Office of House Bill AnalysisS.B. 68
By: Moncrief
Juvenile Justice & Family Issues


Under current law, an adult member of a family or household and any adult
for the protection of a child may file for an application for an order of
protection against family violence from another person in the family or
household.  According to the 1995 publication "Dating Violence and
Acquaintance Assault" by the Nebraska Institute of Agriculture and Natural
Resources, up to one-third of young adults between the ages of 16 and 24
have reported being involved in at least one abusive dating situation and
more than 80 percent of all sexual assaults occur between people who know
each other, including sexual assaults on dates.  Many of these victims of
violence are unable to obtain a protective order from family violence
because their attackers are not family or household members.  Senate Bill
68 clearly defines dating violence and enables a person in a dating
relationship to file an application for an order of protection against
family violence from another person in that dating relationship. 


It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 


Senate Bill 68 amends the Family Code to provide that dating violence is an
act by an individual in a dating relationship against the other person in
the dating relationship that is intended to result in or is a threat that
reasonably places the individual in fear of physical harm, bodily injury,
assault, or sexual assault, but does not include defensive measures to
protect oneself. 

The bill also provides that dating relationship is more than a casual
acquaintance or an ordinary fraternization in a business or social context
and that it is a relationship between individuals who have or have had a
continuing relationship of a romantic or intimate nature.  The bill
requires the existence of a dating relationship to be determined based on
consideration of the length of the relationship, the nature of the
relationship, and the frequency and type of interaction between the persons
involved in the relationship (Sec. 71.0021). 

The bill provides for the inclusion of dating violence in the definition of
family violence and authorizes an adult member of a dating relationship to
file an application for a protective order.  The bill also adds and
modifies language to incorporate dating violence as a type of family
violence in provisions relating to the notification of a temporary ex parte
order, a motion to vacate a temporary ex parte order, required findings,
and orders in a hearing on an application for a protective order,
confidentiality of certain information in a protective order, the
requirements of an order applying to a person who committed family
violence, and the delivery of a protective order to other persons (Secs.
71.004, 82.002, 83.001, 83.004, 85.001, 85.007, 85.022, and 85.042). 


September 1, 2001.