Domestic Violence Prevention Act: forced marriage.

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. 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 court proceedings. 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. 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.