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CS/HB 761 — Interpersonal Violence Injunction Petitions
by Civil Justice Subcommittee and Reps. Garcia, Daniels, and others (CS/SB 852 Criminal Justice Committee and Senators Calatayud and Book)
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Judiciary Committee (JU)
The bill amends statutes authorizing petitions for injunctions for protection against domestic violence; repeat violence, dating violence, and sexual violence; and stalking and cyberstalking to make filing a petition for injunctive relief less burdensome. The bill deletes the current requirement that the petitioner appear in person before a notary or deputy court clerk and swear that the statements made in a petition for an interpersonal violence injunction are true. Instead, the bill requires that the petitioner declare in writing that the statements are true under the penalty of perjury.
The changes made in the bill do not affect the penalty for making a false statement in a petition for an interpersonal violence injunction. The penalty remains a third degree felony.
If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions take effect July 1, 2024.
Vote: Senate 40-0; House 113-0