This bill introduces significant changes to the handling of domestic violence restraining orders by mandating that courts consider the results of a domestic violence assessment before dissolving certain final restraining orders. Specifically, if a defendant has two or more restraining orders against them, the court must evaluate factors such as the victim's consent, their fear of the defendant, and the defendant's history of violence or substance abuse. The bill also stipulates that the defendant is responsible for the costs of the assessment, which will be conducted by qualified mental health professionals and treated as confidential. Additionally, it replaces the previous requirement for a psychiatric evaluation with this domestic violence assessment to better evaluate the likelihood of future violent behavior.
Moreover, the bill clarifies the court's authority to order a domestic violence assessment in restraining order complaints and allows for the inclusion of a plaintiff's child in a restraining order upon the child's birth if the plaintiff is pregnant. It also removes the requirement that the same judge who issued a final order must be the one to dissolve or modify it, thereby streamlining the process. Overall, the legislation aims to enhance victim safety and ensure that thorough assessments are conducted before any changes to restraining orders are made.