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SB 1192

Domestic violence: Reclaim Act.

2025-2026 Regular Session Introduced by Cecilia Aguiar-Curry and 1 co-sponsor

SB 1192 creates a court-ordered mechanism to curb abusive litigation against domestic violence victims, with prefiling orders, sanctions, and enhanced victim protections.

Read second time and amended. Re-referred to Com. on APPR.
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Bill Summary · SB 1192

Overview

Senate Bill 1192 (SB 1192), known as the Reclaim Act, would create a new framework in California law to protect victims of domestic violence from abusive litigation and abusive discovery tactics by offenders. It adds a new Title 3B to the Code of Civil Procedure and amends the Family Code to streamline protections, expand victim rights, and impose consequences on perpetrators who engage in frivolous or abusive litigation or discovery.

Main purpose and intent

  • Address litigation abuse in domestic violence cases by giving victims a mechanism to curb abusive litigation and discovery by the person who harmed them.
  • Promote safety and access to timely protective remedies by reducing procedural harassment and delays caused by abusive legal tactics.
  • Ensure victims have concrete, enforceable rights in civil, family, and small claims courts.

Key provisions and changes

  • Title 3B: Domestic Violence Abusive Litigants (new)

    • Prefiling motion process: Victims can seek a prefiling order against the alleged perpetrator at any time during ongoing litigation, including after final judgment is entered.
    • Standard for relief: The court must grant a prefiling order if, by a preponderance of the evidence, the perpetrator has filed or is pursuing frivolous or abusive litigation or discovery against the victim.
    • Scope of effect: A prefiling order bars the enjoined party from filing litigation or conducting discovery against the victim without court permission in any civil, family, or small claims case.
    • Court permission to proceed: Enjoined party must obtain court permission to file new lawsuits or to conduct discovery against the victim; the court may condition or deny such filings if found abusive or frivolous.
    • Sanctions and costs: Violations of a prefiling order can trigger sanctions, attorney’s fees, damages, and other costs, with the court assessing the enjoined party’s ability to pay.
    • Rights of victims: Explicit enumerated rights for domestic violence victims in civil, family, and small claims courts (fair treatment, privacy, safety, protection from disclosure of confidential information, consideration of safety in decisions, and information about rights/remedies).
    • Fees and remote participation: Victims’ filings related to seeking a prefiling order are fee-free; electronic filing is free; remote appearances are allowed without charge; support persons may accompany victims.

  • Family Code amendments (Section 6309)

    • Reaffirms recognition of domestic violence violence as a public safety and health issue and the risk to survivors, particularly when leaving an abusive relationship.
    • Limits on discovery: Discovery in domestic violence proceedings is restricted and subject to good cause and specific safeguards, with courts balancing information needs against potential trauma.
    • Discovery process controls: If discovery is permitted, the court must limit it to the least intrusive measures and set reasonable response times; the court can continue hearings to permit discovery and may modify protective orders accordingly.
    • Emphasis on expedited protection: The changes aim to streamline the process around domestic violence restraining orders by controlling abusive litigation tactics and enabling rapid access to protections.

  • Administrative and governance requirements

    • Clerks must provide copies of prefiling orders to the Judicial Council.
    • Judicial Council must maintain records of prefiling orders and publish lists to clerks statewide.
    • Court forms and rules must be updated to implement the act.

Who would be affected

  • Victims of domestic violence (and their attorneys, supporters, and witnesses) who seek protection from abusive litigation.
  • Perpetrators or alleged abusers who file or pursue abusive litigation or discovery against a domestic violence victim.
  • Courts (in civil, family, and small claims matters) that would issue prefiling orders and enforce sanctions.
  • Clerks of the court and the Judicial Council, which would track and administer prefiling orders and related forms/processes.

Procedural and timeline aspects

  • Effective upon enactment, with the act directing multiple steps:
    • Issuance of prefiling orders after notice and a hearing, pending final judgment, with standards established by a preponderance of the evidence.
    • Automatic stay of litigation or discovery against the victim during the pendency of a prefiling motion.
    • Post-issuance process for enforcement, including potential ex parte considerations, noticed hearings, and written findings.
    • Ongoing reporting and form updates by the Judicial Council; monthly dissemination of enjoined parties to local clerks.
  • The act also clarifies severability, ensuring that invalid provisions do not invalidate the remainder.

Potential impact

  • Strengthens protections for domestic violence victims by providing a concrete, court-supervised mechanism to curb abusive litigation and discovery.
  • Creates financial accountability for offenders who engage in frivolous litigation, including potential sanctions and fee shifts.
  • Could reduce time, cost, and emotional burden for victims navigating court proceedings, enabling faster access to protective measures.
  • Requires administrative readiness from courts and the Judicial Council to implement new procedures, forms, and record-keeping.

Compiled from official sources — confirm details with the bill’s official record.

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