Judges must explain reasons when denying restraining orders in domestic violence cases

California Chronicle

California Political Desk
August 26, 2008

SACRAMENTO – Governor Schwarzenegger recently signed Assemblyman Jose Solorio’s (D-Anaheim) Assembly Bill 2553. The new law requires judges to explain their reasons if denying temporary retraining orders in domestic violence cases. The bill was signed just before the California budget impasse prompted the Governor’s decree to not sign any legislation until the budget is resolved.

The new law was a response to the practice in courtrooms of “rubber stamping” denials of temporary restraining orders filed by victims of domestic violence. “Without a written explanation of a denial, a judge’s sound reasoning is subject to speculation,” Solorio said. “Victims of domestic violence need to know why their temporary restraining orders are denied.”

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