Bill > S2237

This bill authorizes the issuance of temporary and permanent restraining orders in situations where domestic violence statutes may not typically apply, allowing individuals to seek protection from specific offenses such as assault, terroristic threats, kidnapping, burglary, harassment, and stalking, even if a conviction for these crimes has not yet occurred. The bill permits a parent or guardian to file a complaint on behalf of a child under 18, or an adult who is developmentally disabled or has a mental disease or defect that renders them incapable of understanding their conduct or providing consent. A temporary restraining order can be granted ex parte if the judge believes the plaintiff is in danger, with a hearing to be held within 10 days to determine if a permanent restraining order should be issued based on a preponderance of the evidence. Permanent restraining orders can prohibit the defendant from entering the plaintiff's residence, school, or workplace, and from making any contact that could cause annoyance or alarm, and these orders will be enforced statewide by law enforcement. Violating a restraining order issued under this act will be a criminal offense, and the bill also repeals a previous law related to stalking.