Title 22, CRIMES

If the court denies a petition filed pursuant to § 22-19A-8 after a hearing pursuant to § 22-19A-10 , the court must seal the case upon a finding on the record that the petition was filed with no basis in fact or law and was harassing, frivolous, or abusive in nature. The court s…

If an affidavit filed with an application under § 22-19A-8 alleges that immediate and irreparable injury, loss, or damage is likely to result before an adverse party or the party's attorney can be heard in opposition, the court may grant an ex parte temporary protection order pen…

If an ex parte temporary protection order is in effect and a judge issues a protection order pursuant to § 22-19A-8 , the ex parte temporary protection order remains effective until the order issued pursuant to § 22-19A-8 is served on the respondent. Source: SL 2024, ch 85 , § 1.

The court may not require an undertaking or other security of any party to a petition for an order of protection other than in exceptional circumstances. Source: SL 1997, ch 131 , § 6.

Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection. Source: SL 1997, ch 131 , § 7.

The petitioner may deliver an order for protection granted pursuant to §§ 22-19A-8 to 22-19A-16 , inclusive, within twenty - four hours to the local law enforcement agency having jurisdiction over the residence of the petitioner. Each appropriate law enforcement agency shall make…

If a temporary protection order or a protection order is granted pursuant to §§ 22-19A-8 to 22-19A-16 , inclusive, and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor. If the acts constituting a violation of this section a…

While in custody after arrest for assault or stalking, no defendant may have or be permitted any contact or communications, either directly or by means of a third party, with the victim or the family or household members of the victim, until the defendant's initial court appearan…

If bond for the defendant in any assault or stalking action is authorized, a condition of no contact with the victim shall be stated and incorporated into the terms of the bond. Willful violation of any such no contact provision is a Class 1 misdemeanor. Source: SL 2010, ch 114 ,…

Any person who violates § 22-19A-1 when there is a temporary restraining order, or an injunction, or a protection order, or a no contact order issued pursuant to § 25-10-23 or 25-10-25 in effect prohibiting the behavior described in § 22-19A-1 against the same party, is guilty of…

A person who has a second or subsequent conviction occurring within seven years of a prior conviction under § 22-19A-1 , 22-19A-2 , or 22-19A-7 against the same victim, and involving an act of violence, or a credible threat of violence, is guilty of a Class 5 felony. Any convicti…

For the purposes of this chapter, harasses means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose. Source: SL 1992, ch 162 , § 4; SL 1993, ch 176 , § 4.

For the purposes of this chapter, course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of course of conduct. Sourc…

For the purposes of this chapter, a credible threat means a threat made with the intent and the apparent ability to carry out the threat. A credible threat need not be expressed verbally. Source: SL 1992, ch 162 , § 6; SL 1993, ch 176 , § 5.

Any person who willfully, maliciously, and repeatedly follows or harasses a child twelve years of age or younger or who makes a credible threat to a child twelve years of age or younger with the intent to place that child in reasonable fear of death or great bodily injury or with…

There exists an action known as a petition for a protection order in cases of stalking, in cases of physical injury as a result of an assault, or in cases of a crime of violence as defined in subdivision 22-1-2(9). Procedures for the action are as follows: (1) A petition under th…

If a petition for a protection order alleging the existence of stalking or physical injury is filed with the court pursuant to § 22-19A-8 and, if the court, upon an initial review, determines that the allegations do not support the existence of stalking or physical injury, but th…

A petition for relief under §§ 22-19A-8 to 22-19A-16 , inclusive, may be filed in circuit court or in a magistrate court with a magistrate judge presiding. Venue lies where any party to the proceedings resides. Source: SL 1997, ch 131 , § 2; SL 2008, ch 108 , § 1, eff. Feb. 19, 2…