Vote Smart's Synopsis:

Vote to pass a bill that authorizes individuals 18 or older and emancipated minors to obtain protective orders against a current or former dating partner.

Highlights:

• Authorizes an individual to seek a protective order against a current or former dating partner if the individual has been subjected to or is likely to be subjected to abuse or dating violence, whereas current law only provides protection orders against spouses and cohabitants (Sec. 3).

• Defines “dating partner” as an individual who has been in a dating relationship and who is over 18 or an emancipated minor (Sec. 2).

• Defines “dating relationship” as a social relationship of a romantic or intimate nature, or a relationship that has romance or intimacy as a goal by one or both individuals (Sec. 2). 

• Authorizes a court to grant the following relief in a protection order, but not limited to (Sec. 3):
• Prohibit the dating partner from threatening to commit or committing violence or abuse against the individual;
• Prohibit the dating partner from contacting the individual directly or indirectly;
• Order the dating partner to stay away from the individual's residence, school and place of employment; and
• Prohibit the dating partner from being within a specified distance of the individual.

• Prohibits a court from limiting the use or possession of a firearm by the protected individual’s dating partner unless all of the following requirements are met (Sec. 4):
• The dating partner has been given notice of the request for a protection order and has had a chance to be heard in court;
• The individual establishes a “preponderance” of evidence that the dating partner subjected him or her to abuse or dating violence; and
• The individual establishes “clear and convincing” evidence that the dating partner’s use or possession of a firearm poses a serious threat of harm to the individual or a family or household member.

• Requires a protective order issued under the provisions of this bill to expire 180 days after the day it is ordered (Secs. 4 & 5).

• Classifies a violation of a protective order issued under this bill as a class B misdemeanor (Sec. 6).

• Classifies a knowing falsification of any statement or information provided to obtain a protective order issued under the provisions of this bill as a felony (Sec. 6).

Full Bill Text