SB 464

This bill makes numerous changes in the laws concerning petitions for

temporary restraining orders and injunctions related to domestic abuse, child abuse,

adult at risk, or harassment.

Under current law, if a person wants a judge to review a decision of a circuit

court commissioner, the person submits a motion to the circuit court asking for a

hearing before the judge. The court conducts a de novo hearing in which the judge

hears all of the evidence and arguments and makes a decision without regard to the

commissioner's decision. Under this bill, a party seeking judicial review of a circuit

court commissioner's decision regarding a petition for a domestic abuse, child abuse,

adult-at-risk, or harassment temporary restraining order or injunction must file

the motion with the court within 30 days after the court commissioner's decision.

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