This bill amends the Domestic Abuse Act of 1991 by updating the definitions of "domestic abuse" and "disturbing the peace." It expands the definition of domestic abuse to include a pattern of behavior characterized as "course of control" or "disturbing the peace," in addition to physical harm and sexual conduct between family or household members. The definition of "disturbing the peace" is also refined to emphasize that it involves a pattern of behavior that disrupts the mental or emotional calm of a family or household member.
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 means that such orders cannot be granted without a hearing where both parties have the opportunity to present their case. The amendments aim to provide clearer definitions and ensure due process in the issuance of protective orders under the Domestic Abuse Act.
Statutes affected: HB 1431: 9-15-103(4), 9-15-219(a), 9-15-219(b)