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1996 SESSION

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HB 155 Family abuse; protective orders.

Introduced by: Linda T. Puller | all patrons    ...    notes | add to my profiles

SUMMARY:

Protective orders. Modifies and clarifies provisions governing the issues of all forms of protective orders in family and household member abuse cases. The definition of "family or household member" is expanded to include all of the specified family members (e.g., parents, children, siblings or grandparents), whether or not they reside in the same home. All current references in the Code to spouse abuse are changed to family abuse, which includes assault and/or battery on family or household members. Venue in the juvenile and family courts is also expanded to provide that where a protective order has been issued, the court which issued the order would be a permissible venue for future proceedings involving the child.

The purposes and terms of the various forms of protective orders are standardized and, in some instances, expanded. Preliminary protective orders issued in cases in which a child's life, health or development is in danger may now include restrictions on the offender's conduct and contact with family or household members of the child. Provisions governing notice and the hearing on these orders are clarified.

Preliminary protective orders in cases of family abuse may be issued to protect family members of the petitioner. Under current law, the petitioner himself or herself must be in danger. Where the evidence establishes probable cause that family abuse has occurred or when a warrant is issued, good cause for issuance of the petition shall be found. Currently, good cause can be shown only by an immediate, present danger of abuse.

A preliminary order in cases of family abuse, an emergency order and a final order may grant use or possession of a motor vehicle of the parties to the petitioner.

Under current law an emergency order (verbal or written) may be issued only upon request of a police officer and is valid only until 5 p.m. on the next business day. The bill allows an allegedly abused person to petition for an emergency order and extends the term of the order to 72 hours, if that is longer than the 5 p.m. deadline. The maximum duration of a final order of protection is increased from one year to two years.

Copies of an emergency or preliminary order and information regarding service are to be given to the allegedly abused person.

A term of confinement in a local jail is required to be imposed upon conviction of a violation of any term of a protective order which prohibits trespass, abuse or contacts.

The bill also clarifies that in a divorce case, where a pendente lite decree places restrictions upon associations, residence or contacts between the parties because of a reasonable apprehension of physical harm, the order is be filed with the State Police and entered into the VCIN system and that such an order then precludes the subject of the order from purchasing or transporting a firearm.


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