AMENDED IN SENATE JUNE 11, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

98

Introduced by Assembly Member Kalra

(Coauthors: Assembly Members Alanis, Bains, Papan, Stefani, and Zbur)

February 20, 2026

An act to amend Sections 6211, 6300, 6301, 6320, and 6340 of, and to add Sections 6217 and 6230 to, the Family Code Code, relating to domestic violence.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue an ex parte protective order enjoining a party from, among other things, disturbing the peace of the other party. Existing law provides that disturbing the peace of the other party refers to conduct that includes coercive control, as defined, which includes unreasonably engaging in specified actions, including isolating the other party from friends, relatives, or other sources of support. Existing law makes an intentional and knowing violation of a protective order punishable as a misdemeanor.

This bill would include forced marriage for purposes of the act. The bill would define “forced marriage” as a spousal relationship in which one or both parties do not or cannot consent and one or both parties are compelled, through force, fraud, coercion, duress, abuse of power, or coercive control, to enter, attempt to enter, or maintain, a marriage, regardless of whether the marriage is legally valid. If a protective order is sought to protect against a forced marriage, the bill would authorize all persons engaged in conduct to arrange, officiate, finance, or facilitate a forced marriage or attempted forced marriage to be included in one action as respondents. The bill would provide that coercive control, for purposes of the act, includes interfering with, threatening, or attempting to prevent a party or witness from participating in a court proceedings. proceeding. The bill would provide that conduct undertaken to compel, attempt to compel, prepare for, or facilitate a forced marriage constitutes disturbing the peace of the other party, as specified. The bill would authorize a court to issue a protective order upon reasonable proof of prior instances of forced marriage or a credible risk of a forced marriage occurring, as specified. The bill would require the provisions of the act to be liberally construed to prevent forced marriage and related coercive conduct. construed. The bill would authorize a court to grant relief regardless of whether a marriage has occurred or whether a purported marriage would be legally valid in this state or any other jurisdiction. Because a violation of a protective order is punishable as a crime, by expanding the bases for the issuance of these orders, the bill would expand an existing crime, thereby imposing a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) Forced marriage is a form of abuse and coercive control that falls within the protective purposes of the Domestic Violence Prevention Act (DVPA). This act clarifies that courts may issue restraining orders to prevent, enjoin, and remedy forced marriage using existing DVPA procedures and penalties.

(b) Forced marriage, in all its forms, is a pervasive issue in this state and a violation of fundamental human rights.

(c) Anyone, regardless of race, ethnicity, color, sex, gender identity or expression, sexual orientation, education, socioeconomic status, marital status, relationship to the perpetrator, immigration or citizenship status, language proficiency, veteran or military status, or disability, may be a victim of forced marriage.

(d) Forced marriage harms not only victims but also their families, communities, and society at large.

(e) Victims of forced marriage deserve full protection and relief under California law.

(f) The purposes of this measure are to prevent acts of forced marriage and related coercive conduct and to remedy their effects on victims and communities through timely and effective civil protection. This measure is intended to protect individuals from being forced into marriage or from attempts, threats, or preparations to compel marriage, and to provide relief to those seeking to escape or recover from that coercion.

SEC. 2.

Section 6211 of the Family Code is amended to read:

6211.

“Domestic violence” is abuse perpetrated against any of the following persons:

(a) A spouse or former spouse.

(b) A cohabitant or former cohabitant, as defined in Section 6209.

(c) A person with whom the respondent is having or has had a dating or engagement relationship.

(d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).

(e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.

(f) Any other person related by consanguinity or affinity within the second degree.

(g) A party subjected to a forced marriage or an attempted forced marriage.

SEC. 3.

Section 6217 is added to the Family Code, to read:

6217.

(a) “Forced marriage” means a spousal relationship in which one or both parties do not or cannot consent and one or both parties are compelled, through force, fraud, coercion, duress, abuse of power, or coercive control, to enter, attempt to enter, or maintain a marriage, regardless of whether the marriage is legally valid. Forced marriage constitutes abuse for purposes of this division.

SEC. 4.

Section 6230 is added to the Family Code, to read:

6230.

This division shall be liberally construed to prevent forced marriage and related coercive conduct. construed. Relief shall not be denied on the basis that the conduct is claimed to be customary, religious, cultural, or lawful in another jurisdiction. Passage of time alone shall not bar relief.

SEC. 5.

Section 6301 of the Family Code is amended to read:

6301.

(a) An individual need not be a resident of the state to file a petition for an order under this part. A petition for an order under this part may be filed in any superior court in this state, consistent with Section 410.10 of the Code of Civil Procedure, which may include, but is not limited to:

(1) The county in which the petitioner resides or is temporarily located.

(2) The county in which the defendant resides.

(3) The county in which the offense occurred.

(4) Any other court that may have jurisdiction over the parties or the subject matter of the case.

(b) An order under this part may be granted to any a person described in Section 6211, including a minor pursuant to subdivision (b) of Section 372 of the Code of Civil Procedure.

(c) The right to petition for relief shall not be denied because the petitioner has vacated the household to avoid abuse, and in the case of a marital relationship, notwithstanding that a petition for dissolution of marriage, for nullity of marriage, or for legal separation of the parties has not been filed.

(d) The length of time since the most recent act of abuse is not, by itself, determinative. The court shall consider the totality of the circumstances in determining whether to grant or deny a petition for relief.

SEC. 6.

Section 6320 of the Family Code is amended to read:

6320.

(a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.

(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.

(c) As used in subdivision (a), “disturbing the peace of the other party” refers to conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party. This conduct may be committed directly or indirectly, including through the use of a third party, and by any method or through any means including, but not limited to, telephone, online accounts, text messages, internet-connected devices, including connected devices as defined in Section 22948.30 of the Business and Professions Code, or other electronic technologies. This conduct includes, but is not limited to, coercive control, which is a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty. Examples of coercive control include, but are not limited to, unreasonably engaging in any of the following:

(1) Isolating the other party from friends, relatives, or other sources of support.

(2) Depriving the other party of basic necessities.

(3) Controlling, regulating, or monitoring the other party’s movements, communications, daily behavior, finances, economic resources, or access to services.

(4) Compelling the other party by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other party has a right to abstain or to abstain from conduct in which the other party has a right to engage.

(5) Engaging in reproductive coercion, which consists of control over the reproductive autonomy of another through force, threat of force, or intimidation, and may include, but is not limited to, unreasonably pressuring the other party to become pregnant, deliberately interfering with contraception use or access to reproductive health information, or using coercive tactics to control, or attempt to control, pregnancy outcomes.

(6) Interfering with, threatening, or attempting to prevent a party or witness from participating in court proceedings.

(d) Conduct undertaken to compel, attempt to compel, prepare for, or facilitate a forced marriage constitutes disturbing the peace of the other party. This includes, but is not limited to any of the following:

(1) Threats, intimidation, harassment, or abuse targeted at a person in an attempt to secure a marriage without consent.

(2) Confiscating, withholding, or controlling passports, visas, identity documents, or travel documents.

(3) Isolation, surveillance, restriction of movement or communication, or financial control.

(4) Arranging, officiating, financing, or facilitating a forced marriage ceremony or related travel with knowledge that the marriage is being forced. travel.

(e) This section does not limit any remedies available under this act or any other provision of law.

SEC. 7.

Section 6340 of the Family Code is amended to read:

6340.

(a) (1) The court may issue any of the orders described in Article 1 (commencing with Section 6320) after notice and a hearing. When determining whether to make any orders under this subdivision, the court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner and the children for whom the custody or visitation orders are sought. If the court makes any order for custody, visitation, or support, that order shall survive the termination of any protective order. The Judicial Council shall provide notice of this provision on any Judicial Council forms related to this subdivision.

(2) (A) If at the time of a hearing with respect to an order issued pursuant to this part based on an ex parte temporary restraining order, the court determines that, after diligent effort, the petitioner has been unable to accomplish personal service, and that there is reason to believe that the restrained party is evading service, the court may permit an alternative method of service designed to give reasonable notice of the action to the respondent. Alternative methods of service include, but are not limited to, the following:

(i) Service by publication pursuant to the standards set forth in Section 415.50 of the Code of Civil Procedure.

(ii) Service by first-class mail sent to the respondent at the most current address for the respondent that is available to the court or delivering a copy of the pleadings and orders at the respondent’s home or place of employment, pursuant to the standards set forth in Sections 415.20 to 415.40, inclusive, of the Code of Civil Procedure.

(B) If the court permits an alternative method of service under this paragraph, the court shall grant a continuance to allow for the alternative service pursuant to Section 245.

(b) The court shall, upon denying a petition under this part, provide a brief statement of the reasons for the decision in writing or on the record. A decision stating “denied” is insufficient.

(c) The court may issue an order described in Section 6321 excluding a person from a dwelling if the court finds that physical or emotional harm would otherwise result to the other party, to a person under the care, custody, and control of the other party, or to a minor child of the parties or of the other party.

(d) In cases a case involving forced marriage or a credible risk thereof, the court may issue any an order otherwise authorized under this part, including, but not limited to, the following:

(1) Orders An order prohibiting the arrangement, solemnization, or facilitation of any a marriage involving the protected party during the term of the order. without the protected party’s consent.

(2) Orders An order requiring the surrender to the court or return of passports, visas, or other travel or identity documents necessary to prevent removal of the protected party.

(3) An order necessary to ensure that a person is not removed from school, school or prevented from attending school, a medical or mental health appointments, meetings appointment, a meeting with a service providers or attorneys, or extracurricular activities. provider or attorney, an extracurricular activity, or other conduct in which the protected party has a right to engage.

(4) An order necessary to prevent the transportation of a person outside the jurisdiction for purposes related to a forced marriage.

SEC. 8.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.