The bill amends the Family Violence Protection Act by redefining "domestic abuse" to simply "abuse," thereby broadening its definition to include a wider array of harmful behaviors such as stalking, sexual assault, physical harm, emotional distress, and threats against individuals and animals. It also allows courts to include provisions for the possession and protection of a party's animal in orders of protection, ensuring that pets are considered in domestic violence situations. The legislation emphasizes the importance of law enforcement training in handling abuse incidents and outlines the procedures for obtaining orders of protection, including emergency orders.
Additionally, the bill makes several conforming amendments, notably removing the term "domestic" from various sections to reflect the updated terminology and broaden the scope of abuse. It stipulates that an order of protection cannot be issued without a petition or counter petition, must be filed with the court clerk, and served to the restrained party at no cost to the protected party. Local law enforcement agencies are required to enter these orders into the national crime information center's database within seventy-two hours, and peace officers are authorized to arrest individuals suspected of violating an order of protection. The bill also mandates that medical personnel document instances of abuse and provide referrals to victims while ensuring confidentiality in communications regarding abuse. Overall, these amendments aim to enhance victim protection and streamline the processes related to orders of protection and law enforcement responses.
Statutes affected: introduced version: 40-13-1.1, 40-13-2, 30-3-11, 40-13-3.1, 40-13-3.2, 40-13-4, 40-13-5, 40-13-6, 40-13-7, 40-13-7.1