HB 470

Abstract

Protective orders on behalf of incapacitatedpersons. Allows an employee of a local department of social services (local department) to petition a court on behalf of an incapacitated person for a preliminary protective order in cases of family abuseor non-family abuse. If the court finds by a preponderance of theevidence that the person is an incapacitated person and lacks thecapacity to file such petition for himself, the court shall granta guardian ad litem to represent the interests of the incapacitatedperson and may issue an order granting the preliminary protectiveorder if other conditions required for the issuance of a preliminaryprotective order are met. The bill allows the employee of a local department who filed the petition to testify on behalf of the incapacitated person at any hearing for the preliminary protective order and atthe full hearing on the petition. At the full hearing on the petition,the court may issue a protective order for a specified period oftime, up to a maximum of two years, if the court finds by a preponderanceof the evidence that the employee of a local department who filedthe petition has proven the allegation of abuse or that the incapacitatedperson has been subjected to an act of violence, force, or threat.