As we welcome 2025, several significant changes to California family law and domestic violence statutes come into effect.
These laws aim to enhance protections for vulnerable individuals, streamline legal processes, and address evolving societal needs. Below is an in-depth look at each law, its provisions, and its potential impact on family law practice and clients.
Domestic Violence Protective Orders and Firearms
AB 2759 (Petrie-Norris), Ch. 535 This law strengthens the enforcement of domestic violence protective orders by explicitly prohibiting individuals subject to these orders from possessing firearms. Key provisions include:
- Mandatory surrender of firearms immediately upon issuance of a protective order.
- Coordination with law enforcement to ensure firearm surrender.
- Regular reporting mechanisms to track compliance.
Impact: Victims of domestic violence gain stronger protection. By closing gaps in enforcement, this law minimizes the risk of firearm-related incidents. Family law attorneys should:
- Prepare clients for firearm surrender requirements.
- Collaborate with law enforcement to ensure compliance.
- Document compliance thoroughly in court proceedings.
AB 2822 (Gabriel), Ch. 536 Requires courts to make explicit notations in case files when a firearm or other deadly weapon is removed under a protective order.
Impact: Improved record-keeping ensures transparency and accountability. Attorneys should:
- Review court orders to ensure proper documentation of weapon removals.
- Utilize these notations in subsequent enforcement or modification proceedings.
AB 3083 (Lackey), Ch. 541 Mandates comprehensive background checks to identify firearm ownership by individuals subject to domestic violence restraining orders.
Impact: By enabling preemptive removal of firearms, this law enhances survivor safety. Attorneys must:
- Inform clients about the expanded scope of background checks.
- Prepare clients for potential inquiries regarding firearm possession during hearings.
SB 899 (Skinner), Ch. 544 Expands penalties for violations of firearm-related protective orders and strengthens oversight mechanisms.
Impact: A zero-tolerance approach to protective order violations provides additional safety for survivors. Practitioners should:
- Emphasize the severe consequences of non-compliance to clients.
- Advocate for strict enforcement in court.
General Restraining Orders
SB 554 (Cortese), Ch. 652 Broadens the scope of restraining orders by:
- Including additional categories of harassment and threats.
- Streamlining procedures for obtaining restraining orders in urgent situations.
Impact: Survivors benefit from enhanced legal remedies and quicker access to protection. Family law practitioners should:
- Stay updated on expanded criteria for restraining orders.
- Utilize these provisions in cases involving harassment or stalking.
Family Conciliation Courts and Evaluator Training
AB 1974 (Petrie-Norris), Ch. 303 Mandates enhanced training for family conciliation court evaluators, with a focus on domestic violence, child abuse, and trauma-informed practices.
Impact: This ensures evaluators are equipped to handle complex family dynamics involving violence or abuse. Attorneys should:
- Advocate for trained evaluators in contentious cases.
- Verify evaluator compliance with training requirements.
Child Support and Special Needs Trusts
AB 2397 (Maienschein), Ch. 25 Authorizes child support payments to be directed into special needs trusts for children with disabilities, preserving eligibility for public benefits.
Impact: Families gain a vital tool for long-term financial planning. Attorneys should:
- Advise clients on setting up special needs trusts.
- Ensure child support orders are structured to accommodate trust funding.
Mortgage Loans and Marriage Dissolution
AB 3100 (Low), Ch. 431 Allows divorcing spouses to assume existing mortgage loans without refinancing, subject to lender approval.
Impact: Reduces financial barriers for retaining the marital home. Attorneys must:
- Assist clients in negotiating mortgage assumption terms with lenders.
- Address potential disputes over equity or loan liability during divorce settlements.
Marriage Equality and Restoration of Names
ACA 5 (Low), Ch. 125 Codifies marriage equality in California’s Constitution, permanently protecting same-sex marriages.
Impact: Ensures enduring protections for LGBTQ+ families. Attorneys should:
- Highlight this constitutional guarantee in cases involving marriage recognition or parental rights.
SB 1150 (Laird), Ch. 780 Simplifies the process for restoring a former or birth name during or after divorce proceedings.
Impact: Clients experience reduced administrative hurdles. Attorneys should:
- Include name restoration requests in dissolution filings to streamline the process.
- Advise clients on post-dissolution name restoration options if not included initially.
SB 1427 (Allen), Ch. 190 Facilitates joint petitions for dissolution of marriage, expediting uncontested divorces.
Impact: Simplifies legal procedures for amicable couples. Attorneys should:
- Determine client eligibility for joint petitions.
- Prepare necessary documentation to expedite the dissolution process.
Conclusion
California’s 2025 legislative updates reflect an evolving commitment to family protection, equality, and efficiency. Family law practitioners must adapt to these changes to provide informed and effective representation. If you have questions about how these new laws may impact your case, contact our office to schedule a consultation.
Channe G. Coles- Family Law Attorney