Introduced Version






HOUSE BILL No. 1056

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 31-15-10-1.5.

Synopsis: Domestic violence and dissolution of marriage. Provides that in a dissolution of marriage or legal separation, a court may order an individual to pay certain expenses to the spouse if the individual committed domestic or family violence against the spouse.

Effective: July 1, 2004.





Mays




    January 13, 2004, read first time and referred to Committee on Judiciary.







Introduced

Second Regular Session 113th General Assembly (2004)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1056



    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 31-15-10-1.5; (04)IN1056.1.1. -->     SECTION 1. IC 31-15-10-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1.5. (a) A court may order an individual to pay a reasonable amount to the individual's spouse for:
        (1) attorney's fees;
        (2) mediation fees;
        (3) arbitration fees;
        (4) marriage counseling expenses;
        (5) other expenses to maintain or defend a proceeding under this article; or
        (6) lost wages;
if the spouse demonstrates that the spouse has been the victim of domestic or family violence that was committed by the individual.
    (b) To demonstrate that an individual's spouse has been the victim of domestic or family violence described in subsection (a), the spouse must provide the court a copy of:
        (1) a report of a law enforcement agency (as defined in IC 5-2-5-1(12));
        (2) a protection order issued under IC 34-26-5;
        (3) a foreign protection order (as defined in IC 34-6-2-48.5); or
        (4) an affidavit from a domestic violence service provider verifying services provided to the spouse by the domestic violence service provider;
that substantiates that the domestic or family violence has occurred and was committed by the individual.