Bill
SB 721
Allows a respondent to consent to convert an existing protective order into a permanent protective order, adding a consent-based path alongside conviction-based triggers.
Status
- Enacted as Chapter 537. Approved by the Governor May 13, 2025.
- Effective date: October 1, 2025.
- Statutory location amended: Family Law §4‑506(k).
Purpose / intent
- To add respondent consent as an express statutory basis for a court to issue a permanent protective order (PPO) against that individual, thereby creating a formal, uncontested pathway for conversion to a permanent order when the respondent agrees.
Key provisions
- Adds a new alternative in Family Law §4‑506(k)(ii) so a court “shall issue” a permanent protective order if:
1. An interim, temporary, or final protective order previously was issued against the individual; and
2. One of the following is true:
- The individual was convicted and sentenced to at least 5 years for the abusive act and has served ≥12 months; OR
- During the term of the interim/temporary/final order, the individual committed an act of abuse and was convicted and sentenced to at least 5 years and has served ≥12 months; OR
- The individual consents to issuance of the permanent protective order.
- The statute continues to provide that, for the conviction-based paths, the victim who was eligible for relief under the prior order must request issuance of the permanent protective order.
- A permanent protective order issued under §4‑506(k) may contain only the relief that was granted in the original protective order (e.g., prohibition on abuse and contact, stay‑away provisions, custody/visitation-related measures in limited form).
- A PPO issued under this subsection remains permanent unless terminated at the victim’s request.
Who is affected
- Respondents: may now consent to conversion to a permanent protective order as an alternative to meeting the conviction-related triggers.
- Victims/persons eligible for relief: continue to be protected by a permanent order; termination remains subject to the victim’s request.
- Judiciary: must implement procedural and electronic‑recording changes to accommodate the consent pathway.
- Law enforcement and protective order registries: enforcement responsibilities unchanged, but may see more permanent orders entered by consent.
Fiscal and procedural impacts
- Department of Legislative Services fiscal note: one‑time general fund Judiciary programming cost of $30,300 in FY2026 to update court systems. No material ongoing State or local fiscal effect is anticipated.
- The law preserves limits on the relief available in permanent orders and retention/termination rules; court procedures will incorporate the new consent basis.
Related / technical
- Companion bill: HB 929.
- Effective October 1, 2025; codified as Chapter 537.
Note on statutory language
- The enacted text adds respondent consent as an alternative basis for issuance. The statute continues to specify that, for the conviction-based paths, issuance also requires a victim request; the statute does not explicitly recast the victim‑request language to reference the consent pathway, so procedural implementation will follow the statutory wording and judicial interpretation.
Compiled from official sources — confirm details with the bill’s official record.
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