Assemblyman Gallagher Introduces Bill to Protect Witnesses of Domestic Violence

SACRAMENTO – Assemblyman James Gallagher (R – Yuba City) introduced legislation enhancing protections to witnesses of domestic violence, by making it easier for a court to issue restraining orders to keep abusers away from their victims.

“Witnesses of domestic violence, in most cases children, must have protections from domestic abusers. It is imperative we protect these people from continuing emotional, psychological, and even physical harm,” stated Gallagher.

Currently, if a defendant is convicted of a crime involving domestic violence, the Court can only issue a post-conviction restraining order restraining the offender from any contact with the “victim”. This fails to protect witnesses of domestic violence, who are in most cases minors.  These witnesses could still be endangered, and a minor who is physically present during an act of domestic violence still suffers significant harm. Although the harm may not be immediately visible, is it no less real.

AB 270 would protect witnesses of domestic violence by including them within the coverage of post-conviction domestic violence restraining orders.  Further, the bill would state that a minor who was not a victim of, but who was physically present during an act of domestic violence, is a witness and is deemed to have suffered harm.