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Judges Must Explain Restraining Order Denials |
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San Francisco Chronicle August 6, 2008 Bob Egelko, Chronicle Staff Writer A San Pablo woman's request for a restraining order against her estranged husband, and a Contra Costa County judge's rubber-stamp rejection of it, have led to a new state law requiring judges to explain their reasons for denying protective orders in domestic violence cases. Gov. Arnold Schwarzenegger signed the new law on Monday, tightening the rules for courts considering pleas for orders that would prohibit one person from contacting, harassing or threatening another. It takes effect in January. The law, AB2553 carried by Democratic Assemblyman Jose Solorio of Anaheim, stems from the case of Yuka Nakamura, who sought a restraining order against her husband in August 2006. She said he had beaten her before they separated and told her afterward he was having her followed. Contra Costa County Superior Court Judge Gregory Caskey denied the request within hours, signing his decision with a rubber stamp and providing no explanation. |
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