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Legislative Year: 2024 Change

Bill Detail: HB24-1122

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Title Protection Orders for Victims of Crimes
Status House Considered Senate Amendments - Result was to Concur - Repass (03/25/2024)
Bill Subjects
  • Children & Domestic Matters
House Sponsors M. Duran (D)
R. Pugliese (R)
Senate Sponsors F. Winter (D)
D. Roberts (D)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 01/29/2024

The bill clarifies that venue for filing a motion or complaint for a
civil protection order is proper in any county where any one of the acts
that are subject to the motion or complaint occurred.
The bill authorizes a judge or magistrate to continue the temporary
protection order for a period of not more than one year after the date
when the permanent protection order hearing takes place. If the temporary
protection order is continued for one year, the bill requires the petitioner
to file a motion at least 14 days before the scheduled hearing notifying the
court and the respondent of the petitioner's intent to pursue a permanent
protection order on the date of the scheduled hearing.
The bill requires the court to encourage the petitioner to notify the
respondent if the petitioner intends not to appear at the permanent
protection order hearing, but the court shall neither require the petitioner
to attend nor assess attorney fees or costs against the petitioner for
choosing not to attend the hearing.
The bill prohibits service upon the respondent and upon the person
to be protected if the temporary protection order is denied or if the
petitioner moves to vacate the temporary protection order prior to the
court receiving confirmation that the respondent was personally served or
had actual knowledge of the request for a civil protection order.
If the temporary protection order includes an act of domestic
violence, the bill requires the citation to inform the respondent that the
respondent must refrain from possessing or purchasing a firearm or
ammunition for the duration of the order and must relinquish, for the
duration of the order, a firearm or ammunition in the respondent's
immediate possession or control or subject to the respondent's immediate
possession or control.
The bill requires the court to grant additional continuances at the
petitioner's request if the petitioner is unable to serve the respondent and
if the petitioner is able to show the petitioner has made reasonable efforts
to serve the respondent or that the respondent is evading service.
The bill clarifies that a municipal court shall include in the order
a provision awarding temporary care and control of any joint or shared
minor children of the parties involved for a period of not more than one
year after the date on which the temporary care and control is awarded in
the temporary protection order.
If there is no pending or existing domestic relations or juvenile
case in district court involving the petitioner and respondent, the bill
prohibits the petitioner from being required or instructed to file a
complaint for a protection order in district court when the petitioner is
otherwise eligible to file for a civil protection order in county court.
The bill requires temporary protection orders and permanent
protection orders to be written and communicated in simple and plain
The bill requires a judge to order a temporary protection order be
made permanent if the judge finds that the respondent engaged in a
behavior constituting grounds for the issuance of a civil protection order
on the basis of sexual violence and that a risk or threat of physical,
psychological, or emotional harm exists to the petitioner.
The bill prohibits the court from awarding any costs or assessing
any fees, including attorney fees, against a petitioner seeking a civil
protection order. The bill prohibits a state or public agency from assessing
fees for service of process against a petitioner seeking a civil protection
order as a victim of domestic abuse, domestic violence, stalking, or sexual
As part of a request for a temporary or permanent protection order
in a case involving domestic violence, sexual violence, or stalking, the
bill authorizes the court to enter an order directing a wireless telephone
service provider to transfer the financial responsibility for and rights to
a wireless telephone number to the petitioner if the petitioner:
  • Is not the account holder; and
  • Proves by a preponderance of the evidence that the
petitioner and any minor children in the petitioner's care are
the primary users of each wireless telephone number that
the petitioner requested be transferred.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (02/09/2024) (most recent)  
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