Calley’s Law: Domestic Violence Restraining Orders

Senator Anna M. Caballero (SD 12) Announces legislation to help survivors of domestic violence.

The Stay at Home Order issued March 2020 in California has had the unintended consequence of increasing the number of domestic violence and abuse reports throughout our state. For those that make the oftentimes dangerous decision to leave an abusive partner, obtaining a domestic violence restraining order is a vital first step.

Currently a judge can grant a multitude of different orders to provide protections for the abused party in  a domestic violence restraining order, yet no  options  exist to keep school,  medical and dental information about the shared children from the abuser, in order to protect the children and the non- putative party. If there is no clear language stating otherwise, these 3rd party institutions have no authority to deny a parent their legal right to information.

In order to close this omission on domestic violence restraining order forms, SB 24 makes a small but significant change by editing the current form.  This bill  seeks  to add a separate checkbox that a judge can select to allow the school,  medical, and dental information  of a child to be protected from an abusive parent. This way, it will  be clear which protective order forms  have this additional protection and which do not, and 3rd party institutions, such as schools and medical offices, have a clear court order giving them guidance on how to properly enforce these restraining orders.

Calley, a mother of three young boys under the age of 6 living in my district, left her husband after years of abuse in May 2020, in the middle of  the current COVID-19 pandemic. She  obtained a domestic violence restraining order and went into hiding with the assistance of a domestic violence support

shelter. After 3 months of successfully evading her husband’s efforts to locate her, Calley made an appointment at a local health clinic. Due to an egregious error, her husband learned from the clinic the

time and location of the appointment. On July 14th, 2020, he drove to the clinic, waited for Calley in the parking lot, and when she arrived, shot and killed her as she shielded their three young  children  from the bullets.

“I was devastated when I learned of the tragic murder of such a courageous young  mother.  Even more so upon learning that her death could  have been avoided.  Calley’s tragedy highlights opportunities  in the law that can be strengthened to help survivors of domestic violence. By allowing Judges to evaluate and provide specific orders to protect the information about medical or dental appointments or school enrollment from the abuser, we can provide maximum protection for individuals who flee in fear of their lives, as in Calley’s case.” said Senator Caballero. “We need to honor Calley’s life and ensure that this

never happens again to a person fleeing from violence.”

Senator Anna M. Caballero represents the 12th Senate District, composed of the Salinas Valley, the Counties of Merced and San Benito and portions of Fresno, Madera and Stanislaus Counties.

 

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