Title 31, Family

[§586-12] Mutual protective orders. No protective order shall be entered against the plaintiff in the same petition unless: (1) The respondent properly files a separate petition; and (2) The plaintiff has reasonable notice of the filing of the separate petition. [L 2016, c 4, §2]…

§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: (1) The petitioner resides or is temporarily located; (2) The respondent resides; (3) The subject of the petition, a petitioner's family or househ…

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: (1) The issuing court or tribunal had jurisdiction over the parties and matter under the laws of the state, tribe, or territory; and (2) The respond…

[§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: (1) For a first conviction for violation of the protective order, the pe…

§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: (1) Any family or household member on the member's own behalf or on behalf of a fa…

§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: (1) Transfer the billing authority and all rights to the wireless tel…

§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…