FINAL BILL REPORT

SB 6005

                              C 411 L 89

BYSenators Pullen and Talmadge

Protecting the victims of domestic violence.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Under current law a victim of domestic violence may obtain a temporary order of protection against any party.  The court may enter an order to exclude a party from a residence or shared dwelling, to restrain a party from committing acts of domestic violence, or to restrain a party from interfering with the custody of minor children.  The temporary order may be for up to 14 days and may be renewed.  After a hearing, the court may enter the order for up to one year.  The statute does not specifically provide for a no contact provision in the temporary order.

It is suggested that the statute be amended to specify the victim's right to obtain a temporary no contact order.  The availability of a no contact provision gives the court broader discretion in preventing contact between parties.

The compromise of misdemeanor statute may be used by a judge to dismiss criminal charges against a person when the injured party appears in court and acknowledges, in writing, that he or she has received satisfaction for the injury.

SUMMARY:

The statutes dealing with domestic violence protection orders are amended.  The court may enter a temporary no contact order against any party.  The court is granted the power to prohibit contact with the victim's children and the victim's household members.

The compromise of misdemeanor statute is amended to prohibit the compromise of domestic violence cases.

VOTES ON FINAL PASSAGE:

     Senate   45    0

     House 94  0 (House amended)

     Senate   47    0 (Senate concurred)

EFFECTIVE:July 23, 1989