SB 359 Modifies provisions relating to adult abuse orders of protection
Sponsor: Goodman
LR Number: 1683S.01I Fiscal Note:
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 1/25/2007 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page: S158
Title: Calendar Position:
Effective Date: August 28, 2007

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Current Bill Summary

SB 359 - Under current law, a hearing must be held within fifteen days after the filing of an ex parte order of protection. If the petitioner has proven the allegation of abuse or stalking, the court issues a full order of protection for at least 180 days and not more than one year. This act provides that if at the fifteen-day hearing the respondent demonstrates by sufficient facts to the court that the petitioner made false allegations either at the hearing or in the petition, the court shall vacate the ex parte order, make a finding of fraud upon the court and sanction the petitioner an amount deemed just and fair by the court. Within fifteen days, the court shall hold a hearing on the damages, if any, caused to the respondent and may award attorney's fees and costs.