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Senate Approves Measure Letting Courts Amend or Dismiss Longstanding Protective Orders Under Narrow Conditions
Summary
Senate Bill 183 authorizes courts to amend or dismiss protective orders that have been in effect at least one year when four criteria are met (basis removed; petitioner induced violation; petitioner no longer reasonably fears respondent; respondent has no subsequent violent convictions). The bill includes notice provisions and passed the Senate.
Senate Bill 183, presented by Senator McCoy, lets a court amend or dismiss a protective order in effect for at least one year when four conditions are satisfied: the original basis for the order no longer exists; the petitioner has acted to induce a violation; the petitioner no longer has a reasonable fear of the respondent; and the respondent has not been convicted of a subsequent violent offense.
The sponsor emphasized care in preserving protections for victims of domestic violence while allowing relief in rare situations where a petitioner is attempting to induce a violation or otherwise manipulate the process. Senators asked whether petitioners and respondents would receive notice; sponsor said notice language is included and agreed that notifying both petitioner and respondent was reasonable. The bill provides for sanctions when a party acts in bad faith to harass or intimidate the other party.
Following floor discussion, the Senate read SB 183 for a third time and placed it on the third reading calendar after a recorded vote (26 yea, 1 nay, 2 absent).
