Bill Text: DE HB382 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 10 Of The Delaware Code Relating To Family Court Protective Orders.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2014-07-21 - Signed by Governor [HB382 Detail]
Download: Delaware-2013-HB382-Draft.html
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SPONSOR: |
Rep. Barbieri & Sen. Blevins |
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Reps. Hudson, Jaques, Miro, B. Short; Sen. Peterson |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. |
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AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO FAMILY COURT PROTECTIVE ORDERS. |
Section 1.Amend Section 1045(c), Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(c) An
order issued under this part may be extended, for up to 6 months, or
terms of the order modified, upon motion of either party. Hearings on such
motions shall be scheduled within 30 days after proof of service on the
respondent is filed. Such motions may be heard on an emergency basis if filed
in accordance with §1043 of this title. Orders may be extended only after the
Court finds by a preponderance of the evidence that domestic violence has
occurred since the entry of the order, a violation of the order has occurred,
if the respondent consents to the extension of the order or for good cause shown.
SYNOPSIS
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This bill removes the 6-month limitation on the extension of Family Court Protective Orders in circumstances where there has been additional domestic violence since the entry of the original order, a violation of the order has occurred or where the respondent consents or good cause is shown. |
