Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.**
What changed between versions
The bill's scope expanded from merely requiring courts to advise parties about child counseling to establishing a presumption that legal and physical custody will be awarded to the non-abusive parent upon entry of a final restraining order, plus new provisions on estoppel, expunged records access, and victim safety in child support proceedings.
Subsection 12(e) was changed so that children are advised about counseling programs if they are 'minor children of either party to the complaint' rather than only those who were physically present at or may have seen or heard the act of domestic violence, broadening which children are covered.
New subsection 13(f) provides that a criminal conviction under the Prevention of Domestic Violence Act estops the defendant from denying the same conduct in a civil restraining order proceeding (collateral estoppel).
New provision after subsection 13(b)(11) requires that, upon the victim's request and absent good cause to the contrary, the court order that in any subsequent child support proceeding following a final restraining order, the victim not be required to be in the same room as the abuser, and that the victim's and child's whereabouts be kept confidential.
New language in subsection 13(a) requires the court to grant an adjournment if reasonably needed for the plaintiff to collect evidence from law enforcement records, and mandates that if requested records have not been provided by the hearing date, the agency's failure be noted on the record. The absence of law enforcement records shall not be a basis to deny relief.
New subsections 13(g) and 13(h) allow parties to request release or unsealing of expunged records, sealed records, or prior arrests/convictions related to previous DV complaints involving both parties, and require such records be provided to parties, prosecutors, or the Attorney General for use in DV restraining order or extreme risk protection order proceedings.
The custody presumption in subsection 13(b)(11) was strengthened: it now explicitly states that upon entry of a final restraining order, there is a presumption that legal and physical custody shall be awarded to the non-abusive parent (previously only a general best-interests presumption for temporary custody). It also clarifies that denial of custody does not terminate parental rights or affect support obligations.
Subsection 13(b)(21) was rewritten: instead of simply requiring counseling for minor children, it now requires the defendant to pay for a child's professional domestic violence counseling at the plaintiff's request, with documentation of payment, reimbursement provisions through the Victims of Crime Compensation Office, and payment methods that avoid direct contact between the parties. The court evaluates the defendant's ability to pay.
The appropriation section (former Section 3) that funded three counseling sessions from the General Fund to the Victims of Crime Compensation Office was removed entirely, as the cost is now shifted to the abuser under the revised subsection 13(b)(21).