§ 7201. Purpose [Effective Apr. 10, 2023]. Sexual violence is heinous. Perpetrators of sexual violence inflict humiliation, degradation, and terror on victims. Rape is recognized as a significantly under reported crime. Victims who do not report the crime of rape or other sexual violence nevertheless desire safety and protection from future interactions with the perpetrator […]
§ 7202. Definitions [Effective Apr. 10, 2023]. As used in this chapter: (1) “Firearm” means as defined in § 222 of Title 11. (2) “Law-enforcement officer” means as defined in § 222 of Title 11. (3) “Non-consensual” means “without consent” as defined under § 761 of Title 11. (4) “Non-physical contact” means telephone calls, mail, […]
§ 7203. Commencement of action; procedure [Effective Apr. 10, 2023]. (a) A petitioner may request a sexual violence protective order by filing an affidavit or verified petition in the Superior Court in the county where the petitioner resides, the respondent resides, or the alleged non-consensual sexual conduct or non-consensual sexual penetration occurred asking the Court […]
§ 7204. Emergency proceedings [Effective Apr. 10, 2023]. (a) A petitioner may request an ex parte temporary sexual violence protective order by filing an affidavit or verified petition which alleges all of the following: (1) The occurrence, including the date, of non-consensual sexual conduct or non-consensual sexual penetration perpetrated by the respondent against petitioner. (2) […]
§ 7205. Nonemergency proceedings [Effective Apr. 10, 2023]. (a) A petitioner may request a sexual violence protective order by filing an affidavit or verified petition that alleges: (1) The occurrence, including the date, of non-consensual sexual conduct or non-consensual sexual penetration perpetrated by the respondent against petitioner. (2) Specific statements or actions made contemporaneously with […]
§ 7206. Termination and renewal [Effective Apr. 10, 2023]. (a) A respondent subject to a sexual violence protective order issued under § 7205 of this chapter, or renewed under subsection (b) of this section, may submit 1 written request at any time during the effective period of the order for a hearing to terminate the […]
§ 7207. Return and disposal of firearms [Effective Apr. 10, 2023]. If an order issued under this chapter is vacated under § 7205 of this title, terminated under § 7206 of this title, or expired and is not renewed, the law-enforcement agency shall return to the respondent any firearms or ammunition taken from the respondent […]
§ 7208. Limitation on liability [Effective Apr. 10, 2023]. (a) Nothing in this chapter precludes a law-enforcement officer from removing firearms under other authority or the filing of criminal charges when probable cause exists. (b) A law-enforcement agency is immune from civil or criminal liability for any damage or deterioration of firearms stored or transported […]
§ 7209. Sanctions [Effective Apr. 10, 2023]. (a) Any person who violates a sexual violence protection order may be guilty of criminal contempt under § 1271A of Title 11. (b) Any person who “swears falsely,” as defined by § 1224 of Title 11, in an affidavit or verified pleading under § 7203, § 7204, or […]
