HB 5239

Abstract

Amends the Protective Orders Article of the Code of Criminal Procedure of 1963. Provides that any proceeding to obtain, modify, re-open, or appeal a protective order and service of pleadings and notices shall be governed by the rules of civil procedure. Provides that the standard of proof for a protective order proceeding is proof by a preponderance of the evidence. Provides that the Code of Civil Procedure and Supreme Court and local court rules applicable to civil proceedings shall apply, except as otherwise provided by law. Provides that civil law on venue, discovery, and penalties for untrue statements shall not apply to protective orders proceedings. Provides that criminal law on discovery, venue, and on penalties for untrue statements apply to protective order proceedings. Provides that a respondent may challenge the issuance of a protective order within 30 days or if the protective order was commenced in conjunction with a delinquency petition or a criminal prosecution then within 30 days after a plea of guilty or a finding of guilty is entered. Provides that the respondent shall provide notice to the petitioner and the court. Provides that by agreement of the parties, a protective order issued may be dismissed.