AMENDED IN ASSEMBLY JUNE 25, 2026
AMENDED IN ASSEMBLY JUNE 17, 2026
AMENDED IN SENATE APRIL 23, 2026
AMENDED IN SENATE APRIL 6, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
95
Introduced by Senator Rubio
(Coauthor: Senator Richardson)
February 19, 2026
An act to add Title 3B (commencing with Section 391.90) to Part 2 of the Code of Civil Procedure, and to amend Section 6309 of the Family Code, relating to domestic violence.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing law permits a court, on its own motion or the motion of any party, to enter a prefiling order prohibiting a vexatious litigant from filing any new litigation in propria persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed. Existing law permits a presiding judge or a presiding justice to allow a vexatious litigant’s filing only under specified circumstances and permits the presiding judge to condition the filing upon the furnishing of security. Existing law defines a vexatious litigant for these purposes to include, among other things, a person who, after being restrained by a domestic violence restraining order, and while that order is still in place, commenced, prosecuted, or maintained one or more litigations against a person protected by the restraining order. Existing law authorizes a person protected by a restraining order issued after a hearing pursuant to the above-described provisions to file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if, while the restraining order is still in place, they commence, prosecute, or maintain litigation against the person protected by the restraining order in an action that is determined to be meritless and caused the person protected by the order to be harassed or intimidated.
Existing law authorizes a court to issue, after notice and a hearing, orders enjoining a party from engaging in specified behavior, including contacting, attacking, or threatening another party.
This bill would, in any litigation pending in any court of this state, create a process for victims
a victim of domestic violence, as defined, that is a party to the action
to seek protection from abusive litigation by a person who abused them by requesting a prefiling order at any time until final judgment is entered in the litigation. The bill would require a court to grant a request for a prefiling order if the victim demonstrates, after notice and a hearing and by a preponderance of the evidence, that the party against whom the order is sought is a perpetrator, as defined, and that the litigation filed or the discovery requested by the perpetrator was frivolous or abusive. The bill would require a person subject to a prefiling order to obtain permission from the court to file any litigation or conduct discovery against the victim, as specified. The bill would also establish a process by which a party subject to a prefiling order may apply to have the order vacated. If a party subject to a prefiling order violates that order, the bill would make them subject
to sanctions, attorney’s fees, and costs, as specified. The bill would enumerate a number of rights of victims of domestic violence that may be enforced, but which do not create a cause of action against the state or local government entities.
This bill would provide that the victim would not be charged filing fees for any filings related to seeking a prefiling order and that any party may file documents electronically without charge and that any party, attorney, support person, or witness may appear remotely in these hearings without charge.
This bill would require the clerk of the court to provide the Judicial Council with a copy of any prefiling orders issued. The bill would require the Judicial Council to maintain records of all prefiling orders issued and, on or before January 1, 2028, to create and modify court forms to implement the bill, as specified.
The people of the State of California do enact as follows:
SECTION 1.
Title 3B (commencing with Section 391.90) is added to Part 2 of the Code of Civil Procedure, to read:
Title 3B. Domestic Violence Abusive Litigants
(a) This title may be cited as the Reclaim Act.
(b) The Legislature finds and declares all of the following:
(1) Domestic violence is an urgent public safety and public health crisis. In California, more than one in three women and one in seven men experience intimate partner physical violence, intimate partner sexual violence, or intimate partner stalking in their lifetimes. Sexual and gender minorities, including queer, gender nonbinary, intersex, and transgender persons, experience domestic violence at rates as high or higher than cisgender and heterosexual persons. Domestic violence accounts for more than 15 percent of all violent crimes in California and more than 10 percent of all California homicides.
(2) Domestic violence survivors often face ongoing abuse in the form of litigation abuse. Litigation abuse is the use of legal or bureaucratic procedures by abusive partners to continue to attack, harass, intimidate, coercively control, or maintain contact with their former partners through the litigation system by exerting power over them, forcing them to have contact, financially burdening them with excessive discovery and litigation, emotionally or financially harming them with unnecessary, irrelevant, or intrusive discovery, degrading and insulting them in legal papers, unduly delaying the court process and final resolution of important issues, or dissuading them from pursuing legal protection. Studies show that litigation abuse causes severe consequences for survivors, including economic hardship and psychological harm, and foregoing legal relief in part or in whole. Research also shows that judicial officers and court evaluators often misunderstand or overlook litigation abuse and its effects on survivors.
(3) Victims of domestic violence have the following basic rights in every civil, family, and small claims court:
(A) To be treated with fairness and respect for their privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the court process.
(B) To be safe, secure, free from abuse, and reasonably protected.
(C) To prevent the disclosure of confidential information or records, which could be used to locate or harass the victim or the victim’s family, or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
(4) (A) A victim, the attorney of a victim, or a lawful representative of the victim may enforce the rights enumerated in paragraph (1) in any trial or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request.
(B) This section does not create any cause of action for compensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any of its political subdivisions, or any officer or employee of the court.
(c) It is the intent of the Legislature to accomplish all of the following:
(1) Promote the health and safety of domestic violence survivors and their children.
(2) Prevent abusive litigation tactics that interfere with the Legislature’s intent to protect domestic violence victims.
(3) Empower domestic violence survivors and allow them to reclaim and maintain their freedom from their abusers who engage in domestic abuse.
As used in this title, the following terms have the following meanings:
(a) “Abusive discovery” means the use of discovery processes by a perpetrator of domestic violence to attack, harass, intimidate, coercively control, or maintain contact with the victim of their domestic violence by exerting power over them, forcing them to have contact, financially burdening them with excessive discovery, degrading and insulting them in legal papers, unduly delaying the court process and final resolution of important issues, or dissuading them from pursuing legal protection.
(b) “Abusive litigation” means any litigation as described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 6309 of the Family Code.
(c) “Domestic violence” has the same meaning as defined in the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200) of the Family Code).
(d) “Enjoined party” means the person who has committed domestic violence against the victim of domestic violence and who is subject to a prefiling order issued under this title.
(e) “Frivolous” means frivolous as defined in paragraph (2) of subdivision (b) of Section 128.5.
(f) “Perpetrator” means the person who committed domestic violence against the victim of domestic violence.
(g) “Prefiling order” means an order issued pursuant to Section 391.94.
(h) “Victim of domestic violence” means any of the following:
(1) A person who has been found by any court to be a victim of conduct that is domestic violence.
(2) A person who has been found by any court to be a victim of a crime that includes conduct that is domestic violence.
(3) A person who is or has been protected by a civil or criminal restraining or protective order issued after a noticed hearing, pursuant to Division 10 (commencing with Section 6200) of the Family Code.
(4) A person who is or has been protected by a civil or criminal restraining or protective order issued after a noticed hearing, where the conduct involves domestic violence, pursuant to any of the following:
(i) Section 527.6.
(ii) Section 527.8.
(iii) Section 527.85.
(iv) Section 213.5 of the Welfare and Institutions Code.
(v) Section 15657.03 of the Welfare and Institutions Code.
(vi) Section 136.2 of the Penal Code.
(vii) Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code.
(a) The victim of domestic violence shall be not charged a filing or other fee for any document filed under this title.
(b) The court shall permit any filings under this title to be filed electronically, without charge.
(c) Any party, attorney, support person, or witness may appear remotely at any hearing under this title, without charge.
(d) Any party may have a support person pursuant to the terms of Section 6303 of the Family Code.
Notwithstanding any other law:
(a) (1) In any litigation pending in any court of this state, until a final judgment is entered, a victim of domestic violence that is a party to the action may file a motion for a prefiling order under this title against another party in the action.
(2) The litigation and any pending discovery requests shall be stayed during the pendency of the motion.
(b) After a noticed hearing, the court shall grant a motion filed pursuant to subdivision (a) if the court finds, by a preponderance of evidence, both of the following:
(1) That the party against whom the order is sought is a perpetrator.
(2) That the perpetrator has filed or is pursuing frivolous or abusive litigation against the victim of domestic violence, or has conducted, attempted to conduct, violence or is conducting frivolous or abusive discovery against the victim of domestic violence.
(c) A prefiling order granted under this title shall prohibit the enjoined party from filing litigation or conducting discovery against the victim of domestic violence in any civil, family, or small claims case, until and unless the enjoined party receives permission from the court.
(d) (1) An enjoined party seeking to file litigation or conduct discovery against the victim of domestic violence in a civil, family, or small claims case shall do one of the following, as applicable:
(A) If the enjoined party seeks to file a new case, the enjoined party shall obtain permission from the presiding judge or a judge designated by the presiding judge to act on their behalf of the court where the litigation is proposed to be filed.
(B) If the enjoined party seeks to assert a new claim in a pending matter or conduct discovery, the enjoined party shall file a noticed motion seeking permission from the court presiding over the pending matter.
(2) A court that receives a request under paragraph (1) may permit an enjoined party to file litigation or conduct discovery against the victim of domestic violence only if the court finds, by a preponderance of the evidence, that the litigation or discovery is not abusive, not frivolous, has merit, and has not been filed for the purpose of harassment or delay.
(3) A decision to grant a request under paragraph (1) shall be without prejudice to a future argument or finding that a litigation or discovery request does not satisfy the requirements of paragraph (2).
(e) Upon granting an order under subdivision (b), the court shall do both of the following:
(1) If the pending litigation was filed by the enjoined party, determine whether, by a preponderance of the evidence, the pending litigation is not abusive, is not frivolous, has merit, and has not been filed for the purpose of harassment or delay. If the court finds that the litigation does not meet all of these criteria, the court shall dismiss the litigation. The dismissal of the pending litigation shall be without prejudice unless the court finds that a dismissal with prejudice is warranted. Any subsequent filings by the enjoined party shall be subject to subparagraph (A) of paragraph (1) of subdivision (d).
(2) If there are pending discovery requests from the enjoined party against the victim of domestic violence, determine whether all pending requests, by a preponderance of the evidence, are not abusive, are not frivolous, have merit, and have not been propounded for the purpose of harassment or delay. If the court finds that the pending discovery requests from the enjoined party do not meet those criteria, the court shall order the enjoined party to withdraw those pending discovery requests.
(f) An enjoined party subject to a prefiling order under subdivision (b) may file an application to have the prefiling order vacated and their name removed from the Judicial Council’s list of enjoined parties subject to prefiling orders. The application shall be filed in the court that entered the prefiling order, either in the action in which the prefiling order was entered or in conjunction with a request to the presiding justice or presiding judge to file new litigation under subdivision (d). The application shall be made before the justice or judge who entered the order, if that justice or judge is available. If that justice or judge is not available, the application shall be made before the presiding justice or presiding judge or their designee.
(g) An enjoined party whose application under subdivision (f) is denied shall not be permitted to file another application on or before 18 months has elapsed after the date of the denial of the previous application.
(h) A court may vacate a prefiling order and order removal of an enjoined party’s name from the Judicial Council’s list of enjoined parties subject to prefiling orders upon a showing of a material change in the facts upon which the order was granted and that the ends of justice would be served by vacating the order.
(a) The clerk of the court shall provide the Judicial Council a copy of any prefiling orders under this title. The Judicial Council shall maintain a record of enjoined parties subject to those prefiling orders and the persons against whom they are enjoined from commencing a litigation without permission and shall monthly disseminate a list of those persons to the clerks of the courts of this state.
(b) On or before January 1, 2028, the Judicial Council shall promulgate and modify court forms and rules of court to implement this title. These forms shall include a notification to a victim of domestic violence and the restrained party upon issuance of a domestic violence restraining order of the rights and obligations under this title.
(a) If the enjoined party commences a litigation or seeks discovery against the victim of domestic violence without first obtaining court permission pursuant to subdivision (d) of Section 391.94, the litigation and discovery are automatically stayed until further order of the court.
(b) If the court determines that an enjoined party commenced a litigation or sought discovery without court permission, the court shall grant a request by the victim of domestic violence for sanctions and attorney’s fees and costs.
(c) Before the court issues an award of sanctions or attorney’s fees and costs under subdivision (b), the court shall first determine the enjoined party has or is reasonably likely to have the ability to pay pursuant to Section 270 of the Family Code.
(d) This section does not limit the ability of a court to remedy the enjoined party’s actions in another way, including, but not limited to, contempt.
The rights and remedies provided in this title are in addition to any other civil or criminal remedies that may be available to the victim of domestic violence.
SEC. 2.
Section 6309 of the Family Code is amended to read:
6309.
(a) (1) The Legislature finds and declares all of the following:
(A) Domestic violence is an urgent public safety and public health crisis. More than one in three California women and one in seven men experience intimate partner physical violence, intimate partner sexual violence, or intimate partner stalking in their lifetimes. Sexual and gender minorities, including queer, gender nonbinary, intersex, and transgender persons, experience domestic violence at rates as high or higher than cisgender and heterosexual persons. Domestic violence accounts for more than 15 percent of all violent crimes in California and more than 10 percent of all California homicides.
(B) Domestic violence survivors are most at risk when attempting to leave an abusive relationship. Without effective intervention in domestic abuse, the violence often increases in frequency and severity over time. Research has established that the civil domestic violence restraining order is the most effective legal remedy for intervening in and preventing future abuse.
(C) Domestic violence survivors often face ongoing abuse in the form of litigation abuse. Litigation abuse is the use of legal or bureaucratic procedures by abusive partners to continue to attack, harass, intimidate, coercively control, or maintain contact with their former partners through the litigation system by exerting power over them, forcing them to have contact, financially burdening them with excessive discovery and litigation, emotionally or financially harming them with unnecessary, irrelevant, or intrusive discovery, degrading and insulting them in legal papers, unduly delaying the court process and final resolution of important issues, or dissuading them from pursuing legal protection. Studies show that litigation abuse causes severe consequences for survivors, including economic hardship and psychological harm, and foregoing legal relief in part or in whole. Research also shows that judicial officers and court evaluators often misunderstand or overlook litigation abuse and its effects on survivors.
(2) It is the intent of the Legislature to accomplish the following:
(A) To promote the health and safety of domestic violence survivors and their children.
(B) To ensure that domestic violence survivors can seek and receive, without delay, the protection offered by the domestic violence restraining orders, which are remedial injunctive orders intended to offer expedited separation and protection from abuse.
(C) To provide for separation and to prevent future acts of domestic violence by streamlining any domestic violence restraining order discovery to expedite the adjudication of requests for restraining orders and prevent abusive litigation tactics that interfere with legislative intent to protect domestic violence victims.
(b) Consistent with the findings and declarations and statements of legislative intent in subdivision (a), discovery pursuant to the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure), is not permitted pursuant to this part except as set forth in this section.
(c) (1) A court may grant a request for discovery only upon a showing of good cause for the discovery by the party making the request.
(2) A party may make an oral or written request for discovery to the court at an evidentiary hearing pursuant to this part.
(3) A person shall not be required to make a written objection or response to a request for discovery but may express any objection or response orally or in writing or at the hearing.
(d) In determining whether to permit discovery in a proceeding pursuant to this part, the court shall consider all of the following:
(1) The importance and relevance of, and need for, the information sought to be obtained.
(2) The likelihood that the information may be acquired by another permitted discovery method, or may be acquired by other methods including pleadings or examination at the hearing.
(3) The delay in completion of the hearing, which is entitled to calendar preference pursuant to Section 244, if the discovery is permitted.
(4) The potential, if any, that the discovery may induce trauma in any person involved in the proceeding.
(5) Whether one or more persons are subject to any restraining or protective orders.
(6) Any other factor that may affect the prompt and fair resolution of the proceeding.
(e) If a court finds good cause and grants a request for discovery pursuant to subdivision (c), the court may do either of the following:
(1) (A) Continue the commencement of hearing for a reasonable period to permit one or more methods of discovery.
(B) If the court continues the hearing to allow for discovery pursuant to subparagraph (A), the court shall extend, and may modify, any restraining order in place.
(2) Commence the hearing to receive evidence and then continue the hearing to permit one or more methods of discovery.
(f) The court shall limit and control any permitted discovery to the least intrusive methods as authorized pursuant to the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) and the minimum number of items reasonably necessary to secure the requested information. The court shall specify the time for response to any permitted discovery after considering the items in subdivision (d).
(g) Nothing in this section is intended to take away rights afforded in the Domestic Violence Prevention Act. Nothing in this section is intended to infringe on the ability for abuse survivors to receive their police reports and evidence pursuant to Section 6228 or on parties’ ability to discover their own business records without obtaining court permission, including medical records, phone records, or recordings of calls to 911, to provide corroborating proof.
SEC. 3.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.