Temporary restraining orders and injunctions

The bill requires the judge to hold the hearing on that motion within 15 working days after the hearing is requested.

The bill prohibits a circuit court in an action affecting the family, such as a divorce action, to enter any order that conflicts with an order entered by a circuit court regarding a temporary restraining order or injunction for domestic abuse, child abuse, adult at risk, or harassment; with a contact prohibition issued in conjunction with a domestic abuse criminal action; or with a condition of probation, parole, extended supervision, or release.

The bill requires the circuit court to inform the petitioner of the agency that the person should contact to verify that the petition for a temporary restraining order or injunction for domestic abuse, child abuse, adult at risk, or harassment has been served on the respondent. Currently the circuit court judge or commissioner is prohibited from dismissing or denying a domestic abuse temporary restraining order or injunction because of the existence of a pending action or any court order that bars contact between the parties. The bill expands that prohibition to include any civil or criminal court order that includes provisions regarding contact between the parties.

The bill requires a petitioner seeking a domestic abuse, child abuse, adult-at-risk, or harassment temporary restraining order or injunction to include in the petition identifying information about any other civil or criminal court proceeding that has a court order that includes provisions regarding contact with the person who is the subject of the petition (respondent).

The bill allows the circuit court to approve a stipulation to convert a domestic abuse petition to a harassment petition only if, on the record, one or both parties request the conversion, the court explains the differences between a harassment and domestic abuse injunction, and the court includes an explanation as to why granting a domestic abuse temporary restraining order or injunction is not appropriate.

The bill provides the same procedure for the service of a petition upon the respondent in an action for a harassment temporary restraining order or injunction as is provided in an action for a domestic abuse temporary restraining order or injunction. The bill also provides parallel language in the statutes regarding the procedure for bringing an action for a harassment temporary restraining order or injunction, providing advice regarding service of the petition on the respondent, limiting the remedies to those petitioned for, and for ordering the sheriff to assist the petitioner in his or her residence as is provided in an action for a domestic abuse temporary restraining order or injunction.

Under the bill, a person under the age of 18, or the parent, stepparent, or legal guardian of the person may petition for a harassment temporary restraining order or injunction and the court may appoint a guardian ad litem for a child who is a petitioner.

The bill requires the clerk of circuit court to provide a person who contacts the circuit court about filing a petition for temporary restraining orders and injunctions for domestic abuse, child abuse, adult at risk, or harassment, with a document prepared by the director of state courts. The bill requires the document to describe the different types of temporary restraining orders and injunctions, who is eligible, the remedies available for each, and the process necessary to obtain one of the temporary restraining orders or injunctions. The director of state courts is required to provide sufficient copies to the courts without charge.

Under the bill, the circuit court is required to review and rule on a petition for a temporary restraining order for domestic abuse, child abuse, adult at risk, or harassment within two business hours after receipt of the petition. If the court is unable to do so, the bill requires the clerk of circuit court to make arrangements for another court to review the petition within the two-hour period. If the court denies the petition, the bill requires the court to file a written record of the denial that includes the name of the petitioner and the reason for the denial, and to provide the petitioner with a copy of that denial.