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2019 SESSION

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SB 1540 Protective orders; contents of preliminary orders, docketing of appeal.

Introduced by: Scott A. Surovell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Protective orders; contents of preliminary protective orders; docketing of appeal. Provides that if a preliminary protective order is issued in an ex parte hearing where the petition for the order is supported by sworn testimony and not an affidavit or a form completed by a law-enforcement officer that includes a statement of the grounds for the order, the court issuing the order shall state in the order the basis on which the order was entered, including a summary of the allegations made and the court's findings. The bill also requires that an appeal of a permanent protective order be docketed within two business days of receipt of such appeal. Under current law, such appeals are to be given precedence on the docket of the court over other civil appeals but otherwise docketed and processed in the same manner as other civil cases.

SUMMARY AS INTRODUCED:

Protective orders; contents of preliminary protective orders; docketing of appeal. Provides that if a preliminary protective order is issued in an ex parte hearing where the petition for the order is supported by sworn testimony and not an affidavit or a form completed by a law-enforcement officer that includes a statement of the grounds for the order, the court issuing the order shall state in the order the basis on which the order was entered, including a summary of the allegations made and the court's findings. The bill also requires that an appeal of a permanent protective order be docketed within 48 hours of receipt of such appeal. Under current law, such appeals are to be given precedence on the docket of the court over other civil appeals but otherwise docketed and processed in the same manner as other civil cases. The bill also provides that any affidavit submitted by a non-English-speaking person in support of a preliminary protective order petition shall be translated by a qualified translator no later than the close of business on the next business day following the submission of the affidavit.