State legislators last week advanced a bill meant to increase coordination between military and law enforcement to add greater protections for victims of domestic violence.
The bill would require law enforcement to notify military authorities if they believe a military protective order has been violated off base. It also allows those protective orders to be considered by a court when determining whether to issue a civil restraining order.
Military protective orders, also known as MPOs, essentially are restraining orders issued by commanders, often in cases of alleged domestic violence or sexual assault. While they can issue broad protections, such as limiting contact and/or establishing distance, according to an Air Force fact sheet, they are not enforceable by civilian authorities.
SB 99, from Sen. Catherine Blakespear, would allow military protective orders to be used as evidence in court, allow local authorities to coordinate with the military for communicating about potential violations of civil and military protective orders and require police to alert the proper military authorities if they believe there’s been a violation.
“Many military families live off base, and that can create gaps in protection for people who have been granted military protective orders,” Blakespear, a Democrat who represents communities in southern Orange County, said.
“SB 99 helps ensure that those with MPOs living off base are able to receive the support and protection they need,” she added.
The bill is sponsored by the U.S. Department of Defense and passed the Senate Public Safety and Judiciary committees last week.
Kelli May Douglas, the Pacific Southwest Region Liaison for the Defense Department, told legislators that nine states have already enacted similar legislation. Another five, including California, are actively considering such legislation, she said.
“Instances of harmful behavior often involve personnel who interact within both civilian and military jurisdictions, and without coordinated communications, violations may go unreported and unaddressed, risking further harm to victims,” Douglas said.
“The department and Congress have established and implemented policies and programs to prevent and eliminate domestic abuse, protect victims, hold abusers appropriately accountable for their behavior and coordinate the response to domestic abuse with the local community,” said Douglas. “However, we have identified several critical gaps that can only be resolved through state actions.”
ACLU California Action, though, is opposed to the bill “due to fundamental due process concerns around military protective orders,” George Parampathu, a legislative attorney with the organization, told legislators.
“The decision to impose an MPO is made by a commanding officer, not a judge,” Parampathu said. “And this decision may be made without notice to the subject and without any opportunity for the subject to present evidence against the MPO.”
“We should not compound these concerns by telling courts to weigh MPOs in state proceedings,” he said. “We recognize the need to continue finding ways to address domestic violence, but we must do so in balance with due process.”
Still, the bill passed unanimously out of both committees.
In other news
• Attorney General Rob Bonta is sponsoring a bill from Sen. Bob Archuleta meant to protect veterans from people and groups not accredited by the U.S. Department of Veterans Affairs that charge veterans for representation or other services related to benefits claims. The state attorney general said some of these groups may be well-intentioned, but others are predatory and charge exorbitant fees.
“Claim sharks pose a financial risk to veterans who need help with their benefits claims,” said Bonta. “SB 694 halts predatory individuals or companies that exploit veterans seeking help accessing their benefits. This legislation makes it crystal clear: If you want to charge veterans for help with their benefits claims, you must be accredited by the VA. California will vigorously protect those who have sacrificed so much to protect us.”
Archuleta is an Army combat veteran and former paratrooper and represents Brea and Placentia in the statehouse.
• The Senate passed Sen. Steven Choi’s resolution last week proclaiming Jan. 13 Korean American Day. Choi also held a celebration in tandem with the proclamation.
“Korean American Day is an opportunity to recognize the remarkable contributions Korean Americans have made to California and to our nation,” said Choi, an Irvine Republican.
“Korean American Day reminds us of the journey from immigration to opportunity, and it affirms our shared responsibility to ensure that future generations can continue to thrive, contribute, and lead in California,” Choi said.