The bill amends the Domestic Abuse Act of 1991 by updating the definitions of "domestic abuse" and "disturbing the peace." Specifically, it expands the definition of domestic abuse to include a pattern of behavior characterized as "course of control" or "disturbing the peace." This addition is made to ensure that various forms of abusive behavior are recognized under the law. The definition of "disturbing the peace" is also refined to clarify that it refers to a pattern of behavior that disrupts the mental or emotional calm of a family or household member, without the previous limitation that included "course of control."
Additionally, the bill prohibits the issuance of ex parte orders that enjoin a party from engaging in course of control or disturbing the peace. This change aims to ensure that such orders are not granted without a full hearing, thereby providing a fairer process for all parties involved. The amendments reflect a commitment to addressing domestic abuse comprehensively while safeguarding the rights of individuals who may be affected by protective orders.
Statutes affected: HB 1431: 9-15-103(4), 9-15-219(a), 9-15-219(b)