Originally published: . Volume 12, No. 3. Source pages: 7.
HB 55 by Rep. Aimee Freeman would authorize use of a written affirmation to support a petition for an ex parte temporary restraining order in domestic abuse cases.
Present law provides that a petition requesting the issuance of an ex parte temporary restraining order pursuant to the Domestic Abuse Assistance Act shall contain an affidavit signed by each petitioner that the facts and circumstances contained in the petition are true and correct to the best knowledge, information, and belief of the petitioner.
Present law further provides that any false statement under oath contained in the affidavit shall constitute perjury and shall be punishable by a fine of not more than $1000 or by imprisonment with or without hard labor for not more than five years, or both.
The proposed law provides that the petition shall contain a written affirmation, rather than an affidavit, signed by the petitioner.
Also, the proposed law further explicitly provides the same for a complainant seeking protection from domestic abuse, dating violence, stalking, or sexual assault.
Present law provides that a temporary restraining order shall be granted without notice when:
(1) It clearly appears from specific facts shown by a verified petition or by supporting affidavit that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition.
(2) The applicant's attorney certifies to the court in writing the efforts which have been made to give the notice or the reasons supporting his claim that notice should not be required.
Representative Freeman's proposed law retains the present law and provides that a temporary restraining order shall also be granted when an affirmation as provided in proposed law shows the specific facts required by present law.
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