No. SB 1280
Filed under Criminal Justice.
Interpersonal Violence Injunctions; Revising the required forms, motions, and information all clerk of the court offices must provide to assist petitioners; requiring the court, upon the filing of a domestic violence petition, to review the petition ex parte and set a final hearing at the earliest possible time under certain circumstances; revising what the clerk of the court, within a specified timeframe after the court sets the case for a final hearing, is required to transmit to the sheriff or a law enforcement agency for service; prohibiting a court from issuing mutual orders of protection, etc.
Plain English Summary
AI-GENERATEDCourts must review domestic violence and stalking petitions immediately and set final hearings at the earliest possible time if danger appears.
Courts are prohibited from issuing mutual orders of protection, though separate injunctions may be granted if both parties file.
Respondents must be personally served by a law enforcement officer, not a private process server, before the final hearing occurs.
Clerks must provide simplified forms and instructions, and courts must issue written orders noting legal grounds when denying temporary injunctions.
AICourts must immediately review domestic violence petitions and set a final hearing at the earliest possible time if imminent danger is shown.
AICourts are barred from issuing mutual orders of protection, though separate injunctions may be granted if both parties comply with filing requirements.
AIRespondents must be personally served by a law enforcement officer with the petition and notice of the final hearing before the hearing occurs.
AICourts must immediately review stalking petitions and set a final hearing at the earliest possible time if stalking appears to exist.
AIRespondents in stalking cases must be personally served by a law enforcement officer, not a private process server.
AIThe statewide verification system now includes dating, sexual, and stalking violence injunctions in addition to domestic and repeat violence injunctions.
AIClerks must provide simplified forms for injunctions, modifications, enforcement, and service address designations, along with instructions for completion.
AICourts must issue a written order noting legal grounds when denying a petition for an ex parte temporary injunction.