The bill amends the Domestic Abuse Act of 1991 to enhance the definitions and procedures related to domestic abuse and orders of protection. It introduces new definitions for "domestic abuse" and "domestic violence," expanding the scope to include behaviors that unreasonably interfere with personal liberty and mental or emotional well-being, referred to as "course of control" and "disturbing the peace." The bill modifies the requirements for filing a petition for an order of protection, allowing for remote appearances and expedited hearings under certain circumstances, and mandates that the circuit clerk provide informational resources to assist victims. Additionally, it outlines the responsibilities of the sheriff's office in handling order of protection cases and allows for the establishment of a domestic violence intervention program, emphasizing simplified forms and clerical assistance for petitioners.
Moreover, the bill enhances provisions for the care and custody of pets involved in domestic abuse situations, allowing courts to grant exclusive care, possession, or control of pets to either the petitioner or the respondent, as well as to minors residing in the household. It prohibits the respondent from contacting the pet or taking harmful actions towards it and outlines various forms of temporary support for minor children or spouses, including attorney's fees for the prevailing party. The bill establishes new procedures for the sheriff's office regarding the service of protection orders and introduces provisions for expedited hearings in cases of alleged violations. It also emphasizes the importance of domestic violence intervention programs and clarifies that seeking relief under this act does not preclude other civil or criminal actions, ultimately aiming to strengthen protections for victims and ensure accountability for perpetrators.
Statutes affected: HB 1613: 9-15-103(4), 9-15-201, 9-15-203, 9-15-205, 9-15-103, 9-15-223, 9-15-219