SB1192 - Domestic violence: Reclaim Act.

Enrolled August 24, 2026 Passed IN Senate August 20, 2026 Passed IN Assembly August 19, 2026 Amended IN Assembly June 25, 2026 Amended IN Assembly June 17, 2026 Amended IN Senate April 23, 2026 Amended IN Senate April 06, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1192 Introduced by Senator Rubio (Coauthor: Senator Richardson) (Coauthor: Assembly Member Aguiar-Curry) February 19, 2026 An act to add Title 3B (commencing with Section 391.90) to Part 2 of the Code of Civil Procedure, and to amend Section 6309 of the Family Code, relating to domestic violence. LEGISLATIVE COUNSEL'S DIGEST SB 1192, Rubio. Domestic violence: Reclaim Act. Existing law permits a court, on its own motion or the motion of any party, to enter a prefiling order prohibiting a vexatious litigant from filing any new litigation in propria persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed. Existing law permits a presiding judge or a presiding justice to allow a vexatious litigant’s filing only under specified circumstances and permits the presiding judge to condition the filing upon the furnishing of security. Existing law defines a vexatious litigant for these purposes to include, among other things, a person who, after being restrained by a domestic violence restraining order, and while that order is still in place, commenced, prosecuted, or maintained one or more litigations against a person protected by the restraining order. Existing law authorizes a person protected by a restraining order issued after a hearing pursuant to the above-described provisions to file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if, while the restraining order is still in place, they commence, prosecute, or maintain litigation against the person protected by the restraining order in an action that is determined to be meritless and caused the person protected by the order to be harassed or intimidated. Existing law authorizes a court to issue, after notice and a hearing, orders enjoining a party from engaging in specified behavior, including contacting, attacking, or threatening another party. This bill would, in any litigation pending in any court of this state, create a process for a victim of domestic violence, as defined, that is a party to the action to seek protection from abusive litigation by a person who abused them by requesting a prefiling order at any time until final judgment is entered in the litigation. The bill would require a court to grant a request for a prefiling order if the victim demonstrates, after notice and a hearing and by a preponderance of the evidence, that the party against whom the order is sought is a perpetrator, as defined, and that the litigation filed or the discovery requested by the perpetrator was frivolous or abusive. The bill would require a person subject to a prefiling order to obtain permission from the court to file any litigation or conduct discovery against the victim, as specified. The bill would also establish a process by which a party subject to a prefiling order may apply to have the order vacated. If a party subject to a prefiling order violates that order, the bill would make them subject to sanctions, attorney’s fees, and costs, as specified. The bill would enumerate a number of rights of victims of domestic violence that may be enforced, but which do not create a cause of action against the state or local government entities. This bill would provide that the victim would not be charged filing fees for any filings related to seeking a prefiling order and that any party may file documents electronically without charge and that any party, attorney, support person, or witness may appear remotely in these hearings without charge. This bill would require the clerk of the court to provide the Judicial Council with a copy of any prefiling orders issued. The bill would require the Judicial Council to maintain records of all prefiling orders issued and, on or before January 1, 2028, to create and modify court forms to implement the bill, as specified. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Title 3B (commencing with Section 391.90) is added to Part 2 of the Code of Civil Procedure, to read: TITLE 3B. Domestic Violence Abusive Litigants 391.90. (a) This title may be cited as the Reclaim Act. (b) The Legislature finds and declares all of the following: (1) Domestic violence is an urgent public safety and public health crisis. In California, more than one in three women and one in seven men experience intimate partner physical violence, intimate partner sexual violence, or intimate partner stalking in their lifetimes. Sexual and gender minorities, including queer, gender nonbinary, intersex, and transgender persons, experience domestic violence at rates as high or higher than cisgender and heterosexual persons. Domestic violence accounts for more than 15 percent of all violent crimes in California and more than 10 percent of all California homicides. (2) Domestic violence survivors often face ongoing abuse in the form of litigation abuse. Litigation abuse is the use of legal or bureaucratic procedures by abusive partners to continue to attack, harass, intimidate, coercively control, or maintain contact with their former partners through the litigation system by exerting power over them, forcing them to have contact, financially burdening them with excessive discovery and litigation, emotionally or financially harming them with unnecessary, irrelevant, or intrusive discovery, degrading and insulting them in legal papers, unduly delaying the court process and final resolution of important issues, or dissuading them from pursuing legal protection. Studies show that litigation abuse causes severe consequences for survivors, including economic hardship and psychological harm, and foregoing legal relief in part or in whole. Research also shows that judicial officers and court evaluators often misunderstand or overlook litigation abuse and its effects on survivors. (3) Victims of domestic violence have the following basic rights in every civil, family, and small claims court: (A) To be treated with fairness and respect for their privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the court process. (B) To be safe, secure, free from abuse, and reasonably protected. (C) To prevent the disclosure of confidential information or records, which could be used to locate or harass the victim or the victim’s family, or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law. (4) (A) A victim, the attorney of a victim, or a lawful representative of the victim may enforce the rights enumerated in paragraph (1) in any trial or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request. (B) This section does not create any cause of action for compensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any of its political subdivisions, or any officer or employee of the court. (c) It is the intent of the Legislature to accomplish all of the following: (1) Promote the health and safety of domestic violence survivors and their children. (2) Prevent abusive litigation tactics that interfere with the Legislature’s intent to protect domestic violence victims. (3) Empower domestic violence survivors and allow them to reclaim and maintain their freedom from their abusers who engage in domestic abuse. 391.91. As used in this title, the following terms have the following meanings: (a) “Abusive discovery” means the use of discovery processes by a perpetrator of domestic violence to attack, harass, intimidate, coercively control, or maintain contact with the victim of their domestic violence by exerting power over them, forcing them to have contact, financially burdening them with excessive discovery, degrading and insulting them in legal papers, unduly delaying the court process and final resolution of important issues, or dissuading them from pursuing legal protection. (b) “Abusive litigation” means any litigation as described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 6309 of the Family Code. (c) “Domestic violence” has the same meaning as defined in the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200) of the Family Code). (d) “Enjoined party” means the person who has committed domestic violence against the victim of domestic violence and who is subject to a prefiling order issued under this title. (e) “Frivolous” means frivolous as defined in paragraph (2) of subdivision (b) of Section 128.5. (f) “Perpetrator” means the person who committed domestic violence against the victim of domestic violence. (g) “Prefiling order” means an order issued pursuant to Section 391.94. (h) “Victim of domestic violence” means any of the following: (1) A person who has been found by any court to be a victim of conduct that is domestic violence. (2) A person who has been found by any court to be a victim of a crime that includes conduct that is domestic violence. (3) A person who is or has been protected by a civil or criminal restraining or protective order issued after a noticed hearing, pursuant to Division 10 (commencing with Section 6200) of the Family Code. (4) A person who is or has been protected by a civil or criminal restraining or protective order issued after a noticed hearing, where the conduct involves domestic violence, pursuant to any of the following: (i) Section 527.6. (ii) Section 527.8. (iii) Section 527.85. (iv) Section 213.5 of the Welfare and Institutions Code. (v) Section 15657.03 of the Welfare and Institutions Code. (vi) Section 136.2 of the Penal Code. (vii) Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code. 391.93. (a) The victim of domestic violence shall be not charged a filing or other fee for any document filed under this title. (b) The court shall permit any filings under this title to be filed electronically, without charge. (c) Any party, attorney, support person, or witness may appear remotely at any hearing under this title, without charge. (d) Any party may have a support person pursuant to the terms of Section 6303 of the Family Code. 391.94. Notwithstanding any other law: (a) (1) In any litigation pending in any court of this state, until a final judgment is entered, a victim of domestic violence that is a party to the action may file a motion for a prefiling order under this title against another party in the action. (2) The litigation and any pending discovery requests shall be stayed during the pendency of the motion. (b) After a noticed hearing, the court shall grant a motion filed pursuant to subdivision (a) if the court finds, by a preponderance of evidence, both of the following: (1) That the party against whom the order is sought is a perpetrator. (2) That the perpetrator has filed frivolous or abusive litigation against the victim of domestic violence or is conducting frivolous or abusive discovery against the victim of domestic violence. (c) A prefiling order granted under this title shall prohibit the enjoined party from filing litigation or conducting discovery against the victim of domestic violence in any civil, family, or small claims case, until and unless the enjoined party receives permission from the court. (d) (1) An enjoined party seeking to file litigation or conduct discovery against the victim of domestic violence in a civil, family, or small claims case shall do one of the following, as applicable: (A) If the enjoined party seeks to file a new case, the enjoined party shall obtain permission from the presiding judge or a judge designated by the presiding judge to act on their behalf of the court where the litigation is proposed to be filed. (B) If the enjoined party seeks to assert a new claim in a pending matter or conduct discovery, the enjoined party shall file a noticed motion seeking permission from the court presiding over the pending matter. (2) A court that receives a request under paragraph (1) may permit an enjoined party to file litigation or conduct discovery against the victim of domestic violence only if the court finds, by a preponderance of the evidence, that the litigation or discovery is not abusive, not frivolous, has merit, and has not been filed for the purpose of harassment or delay. (3) A decision to grant a request under paragraph (1) shall be without prejudice to a future argument or finding that a litigation or discovery request does not satisfy the requirements of paragraph (2). (e) Upon granting an order under subdivision (b), the court shall do both of the following: (1) If the pending litigation was filed by the enjoined party, determine whether, by a preponderance of the evidence, the pending litigation is not abusive, is not frivolous, has merit, and has not been filed for the purpose of harassment or delay. If the court finds that the litigation does not meet all of these criteria, the court shall dismiss the litigation. The dismissal of the pending litigation shall be without prejudice unless the court finds that a dismissal with prejudice is warranted. Any subsequent filings by the enjoined party shall be subject to subparagraph (A) of paragraph (1) of subdivision (d). (2) If there are pending discovery requests from the enjoined party against the victim of domestic violence, determine whether all pending requests, by a preponderance of the evidence, are not abusive, are not frivolous, have merit, and have not been propounded for the purpose of harassment or delay. If the court finds that the pending discovery requests from the enjoined party do not meet those criteria, the court shall order the enjoined party to withdraw those pending discovery requests. (f) An enjoined party subject to a prefiling order under subdivision (b) may file an application to have the prefiling order vacated and their name removed from the Judicial Council’s list of enjoined parties subject to prefiling orders. The application shall be filed in the court that entered the prefiling order, either in the action in which the prefiling order was entered or in conjunction with a request to the presiding justice or presiding judge to file new litigation under subdivision (d). The application shall be made before the justice or judge who entered the order, if that justice or judge is available. If that justice or judge is not available, the application shall be made before the presiding justice or presiding judge or their designee. (g) An enjoined party whose application unde [Text truncated for display. Full text available on Congress.gov.]