In June 2022, California state Sen. Susan Rubio introduced a bill that would require training for judges on domestic violence and child abuse. In August, the bill, known as Piqui’s law, was passed by the state State Assembly in a unanimous, bipartisan vote. However, in September, Sen. Rubio rescinded the bill in the face of strong opposition from the Judicial Council of California. Here is more on the domestic violence and child abuse law that may be back in the near future.
Piqui’s Law
California Senate Bill (SB 616), or Piqui’s Law, is named after Aramazd “Piqui” Andressian Jr., a five-year-old boy who was murdered by his father. At the time of his murder, Piqui’s parents were embroiled in a bitter divorce and custody battle. His mother, Ana, turned to the family court to help her protect her son from her ex-husband. She tried to get full custody based on her ex-husband’s abusive conduct. Ana also unsuccessfully requested a restraining order which was denied eight months before Piqui’s murder.
If Piqui’s Law had passed, the state would have received federal funding to help protect domestic violence and child abuse victims by prioritizing child safety in the state’s family court system. However, the law would have also mandated training for the judiciary on these subjects.
Opposition to Piqui’s Law
In late August, the state Senate Judiciary Committee held a hearing and discussed the proposed bill. Critics of the bill said that imposing more training would be duplicative of measures already in place in California’s social service and court systems. Additionally, opponents argued that California judges have some of the busiest dockets in the country, and requiring additional training would be burdensome. Further, the Judicial Council of California wrote that the bill “represents an impermissible interference in the operations of the judicial branch” and that it creates “serious concerns about impartiality and neutrality.”
The Future of Piqui’s Law
Sen. Rubio published the following statement: “I introduced Piqui’s Law because children continue to be murdered at the hands of an abusive parent during custody disputes. Piqui was among those innocent children and one of the reasons behind our national movement to reform the judicial system. Judges and court employees are best positioned to help avoid this loss of life. It is unfortunate that the Judicial Council’s resistance stifled our ability to include stronger protections for victims.” The senator also stated, “Advocates and I agreed that it was too important to get this law right and decided to continue to work on it.” According to a recent report, Rubio will likely reintroduce the bill in 2023 with certain amendments.
Domestic Violence, Child Abuse, and California Divorce
Unfortunately, it’s not uncommon for a California divorce to involve interspousal and child abuse and for courts to be underinformed. However, when evidence of abuse is presented, California family courts will consider incidents and threats of domestic abuse when determining child custody. In addition, depending on the circumstances, a spouse’s abusive conduct may also impact support and property division during divorce. Having an experienced advocate is vital to being able to present the evidence needed to obtain orders that account for this abuse.
Therefore, if domestic violence is an issue in your case, it’s important to seek the advice of counsel. Your California divorce lawyer can help you pursue a domestic violence restraining order and identify other measures to protect you and your children from abuse.
Contact an Experienced California Child Custody Attorney
The attorneys at the Law Offices of Judy L. Burger are experienced California divorce attorneys who can help you during all phases of your divorce or custody matter. Our firm assists clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.