The bill amends existing laws related to domestic violence and protective orders, specifically enhancing the measures available for individuals suffering from domestic abuse. Key insertions include provisions that allow victims to file for protective orders that can restrain abusers from contacting them, require abusers to vacate the household, and mandate the surrender of firearms within 24 hours of the order being issued. The bill outlines the process for surrendering firearms, requiring proof of surrender to be submitted to the court within 72 hours, and establishes penalties for violations, including felony charges for transferring firearms back to the abuser while the protective order is in effect. Additionally, the bill clarifies that the district court must provide clear notice regarding firearm surrender and the conditions for returning firearms after the protective order expires.

Furthermore, the bill introduces new provisions that allow courts to lift firearm prohibitions for individuals restrained under domestic violence orders if they can demonstrate they do not pose a danger. It exempts sworn peace officers and active military members from firearm prohibitions while on duty, provided firearms are stored at their workplace when not in use. The bill mandates that violations of protective orders be prosecuted by attorneys who have completed specialized domestic violence training, with updated training required every four years. It also emphasizes that domestic violence charges cannot be dismissed due to concurrent civil proceedings and clarifies that the prosecution of such cases is determined by the prosecutor, not the victim. Overall, the bill aims to strengthen the legal framework surrounding domestic violence and enhance the safety and protection of victims.

Statutes affected:
1152: 8-8.1-3, 12-29-4, 15-15-3