Title 31, Family

[PART I. GENERAL PROVISIONS] §586-1 Definitions. As used in this chapter: "Coercive control" means a pattern of threatening, humiliating, or intimidating actions, which may include assaults, or other abuse that is used to harm, punish, or frighten an individual. "Coercive control…

§586-10 Copy to law enforcement agency. (a) Any order for protection granted pursuant to this chapter shall be transmitted by the clerk of the court within twenty-four hours to the appropriate county police department. (b) Each county police department shall make available to oth…

§586-10.5 Reports by the department of human services; court responsibilities. In cases where there are allegations of child abuse or neglect, as defined in section 350-1, involving a family or household member who is a minor or an incapacitated person as defined in section 560:5…

§586-11 Violation of an order for protection. (a) Whenever an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or intentionally violates the order for protection shall be guilty of a misdemeanor. A person convicted un…

[§586-12] Mutual protective orders. No protective order shall be entered against the plaintiff in the same petition unless:

§586-13 Domestic violence intervention; anger management. Notwithstanding chapter 706 or any other law to the contrary, any sentence for a domestic violence intervention or anger management course specified by section 586-4 or section 586-11 shall be imposed by the court, with or…

§586-2 Court jurisdiction. (a) An application for relief under this chapter may be filed in the family court in the circuit in which: (b) Actions under this chapter shall be given docket priorities by the court. [L 1982, c 123, pt of §2; am L 2023, c 81, §1]

PART II. FOREIGN PROTECTIVE ORDERS §586-21 Foreign protective orders. Any valid protective order, as defined in title 18 United States Code section 2266, issued by a court or tribunal of another state, tribe, or territory of the United States, or issued by a court or tribunal of …

[§586-22] Valid protective order. (a) A protective order issued by another state, tribe, or territory shall be considered valid if: (b) Failure to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcem…

[§586-23 Filing of foreign protective order.] A certified copy of a foreign protective order, accompanied by a sworn affidavit that the order remains in effect and has not been vacated or modified, may be filed with the court; provided that no filing fee shall be required. Filing…

[§586-24] Enforcement of foreign protective orders. (a) A law enforcement officer shall enforce a foreign protective order that appears to be authentic on its face. For purposes of this section, "authentic on its face" means the protective order contains the names of both parties…

§586-25 Good faith immunity. Any law enforcement officer acting in good faith shall be immune from civil or criminal liability in any action arising in connection with enforcement of a valid foreign protective order or a foreign protective order that appears to be authentic on it…

[§586-26] Penalties. Any violation of a foreign protective order entitled to full faith and credit under this part is a misdemeanor. The court shall sentence a person convicted under this section as follows: Upon conviction and sentencing of the defendant, the court shall order t…

§586-3 Order for protection. (a) There shall exist an action known as a petition for an order for protection in cases of domestic abuse. (b) A petition for relief under this chapter may be made by: (c) A petition for relief shall be in writing upon forms provided by the court and…

§586-4 Temporary restraining order. (a) Upon petition to a family court judge, an ex parte temporary restraining order may be granted without notice to restrain either or both parties from contacting, threatening, or physically abusing each other, notwithstanding that a complaint…

§586-5 Period of order; hearing. (a) A temporary restraining order granted pursuant to this chapter shall remain in effect at the discretion of the court, for a period not to exceed one hundred eighty days from the date the order is granted or until the effective date, as defined…

§586-5.5 Protective order; additional orders. (a) If, after hearing all relevant evidence, the court finds that the respondent has failed to show cause why the order should not be continued and that a protective order is necessary to prevent domestic abuse or a recurrence of abus…

§586-5.6 Effective date. The temporary restraining order shall be effective as of the date of signing and filing; provided that if a temporary restraining order is granted orally in the presence of all the parties and the court determines that each of the parties understands the …

§586-5.8 Transfer or release of domestic abuse victims from shared wireless plans. (a) The court may issue an order requiring a wireless telecommunications service provider, without charge, penalty, or fee, to: (b) The order issued pursuant to subsection (a) shall be a separate o…

§586-6 Notice of order. (a) Any order issued under this chapter shall either be personally served upon the respondent, or served by certified mail, unless the respondent was present at the hearing in which case the respondent shall be deemed to have notice of the order. A filed c…

[§586-7] Assistance of police in service or execution. When an order is issued under this chapter upon request of the petitioner, the court may order the police department to serve the order and related documents upon respondent and to accompany the petitioner and assist in placi…

[§586-8] Right to apply for relief. (a) A person's right to apply for relief shall not be affected by the person's leaving the residence or household to avoid abuse. (b) The court shall not require security or bond of any party unless it deems [it] necessary in exceptional cases.…

§586-9 Modification of order. Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection. The court may deny, without hearing, a motion to dismiss or to modify the terms of an existing order for protection if the motio…