Changes in California Domestic Violence Laws

As of September 14th, a new law in California allows victims of domestic violence to require landlords to change their locks within 24 hours of receiving a written request and a copy of a restraining order or a police report that is no more than 180 days old.

Ironically, or I should say obviously, the California legislature has recognized that victims of domestic violence, sexual assault or stalking may be at risk from someone who has a key to their home. This was first introduced more than five years ago, and it has taken this long to get the law passed.

If the landlord does not change the locks within 24 hours, the victim can change the locks herself. She must give her landlord a copy of the new key. One wonders what happens if the landlord is the abuser, as is sometimes the case.

If the lease has a provision prohibiting the change of locks, the victim can change the locks anyway if the lease was signed after January 1, 2011. I have to cock my head and wonder why the provision about changing of the locks is in the lease in the first place? I can’t think of a good reason for this to be there.

If the victim lives with the abuser, she can have the locks changed if the restraining order states that the abuser must move out of the home. The abuser is still jointly responsible for the rent. And again, will she get kicked out because he does not pay his portion, creating even more problems for the woman? Who is responsible for making sure he pays his rent? It can’t be her, for obvious reason. Yet, it turns out, legally it is her.

California Civil Code Sections 1941.5 and 1941.6, bring us closer to the safety of women in the state of California, but still carry with them some major barriers. Not being able to feel safe in one’s own home is perhaps the greatest form of violence that can be done to anyone, let alone a victim of previous violence. Why did it take so long to get the small concessions that are here, and why are they not more well thought out?

photo credit: fatniu

Disclaimer: The views expressed above are solely those of the author and may not reflect those of
Care2, Inc., its employees or advertisers.

TJ W.

2:03PM PST on Feb 13, 2012

"I have to cock my head and wonder why the provision about changing of the locks is in the lease in the first place? I can’t think of a good reason for this to be there."

I am not a landlord but my parents were, and I spent a good portion of my childhood cleaning up after people who trashed the house they rented. It is important for a landlord to be able to give adequate notice and be able to enter their property if they have good reason to believe the house is being used for illegal animal breeding or anything else that might destroy the house.
My least favorite memory is of cleaning up after a young woman who was severely mentally ill. She had a habit of buying potatoes. She'd put them away in the closets, shower, cupboards, under the bed...anywhere I'd look, there would be a sack of rotting potatoes. The place smelled like death and was overrun with cockroaches and mice. We had to gut the entire house to make it livable again.
Then there was the time they rented to another mentally ill person who needed more help than she was getting...I remember scraping the nasty coagulated blood from the wood floors after one of her many suicide attempts.
Then there are those people who ride in circles on the brand new living room carpet with their motorcycles and deal white dope to the neighbor kids....
Yes, anyone living in fear should be able to change the locks but it's important to give a new key to the landlord.
Better yet, wouldn't it be nice if people just respect

send a green star

Sarah M.

10:38AM PST on Nov 8, 2011

This took way too long to happen and it still isn't enough.

Fred H.

11:52AM PDT on Oct 13, 2011

Roger N, I appreciate that you seem to acknowledge that women assault their partners at least as often as men, but you are still clinging to some false ideas in order to rationalize a system that denies full protection to half of all victims (as well as the children who witness this violence).

Yes, men stereotypically are better able to defend themselves, but you have to consider that when they do, they are the ones who are more likely to be arrested. You also have to consider that women are more likely to use weapons or surprise (attacking a man while he’s sleeping, for example). The man who was recently drugged, tied up, and awoke to watch his penis being cut off and thrown down the garbage disposer had no opportunity to defend himself, yet Sharon Osbourne articulated a very common media response when she called it “quite fabulous.”

Lidia F.

11:15AM PDT on Oct 11, 2011

On another note,each of you preach against violence towards women,yet none of you have an issue in regards to Marie's violent acts towards 'ME'.Right now I am being threatened by the neighbor for a fight,which will land 'ME' in jail,but does everybody care?,NO.Because the globe believes marie's 'way' is the 'right moral way',but it is 'NOT'.So,let us put on our real masks,and start making it illegal against 'HER' as well..Cough,cough...

11:12AM PDT on Oct 11, 2011

Jim,where did you derive sex from a topic of 'abuse'?.There is no correlation between the two.Let us not try to 'GET HER',by making up stories that have nothing to do with the subject at hand.

Silas G.

10:32AM PDT on Oct 11, 2011

I'm surprised this was not already on the books for ages.

Danuta W.

3:21AM PDT on Oct 11, 2011

Thanks for the article.

Lilithe M.

1:37AM PDT on Oct 11, 2011

At least we're not in Kansas anymore, Toto! But isn't that all a sad state of affairs.

Jim G.

1:23AM PDT on Oct 11, 2011

Sadly, our nurture, and nature, reflect our connection to our caveman ancestry. The concept of love is severely lacking in our modern culture. Some people have never experienced love. It is a common misconception to associate love with sex. Being a compassionate male, I am commonly misunderstood by typical women. They seem to confuse compassion, caring, and kindness with being weak. It seems to be instinctive for them. I have observed that most women consciously choose the "typical strong male", who seem to have the characteristics of jealosy, manipulation, and control. Women seem to misinterpret these characteristics as being a good provider, and protector. Obviously I am generalizing, and things are slowly changing, because women are becoming more aware of the characteristics of abusers. But many men can be pretty devious, and get women to fall in love with them before they reveal their true nature. The best way to get men to change is by showing them that women will, under no circumstances tolerate abuse. Then, after many generations of choosing decent men, the abusive gene will disappear from the gene pool through selection. This is how evolution works, by genetic selection.

Gloria H.

10:07PM PDT on Oct 10, 2011

Restraining order doesn't help a dead woman. Some of these nut jobs kill the woman and then kill themselves. A sane person with some property to lose may respect a restraining order, but it's like having a smoking and non-smokings section in a restaurant...smoke travels, and can't read.
Better than nothing. Here is where I step aside the hand gun control. A piece of paper can't stop a crazy, but a bullet in (let's say-leg) may slow him/her down.