House Bill 383 Summary

• Creates the Sexual Assault Protection Act establishing a new civil remedy allowing victims of sexual assault to petition for protection orders in district court magistrate division.

• Permits custodial or noncustodial parents or guardians to file petitions on behalf of minor children who are victims of sexual assault or threats thereof.

• Requires courts to hold hearings within 14 days and allows judges to order respondents to cease sexual assault, be excluded from residences, pay service fees and attorney's fees, refrain from contact or harassment, and maintain specified distances (up to 1,500 feet) from protected parties; relief extends for up to one year and may be renewed or made permanent.

• Allows ex parte temporary protection orders effective for up to 14 days without prior notice to respondent if irreparable injury from recent sexual assault or threats is demonstrated, with full hearing required within 14 days.

• Establishes violation of protection orders as a misdemeanor punishable by up to one year in jail and fines up to $5,000; waives all filing fees, service fees, hearing fees, and bonds for protection order proceedings.