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What changes occurred as a result of HB 236

| Jul 5, 2021 | Criminal defense |

After a domestic violence accusation, a victim will usually request a restraining order. This protective order from a court will prevent the accused person from coming near or being around the assumed victim.

ValdostaToday.com reported a recent change to the laws concerning protective orders.

House Bill 236

House Bill 236 expands the protections available under a restraining order. It passed in the State House of Representatives and Senate with bipartisan support. The governor then signed it into law.

Changes

The new law modifies existing laws for orders put into effect due to domestic violence incidents. The person requesting the order is now entitled to safety checks from law enforcement. The person may request a check by showing a copy of the protective order with local law enforcement.

A request will last for 60 days. If the person wishes to end it before this deadline, he or she may withdraw the request. Law enforcement may also determine it is not needed and end the service. How often officers conduct the checks is also determined by the law enforcement agency handling the matter.

When officers conduct the checks, they will maintain a presence near the residence and observe the outside of the property.

Having this extra service as part of the protection order helps to strengthen it. It becomes more than just a piece of paper because officers will establish a presence within the person’s life. If something should happen, an officer is likely to catch it and be able to take legal action to enforce the restraining order and keep the assumed victim safe.