Title 47, Domestic and Family Violence

(a) A court may issue a written or oral emergency order for protection ex parte when a law enforcement officer states to the court in person or by telephone, and the court finds reasonable grounds to believe, that the petitioner is in immediate danger of domestic or family violen…

(a) If it appears from a petition for an order for protection or a petition to modify an order for protection that domestic or family violence has occurred or a modification of an order for protection is required, a court may: (1) Without notice or hearing, immediately issue an o…

(a) Except as otherwise provided in subsection(b), if a court issues an order for protection ex parte or a modification of an order for protection ex parte and the court provides relief pursuant to section 47.0204(b), upon a request by either party within 30 days after service of…

Fees for filing and service of process must not be charged for any proceeding seeking only the relief provided in this chapter. History: 2004, PL 28-16.

(a) A certified copy of an order for protection issued in the United States may be filed in the office of the clerk of the High Court. The clerk shall act upon the order in the same manner as the clerk acts upon an order for protection issued by the High Court. (b) A filed order …

In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that domestic or family violence has occurred raises a rebuttable presumption that it is: (1) detrimental to the child and not in the best interest of the child to be …

(a) In addition to other factors that a court must consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the Court has made a finding of domestic or family violence: (1) The Court shall consider as primary the safety and well …

(a) A court may award visitation by a parent who committed domestic or family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic or family violence can be made. (b) In a visitation order, a Court may: (1…

(a) A “crime involving domestic or family violence” occurs when a family or household member, as defined in section 47.0102(1), commits one or more of the following crimes against another family or household member: (1) arson; (2) assault and harassment; (3) burglary, robbery, ta…

A person convicted of a crime of domestic or family violence is required to pay to the court a minimum of one hundred fifty dollars($150) to be disbursed as specified below; (a) The Court may utilize not more than one-third of each payment to offset administrative costs for depos…

Violation of one of the following orders issued as a protection against domestic and family violence, is a misdemeanor: (a) An order enjoining the respondent from threatening to commit or committing acts of domestic or family violence against the petitioner or other family or hou…

When a defendant makes a judicial admission, pleads guilty to, or has been found guilty to, or has been found guilty of a second or subsequent crime involving domestic or family violence within five years, the penalty is enhanced by one class above the class otherwise provided fo…

The following evidentiary privileges do not apply in any criminal proceeding in which a spouse or other family or household member is the victim of an alleged crime involving domestic or family violence perpetrated by the other spouse: (a) The privilege of confidential communicat…

When a court dismisses criminal charges or a prosecutor moves to dismiss charges against a defendant accused of a crime involving domestic or family violence, the specific reasons for the dismissal must be recorded in the court file. The prosecutor shall indicate the specific rea…

A prosecutor shall make reasonable efforts to notify a victim of an alleged crime involving domestic or family violence when the prosecutor has decided to decline prosecution of the crime, to dismiss the criminal charges filed against the defendant, or to enter into a plea agreem…

(a) A law enforcement officer who responds to an allegation of domestic or family violence shall use all reasonable means to protect the victim and prevent further violence, including but not limited to: (1) Taking the action necessary to provide for the safety of the victim and …

Law enforcement officers who respond to allegations of domestic or family violence are required within 72 hours of the response to either inform the prosecutor’s office or provide a copy of their police report to the prosecutor’s office. History: 2004, PL 28-16.

(a) A law enforcement officer shall, without a warrant, arrest and charge a person with the appropriate crime if the officer has probable cause to believe that the person has committed a crime involving domestic or family violence, whether the offense is a felony or a misdemeanor…

When a law enforcement officer has probable cause to believe that a respondent has violated one of the following orders of the court and verifies the existence of the order, the officer shall, without a warrant, arrest the apparent violator whether the violation was committed in …

Incident to an arrest for a crime involving domestic or family violence, a law enforcement officer: (a) Shall seize all weapons that are alleged to have been involved or threatened to be used in the commission of a crime. (b) May seize a weapon that is in the plain view of the of…

If a law enforcement officer has probable cause to believe that a person has violated a condition of release imposed on a perpetrator of family and domestic violence and verifies that the alleged violator has notice of the conditions, the officer shall, without a warrant, arrest …

(a) Before placing a perpetrator who is convicted of a crime involving domestic or family violence on probation, the court shall consider the safety and protection of the victim of domestic or family violence and any member of the victim?s family or household. (b) The court may c…

(a) In additions to other conditions imposed on a perpetrator convicted of a crime involving domestic or family violence, the parole board or other designated authority may impose any condition of parole upon the perpetrator necessary to protect the safety of the victim and famil…

(a) There is hereby created the American Samoa advisory council on domestic and family violence. (b) The purpose of the advisory council is to increase the awareness and understanding of domestic and family violence and its consequences and to reduce the incidence of domestic and…

(a) The American Samoa advisory council on domestic and family violence consists of five members. The Governor shall appoint the members of the advisory council after consulting with public and private agencies that provide programs for victims of domestic or family violence, adv…

(a) The Department of Public Health shall make available to practitioners and health care facilities a written notice of the rights of victims and remedies and services available to victims of domestic or family violence in accordance with subsection(c). (b) A practitioner who be…

(a) The Department of Public Safety shall establish or make available: (1) Programs of education and counseling for offenders who are also victims of domestic or family violence; and (2) Programs of intervention for perpetrators convicted of crimes involving domestic or family vi…