One of the most significant changes proposed under H5702 is the requirement for individuals subject to protective orders to surrender any firearms they possess within 24 hours. Furthermore, they are prohibited from acquiring any firearms for the duration of the protective order. This aligns with public safety interests while also addressing the correlation between domestic violence incidents and firearm access. The legislation also empowers courts to retain jurisdiction over matters of custody and child support related to cases of domestic violence.
Summary
House Bill 5702, titled 'An Act Relating to Courts and Civil Procedure - Courts - Domestic Assault', focuses on enhancing protections for individuals suffering from domestic violence. The bill amends existing statutes regarding protective orders, allowing individuals experiencing domestic abuse to seek court orders that provide them with a suite of protections. These protections include restraining the alleged abuser from contacting the victim, vacating the household, and surrendering firearms. The bill thereby aims to strengthen legal frameworks intended to safeguard victims of domestic abuse.
Contention
While the bill aims to provide critical support to victims of domestic violence, it could also face opposition. Some stakeholders may argue that the provisions regarding firearm surrender and restrictions could infringe upon individual rights, particularly for those who may contest the allegations against them. Furthermore, there are concerns regarding the effectiveness of protective orders and enforcement measures, especially in ensuring long-term safety for victims. The balance between protecting victims and preserving individual rights is likely to be a focal point of discussion as the bill progresses through the legislative process.
Provides that effective July 1, 2025, any attorney who self-certifies that they have successfully completed a specialized domestic violence prosecution training course shall have the authority to prosecute any violation of a protective order.
Provides that law enforcement officers who appears before the court for prosecution of a violation of a protective order shall self-certify that the officer has successfully completed a specialized domestic violence prosecution training course.
Provides that law enforcement officers who appears before the court for prosecution of a violation of a protective order shall self-certify that the officer has successfully completed a specialized domestic violence prosecution training course.
Permits the family court to award custody of household pets to the plaintiff in a domestic abuse complaint, including the enforcement remedy of a restraining order or other injunctive relief.
Permits the family court to award custody of household pets to the plaintiff in a domestic abuse complaint, including the enforcement remedy of a restraining order or other injunctive relief.
Exempts out-of-state businesses and their employees performing services, during declared state or federal disasters or emergencies, from state or local business requirements, as well as state or local taxes or fees.
Provides that effective July 1, 2025, any attorney who self-certifies that they have successfully completed a specialized domestic violence prosecution training course shall have the authority to prosecute any violation of a protective order.
Exempts out-of-state businesses and their employees performing services, during declared state or federal disasters or emergencies, from state or local business requirements, as well as state or local taxes or fees.
Provides that law enforcement officers who appears before the court for prosecution of a violation of a protective order shall self-certify that the officer has successfully completed a specialized domestic violence prosecution training course.
Provides that law enforcement officers who appears before the court for prosecution of a violation of a protective order shall self-certify that the officer has successfully completed a specialized domestic violence prosecution training course.
Permits the family court to award custody of household pets to the plaintiff in a domestic abuse complaint, including the enforcement remedy of a restraining order or other injunctive relief.
Permits the family court to award custody of household pets to the plaintiff in a domestic abuse complaint, including the enforcement remedy of a restraining order or other injunctive relief.