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SPONSOR: |
Park |
DATE TYPED: |
|
HB |
838 |
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SHORT TITLE: |
Protection Orders On Behalf Of Children |
SB |
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ANALYST: |
Fox-Young |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
.1 Minimal |
Recurring |
|
|
|
|
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
Administrative
Office of the Courts (AOC)
Administrative
Office of the District Attorneys (AODA)
Attorney
General (AG)
Department
of Public Safety (DPS)
SUMMARY
Synopsis
of Bill
House Bill 838 amends
40-13-3 of the Family Violence Protection Act, providing that the parent of a
child who is a victim of domestic abuse may petition the court for an order of
protection, upon a finding by the court that such action is in the best
interest of the child.
The bill also amends
36-2-27, which prohibits the unauthorized practice of law, to allow a parent to
file for an order of protection on behalf of a child. The bill limits such petitions to those filed
pursuant to the Family Violence Protection Act.
Significant
Issues
The Administrative Office of the District Attorneys (AODA) reports that currently, a number of parents petition for orders of protection for themselves in order to protect their children. The bill would allow parents to obtain orders of protection for children who are victims of domestic abuse.
FISCAL IMPLICATIONS
Courts will likely experience a small increase in workload as a result of an increase in filings.
To the extent that additional filings prompt an increase in litigation, courts, PDD and district attorneys may experience an increase in caseload and a need for additional resources.
TECHNICAL ISSUES
AG notes that Section 40-13-5, which establishes
what action the court can take if it finds that domestic abuse has occurred,
should be made consistent with Section 40-13-3, as amended. 40-13-5(A)(7)
provides that the court may order injunctive relief the court deems necessary
"for the protection of the petitioner;" however, the purpose of a
petition filed by a parent on behalf of an abused child is to protect the
child, not the petitioner. AG suggests
the subsection be amended to allow the court to order injunctive relief
necessary for "the protection of the petitioner or the victim."
JCF/yr