Senate Bill No. 623 amends the Protection from Domestic Abuse Act to enhance the service of protective orders. The bill mandates that protective orders, including emergency temporary and ex parte orders, be served upon the defendant within a specified timeframe, specifically within twenty-four hours of issuance. It also requires that service can occur at any time of day if the defendant's location is known, including at county jails if the defendant is in custody. Additionally, the bill allows for the initial attempt at service to be made by contacting other law enforcement officers or private process servers if the sheriff is unable to serve the order.
The bill further stipulates that protective orders have statewide validity and can be transferred to any law enforcement jurisdiction for service. It emphasizes that failure to serve the defendant does not automatically lead to the dismissal of a petition for a protective order unless the victim requests it. The legislation also prohibits mutual protective orders and requires separate petitions if both parties allege domestic abuse. The bill declares an emergency, allowing it to take effect immediately upon passage and approval.
Statutes affected: Introduced: 22-60.4
Floor (Senate): 22-60.4