HB 36 became Heather’s Law and may help victims in domestic abuse situations so that law enforcement is alerted more quickly.
In present law provides that upon the issuance of a temporary restraining order or protective order in domestic abuse cases, the judge shall cause to have prepared a Uniform Abuse Prevention Order, shall sign such order, and shall immediately forward it to the clerk of court for filing on the day that the order is issued.
Present law further requires the clerk of the issuing court to transmit the Order to the judicial administrator’s office, La. Supreme Court, and to send a copy to the chief law enforcement officer of the parish where the person or persons protected by the order reside by facsimile transmission or direct electronic input as expeditiously as possible.
The new law:(1) Adds that the copy of the Uniform Abuse Prevention Order sent to the chief law enforcement officer shall be reviewed by the law enforcement agency upon receipt. (2) Requires the petitioner to be notified of the right to initiate criminal proceedings and to be informed that the granting of a temporary restraining order or protective order does not automatically file criminal charges against the defendant