Vote Smart's Synopsis:

Vote to pass a bill that establishes that a judge issuing an emergency protection order has the authority to require the firearm

Highlights:

• Authorizes temporary orders to be issued ex parte, without notice to the defendant, upon motion and findings by the court that the defendant has abused the plaintiff or the plaintiff’s children, or both. The plaintiff will submit an affidavit in support of the order (Sec. 1.a).

• Authorizes, upon a finding that there is an immediate danger of further abuse, an order to be granted requiring the defendant (Sec. 1-1):

• To refrain from abusing the plaintiff or his or her children, or both, or from cruelly treating or killing any animal owned, possessed, leased, kept, or held as a pet by either party or by a minor child residing in the household;

• To refrain from interfering with the plaintiff’s liberty or the personal liberty of the plaintiff’s children, or both;

• To refrain from coming within a fixed distance of the plaintiff, the plaintiff’s children, the plaintiff’s residence, or the plaintiff’s place of employment; and

• To refrain from contacting the plaintiff or the plaintiff’s children, or both, in any way, whether directly, indirectly, or through a third party, to make contact with the plaintiff, including in writing or by telephone, e-mail, or other electronic communication; or

• To immediately relinquish, until the expiration of the order, all firearms that are in the defendant’s possession, ownership, or control, and to refrain from acquiring or possessing any firearms while the order is in effect.

• Authorizes, upon a finding that the plaintiff, or his or her the plaintiff’s children, or both, have been forced from the household and will be without shelter unless the defendant is ordered to vacate the premises, the court to order the defendant to vacate immediately the household and may order sole possession of the premises to the plaintiff (Sec. 1-2).

• Authorizes upon a finding that there is immediate danger of physical or emotional harm to minor children, the court to award temporary custody of these minor children to the plaintiff or other persons (Sec. 1-3).

Full Bill Text