Section 15 - Family Violence

As amended through November 4, 2024
Section 15 - Family Violence
(a) In this Section:
(1) "Dating relationship" means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.
(2) "Family violence" means an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.
(3) "Household" means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.
(4) "Member of a household" includes a person who previously lived in a household.
(b) Before a prospective party signs a collaborative family law participation agreement in a collaborative family law matter in which another prospective party is a member of the prospective party's family or household or with whom the prospective party has or has had a dating relationship, a prospective collaborative lawyer must make reasonable inquiry regarding whether the prospective party has a history of family violence with the other prospective party.
(c) If a collaborative lawyer reasonably believes that the party the lawyer represents, or the prospective party with whom the collaborative lawyer consults, as applicable, has a history of family violence with another party or prospective party, the lawyer may not begin or continue a collaborative family law process unless:
(1) the party or prospective party requests beginning or continuing a process; and
(2) the collaborative lawyer determines with the party or prospective party what, if any, reasonable steps could be taken to address the concerns regarding family violence.
Adopted by order filed and effective 4/1/2019.