The failed proposal would let victim counseling center employers seek court orders against violence or threats, if it received the required two-thirds vote and took effect.
An employer that runs a victim counseling center could ask a court to protect the employer or its workers from violence or threats at the center. A court could limit contact or order someone to stay away.
An eligible employer could ask for a temporary order without notifying the other person first. The court must find that protection is needed and that the required facts support the request.
The text bars courts from making people who seek certain protective orders pay the other side’s attorney fees. Cases seeking only a victim counseling center order would have no filing or service fees.
The text covers knowing violations of several kinds of protective orders as a crime. It also directs officers to arrest for specified violations when they have probable cause about conduct within the past 12 hours.
An employer that runs a victim counseling center may ask a court for a protective order. The employer may seek an order against someone it reasonably believes used violence against the employer or a worker at the center, or made a threat that could reasonably be carried out there. After notice and a hearing, a court may issue an order if it finds that violence occurred at the center or a threat could reasonably be carried out there. The order may limit threats or contact, or require someone to stay away. A court may not require the person to surrender a firearm unless one was used in the violence or threat. An order issued after a hearing lasts six months unless the court ends it sooner.
An eligible employer may ask a court for a temporary protective order without first notifying the other person. The employer must be eligible to seek an order over violence against the employer or a worker at its victim counseling center, or a threat that could reasonably be carried out there. The court must find probable cause that violence occurred at the center or a threat could reasonably be carried out there, that protection from further violence is needed, and that the employer has certified its efforts, if any, to give notice. Either side may ask the court to end the order; the court may hold a hearing if requested. The temporary order ends 20 days after it is issued unless the court ends it sooner.
The text bars courts from awarding attorney fees against people seeking certain protective orders and bars filing and service fees in cases seeking only a victim counseling center order. The attorney fee bars cover people seeking orders under the cited vulnerable-adult, stalking or sexual-assault, domestic-violence, and victim counseling center laws. The filing and service fee bars apply only to cases seeking relief under the victim counseling center order provisions.
The text covers knowing violations or attempted violations of several kinds of protective orders as the crime of violating a protective order, and directs officers to arrest for specified violations when they have probable cause. The text covers orders under state domestic-violence, stalking or sexual-assault, vulnerable-adult, and victim counseling center laws. The required mental state depends on the kind of order: some provisions require knowing conduct with reckless disregard that it violates the order, while others require knowing conduct. The arrest direction applies to specified violations and only when the suspected conduct happened within the previous 12 hours. The arrest direction applies to suspected conduct within the previous 12 hours.
No hearings or votes scheduled.