Relating to the duration of a protective order against family violence.
The legislative changes proposed by SB789 are significant as they provide courts with greater discretion to impose longer protective orders. Previously, protective orders were generally limited to a maximum of two years unless certain conditions applied. By clarifying the circumstances under which longer durations can be imposed, this bill aims to better safeguard victims from perpetrators who pose ongoing threats. The changes are expected to impact how cases of family violence are handled within the judicial system, allowing for a more tailored approach to the risks assessed by the courts.
SB789 introduces amendments to the Family Code concerning the duration of protective orders issued in cases of family violence. The bill allows the court to issue protective orders that exceed two years when specific conditions are met, namely if the subject of the order has caused serious bodily injury or has a history of multiple protective orders against them. This change is aimed at enhancing the protection provided to victims of family violence by allowing for longer-term protective measures when deemed necessary by the court.
The bill has raised some points of contention among advocacy groups and lawmakers. Supporters argue that longer protective orders are essential for protecting victims from repeat offenders and providing them with the necessary time to ensure their safety. Meanwhile, some critics express concerns that extending the duration of protective orders might lead to challenges in enforcement and potential conflicts in the due process rights of the individuals against whom the orders are issued. They fear that longer durations could complicate judicial assessments and the periodic review of existing orders.
If enacted, the provisions of SB789 would take effect on September 1, 2011, and would apply only to applications for protective orders filed after this date. Previous applications would remain governed by the laws in effect prior to the amendment. Legal practitioners, victims’ advocates, and legislative constituents are likely to follow closely how the implementation of the bill evolves and its implications for the safety and legal recourse available to individuals facing family violence.