SB 222 Modifies provisions relating to domestic violence
Sponsor: Lamping
LR Number: 0921H.03C Fiscal Note available
Committee: Seniors, Families and Pensions
Last Action: 5/17/2013 - S Calendar S Bills with H Amendments--SB 222-Lamping, with HCS, as amended Journal Page:
Title: HCS SB 222 Calendar Position:
Effective Date: August 28, 2013
House Handler: Kelly

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Current Bill Summary


HCS/SB 222 - 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;

(2) Provides for the consistent use of "stalking" to ensure that the provisions of the chapter apply to instances of both domestic abuse and stalking that do not involve a family or household member;

(3) At the ex parte hearing, if the petitioner has proved the allegation of domestic violence by a preponderance of the evidence and the respondent cannot show that his or her actions alleged to constitute abuse were otherwise justified under the law, the court shall issue a full order of protection; (Section 455.040.1);

(3) 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);

(4) 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);

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

(6) Court review for a motion to dismiss an order of protection shall take place to determine whether the dismissal is voluntary. (Section 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)

This act is substantially similar to HB 281 (2013).

ADRIANE CROUSE