The bill amends the Family Violence Protection Act to clarify the process and criteria for issuing domestic violence orders of protection. It specifies that if a court determines that domestic abuse has occurred, or if the parties agree, the court must issue an order of protection. The bill introduces the definition of "credible threat," which refers to a situation that causes a reasonable person to fear for their physical safety or that of another, and it does not require the use of a firearm. Additionally, the bill mandates that if a credible threat is established, the restrained party must surrender any firearms in their possession and is prohibited from purchasing or possessing firearms while the order is in effect.

Further amendments include provisions for the court to grant sole possession of a residence to the protected party, award temporary custody of children, and require the restrained party to participate in counseling programs. The bill also clarifies that a mutual order of protection can only be issued if both parties have filed petitions and the court finds that both acted as aggressors. Importantly, the bill ensures that an order of protection does not affect property title or allow for the transfer of property without proper legal procedures. Lastly, it allows for review hearings to amend orders of protection without needing to prove a substantial change in circumstances.

Statutes affected:
introduced version: 40-13-5