AB 307 Protecting Victims of Sexual Assault

On September 9, 2013 Governor Jerry Brown signed Assembly Bill 307, vital legislation that allows criminal courts to issue restraining orders protecting sexual assault victims from their assailants. This bill was authored by Assembly Speaker pro Tempore Nora Campos (D-San Jose) and co-sponsored by Alameda County District Attorney Nancy E. O’Malley and the California District Attorneys Association.

This new law strengthens the protections for victims of sexual assault by enabling a criminal court to issue a stay-away order enforceable for up to ten years following a conviction of a felony sexual assault crime. Prior to the enactment of this law, a sexual assault victim could only obtain this type of stay-away order by going to a civil court to request the restraining order. Now, the prosecutor in the sexual assault case has the ability to seek and obtain the protective order on behalf of a victim. The bill also lengthens the number of years from five to ten that the order can be enforced.

D.A. O’Malley states “this legislation is a major victory for victims of sexual assault throughout the state. Survivors of sexual assault are now guaranteed the peace of mind that a court can issue and enforce a complete stay away order that lasts a full decade. I am grateful for the work of Assemblymember Campos and the California District Attorneys Association on this legislation. I am proud that, working together, we have been able to strengthen and extend critical safeguards that all victims of sexual assault deserve.”

“Today, we’ve made life a little easier for victims of sex crimes,” Campos said. “A 10-year criminal protective order will allow survivors to avoid the strain and expense of going to a family court to have a new order issued when the original order expires. By allowing an initial protective order of up to 10 years to be issued by the court, victims will have increased security and a sense of safety allowing them to heal more quickly,” Campos added. “I am proud to have worked with Alameda County District Attorney Nancy E. O’Malley and the California District Attorneys Association to turn the idea into law.”

Posted on Sep 10, 2013