Effective September 1, 2010, parties can stipulate to the issuance of a harassment injunction instead of a domestic abuse injunction. If the parties agree to such a stipulation, the Court may not approve the stipulation unless the following factors are met:
- Either or both parties submit an oral request on the record for the conversion, explaining the reason why the conversion is requested; and
- The Court advises the petitioner personally and determines that the petitioner entered into the stipulation voluntarily and with an understanding of the differences between a domestic abuse injunction and a harassment injunction.
In a harassment injunction, the Court may order the respondent to avoid harassing the petitioner, avoid the petitioner’s residence or any premises temporarily occupied by the petitioner or any combination thereof. A harassment injunction may only prohibit the conduct that has been actually proven in Court. A harassment injunction only prohibits possession of a firearm if the petitioner has proven by clear and convincing evidence that the respondent may use a firearm to cause harm to another or public safety.
Under a domestic abuse injunction, any firearm the respondent owns or possesses must be surrendered and any domestic violence conviction prohibits return of the guns.