SB 490

Under current law, an individual who is, or who acts on behalf of, a victim of

abuse, harassment, or threats (petitioner) may obtain from a court a temporary

restraining order against the person who has committed the acts of abuse,

harassment, or making a threat (respondent). The restraining order bars the

respondent from contacting the petitioner and requires the respondent to stay away

from the petitioner's residence and other places temporarily occupied by the

petitioner until a court conducts a hearing to determine whether the restraining

order should be incorporated into a longer lasting injunction.

If the court determines that the respondent has engaged in, or may engage in,

acts of abuse, harassment, or threats against the petitioner, the court may issue an

injunction. An injunction may stay in effect for up to four years and bars the

respondent from contacting the petitioner, requires the person to stay away from the

petitioner's residence, and may require the respondent to stay away from other

locations temporarily occupied by the petitioner.

Currently, if a court issues a restraining order or injunction or enters another

order relating to a restraining order or injunction, the court can order, upon the

petitioner's request, a sheriff to assist the petitioner in serving the respondent or in

attaining physical possession of the petitioner's residence.

Under this bill, if a court issues a restraining order or injunction or enters

another order relating to a restraining order or injunction, the clerk of court is

required to forward a copy of the order or injunction to the sheriff and the sheriff is

required to assist the petitioner in serving the respondent, unless the petitioner opts

to hire a private server at his or her own expense. Under the bill, a sheriff may supply

a form that is given to the petitioner by the clerk of court in order to gather

information about the respondent that may be useful in effecting service. The bill

requires the clerk of court to maintain the form in a confidential manner, and allows

the clerk of court to transmit documents to the sheriff electronically, so long as the

contents of the documents are protected from unauthorized disclosure. The bill

requires a sheriff who serves or executes a document and who uses an automated

victim notification system to give the petitioner timely notification of the service.