No. HB 1105
Filed under Criminal Justice.
Interpersonal Violence Injunctions; Revises provisions relating to interpersonal violence injunctions, including, revising required forms, motions, & information all clerk of court offices must provide to assist petitioners, distinguishing between ex parte reviews & final hearings, requiring personal service & authorizing subsequent service by e-mail, revising service requirements, revising notice & service requirements, revising factors court is required to consider & evaluate, revising what clerk must transmit to sheriff or law enforcement agency, revising service requirements, revising circumstances in which clerk must provide; revises name of Domestic & Repeat Violence Injunction Statewide Verification System created within FDLE to Statewide Injunction Verification System; revises injunctions required to be maintained in system.
Plain English Summary
AI-GENERATEDCourts must personally serve respondents through law enforcement before final hearings, replacing previous service methods. This ensures respondents receive direct notice of pending injunctions.
The bill prohibits courts from issuing mutual protection orders, forcing separate proceedings for each party. This prevents simultaneous, conflicting protective orders in the same case.
Stalking, dating, and sexual violence injunctions are added to the statewide verification system. Law enforcement agencies can now access these records during any interaction.
Courts may serve subsequent injunction orders via e-mail, provided the respondent was initially served by a law enforcement officer. This streamlines future court communications.
AICourts must review petitions ex parte and set a final hearing if the petitioner appears to be a victim or in imminent danger.
AIRespondents must be personally served by a law enforcement officer before the final hearing.
AICourts are prohibited from issuing mutual orders of protection, though separate injunctions may be issued if each party complies with the statute.
AIStalking injunctions are now included in the Statewide Injunction Verification System, meaning law enforcement agencies statewide can access stalking injunction status.
AICourts and clerks may now serve injunction orders, modifications, and terminations via e-mail, with service complete upon e-mailing.
AIThe Statewide Injunction Verification System now includes dating violence, sexual violence, and stalking injunctions in addition to domestic and repeat violence.
AIClerks may serve subsequent orders by e-mail if the respondent has been previously served by a law enforcement officer.
AICourts must issue a written order noting legal grounds when denying a petition for an ex parte temporary injunction.