments pending.

    9/9/2025House
  6. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2668.).

    9/9/2025Senate
  7. Read second time. Ordered to third reading.

    9/8/2025Senate
  8. Read third time and amended. Ordered to second reading.

    9/4/2025Senate
  9. Ordered to third reading.

    9/3/2025Senate
  10. From special consent calendar.

    9/3/2025Senate
  11. Ordered to special consent calendar.

    9/2/2025Senate
  12. Read second time. Ordered to third reading.

    8/29/2025Senate
  13. From committee: Do pass. (Ayes 7. Noes 0.) (August 29).

    8/29/2025Senate
  14. In committee: Referred to suspense file.

    8/25/2025Senate
  15. (Ayes 27. Noes 0. Page 2170.)

    8/18/2025Senate
  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

    8/18/2025Senate
  17. In committee: Hearing postponed by committee.

    8/7/2025Senate
  18. Read second time and amended. Re-referred to Com. on APPR.

    7/10/2025Senate
  19. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 13. Noes 0.) (July 8).

    7/9/2025Senate
  20. In committee: Hearing postponed by committee.

    6/26/2025Senate
  21. Referred to Com. on JUD.

    6/11/2025Senate
  22. In Senate. Read first time. To Com. on RLS. for assignment.

    6/3/2025Senate
  23. Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1838.)

    6/2/2025House
  24. Read second time. Ordered to third reading.

    5/27/2025House
  25. From committee: Do pass. (Ayes 14. Noes 0.) (May 23).

    5/23/2025House

Bill Text

  • Chaptered

    10/3/2025

  • Enrolled

    9/12/2025

  • Amended Senate

    9/4/2025

  • Amended Senate

    8/18/2025

  • Amended Senate

    7/10/2025

  • Amended Assembly

    3/10/2025

  • Introduced

    2/12/2025

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