SB 871
Modifies provisions relating to domestic violence
LR Number:
Last Action:
4/11/2012 - Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2012

Current Bill Summary

SB 871 - This act modifies provisions relating to domestic violence and makes various changes to the domestic violence chapter as follows:

(1) Provides for the consistent use of the terms "person" rather than "adult" and the use of "domestic violence" rather than "abuse" in the domestic violence chapter as well as in the criminal domestic assault provisions in Section 565.072 to 565.074;

(2) Under this act, notice for both ex parte and full orders of protection shall have priority over other non-emergency actions. Section 455.040.2;

(3) The provisions requiring a court to "dismiss a petitioner" when there are insufficient allegations have been revised to provide that the court shall deny the ex parte order and dismiss the petition. Sections 455.035.1 and 455.513.1;

(4) Service on a custodial parent, guardian or guardian ad litem for a juvenile respondent will require the person to bring the respondent to court. Section 455.035.2;

(5) Court review for a motion to dismiss an order of protection shall take place in camera rather than in open court. 455.060.5.

Also, current law provides for an exception to the requirement for public notice of a name change for instances where the person changing his or her name is a victim of domestic violence. This act extends such exception to prohibit publication on CaseNet or through other any system operated by the judiciary that is designed to provide public case information electronically. Section 527.290.2

These provisions are substantially similar to those contained in HCS/SCS/SB 690 (2012), HCS/HB 1515 (2012), HCS/SS/SCS/HB 755 (2012), and HB 1822 (2012).