Title 47 — Domestic and Family Violence
8 chapters · 31 sections in this title.
A.S.C.A. § 47.0101 Purpose
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The purpose of this title is to recognize the importance of domestic violence as a serious crime against society and to assure the victim of domestic violence the maximum protection from abuse which the law and those who enforce the law can provide. It is the intent of the Legisl…
A.S.C.A. § 47.0102 Definitions
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As used in this chapter, unless the context clearly requires otherwise: (1) “Domestic or family violence” means the occurrence of one or more of the following acts by a family or household member, but does not include acts of self-defense: (A) Attempting to cause or causing physi…
A.S.C.A. § 47.0201 Eligible petitioners for order
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(a) A person who is or has been a victim of domestic or family violence may file a petition for an order for protection against a family or household member who commits an act of domestic or family violence. (b) A parent, guardian, or other representative may file a petition for …
A.S.C.A. § 47.0202 Uniform form required for petitions and orders - Required statements in petitions and orders - Duty of clerk to provide petitions and clerical assistance
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(a) The Attorney General’s Office shall: (1) Develop and adopt uniform form s for petitions and orders for protection, including but not limited to such orders issued pursuant to divorce, custody, and other domestic relations hearings; and (2) Provide the forms to the clerk of ea…
A.S.C.A. § 47.0203 Emergency order for protection - Available relief - Availability of judge or court officer - Expiration of order
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(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.S.C.A. § 47.0204 Order for protection - Modification of orders - Relief available ex parte - Relief available after hearing - Duties of the Court - Duration or order
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(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.S.C.A. § 47.0205 Required hearings - Duty of court when order for protection denied
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(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…
A.S.C.A. § 47.0206 Court costs and fees
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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.S.C.A. § 47.0207 Registration and enforcement of foreign orders for protection - Duties of court clerk
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(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 …
A.S.C.A. § 47.0301 Presumptions concerning custody and residence of child
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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.S.C.A. § 47.0302 Factors in determining custody and visitation
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(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.S.C.A. § 47.0303 Conditions of visitation in cases involving domestic and family violence
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(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.S.C.A. § 47.0401 Crime involving domestic or family violence defined
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(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.S.C.A. § 47.0402 Mandatory fine for conviction of a crime of domestic or family violence
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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…
A.S.C.A. § 47.0403 Violation of certain orders for protection is misdemeanor
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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…
A.S.C.A. § 47.0404 Enhance of penalty for second or subsequent crime involving domestic or family violence
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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…
A.S.C.A. § 47.0501 Spousal privileges inapplicable in criminal proceedings involving domestic or family violence
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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…
A.S.C.A. § 47.0502 Record of dismissal required in Court file
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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.S.C.A. § 47.0503 Duty of prosecutor to notify victim
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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.S.C.A. § 47.0601 Duties of law enforcement officer to victim of domestic or family violence - Required notice to victim
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(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 …
A.S.C.A. § 47.0602 Duties of law enforcement officer to prosecutor's office
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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.S.C.A. § 47.0603 Mandatory arrest for crimes involving domestic or family violence - Determination of primary aggressor - Required report
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(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…
A.S.C.A. § 47.0604 Mandatory arrest for certain violations of orders for protection
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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 …
A.S.C.A. § 47.0605 Authority of law enforcement officer to seize weapons
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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…
A.S.C.A. § 47.0606 Mandatory arrest for violation of conditions of release
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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.S.C.A. § 47.0701 Conditions of probation for perpetrator convicted of crime involving domestic or family violence - Required reports by probation department
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(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.S.C.A. § 47.0702 Conditions of parole for perpetrator convicted of crime involving domestic or family violence - Required reports by parole board
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(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.S.C.A. § 47.0801 Creation of an American Samoan advisory council on domestic and family violence - Purpose - Required report
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(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.S.C.A. § 47.0802 Composition and qualification of members
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(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.S.C.A. § 47.0803 Duties of Department of Public Health
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(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.S.C.A. § 47.0804 Duties of Department of Public Safety
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(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…