(a) All petitions under this chapter shall be verified. (b) The petition shall be filed in the county where the petitioner resides, where the alleged incident of abuse occurred, or where the respondent may be served. (c) (1) A petition for relief under this chapter may be filed in the circuit court. (2) A petition […]
(a) (1) The court, clerks of the court, and law enforcement agencies shall not require any initial filing fees or service costs. (2) A claim or counterclaim for other relief, including without limitation divorce, annulment, separate maintenance, or paternity shall not be asserted in an action brought under this subchapter except to the extent permitted […]
(a) The circuit clerk shall provide simplified forms and clerical assistance to help petitioners with the writing and filing of a petition under this chapter if the petitioner is not represented by counsel. (b) The petition form shall not require or suggest that a petitioner include his or her Social Security number or the Social […]
(a) (1) When a petition is filed pursuant to this chapter, the court shall order a hearing to be held on the petition for the order of protection not later than thirty (30) days from the date on which the petition is filed or at the next court date, whichever is later. (2) A denial […]
(a) At the hearing on the petition filed under this chapter, upon a finding of domestic abuse as defined in § 9-15-103, the court may provide the following relief: (1) Exclude the abusing party from the dwelling that the parties share or from the residence of the petitioner or victim; (2) Exclude the abusing party […]
(a) When a petition under this chapter alleges an immediate and present danger of domestic abuse or that the respondent is scheduled to be released from incarceration within thirty (30) days and upon the respondent’s release there will be an immediate and present danger of domestic abuse, the court shall grant a temporary order of […]
(a) Any order of protection granted under this chapter is enforceable by a law enforcement agency with proper jurisdiction. (b) An order of protection shall include a notice to the respondent or party restrained that: (1) A violation of the order of protection is a Class A misdemeanor carrying a maximum penalty of one (1) […]
(a) When an order of protection is issued under this chapter, upon request of the petitioner the circuit court may order a law enforcement officer with jurisdiction to accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence or to otherwise assist in execution or service of the order […]
Any order of protection issued by the circuit court pursuant to a petition filed as authorized in this chapter may be modified upon application of either party, notice to all parties, and a hearing thereon.
When a petitioner or any law enforcement officer files an affidavit with a circuit court that has issued an order of protection under the provisions of this chapter alleging that the respondent or person restrained has violated the order, the court may issue an order to the respondent or person restrained requiring that person to […]
A no contact order shall prohibit the person from making contact, directly or through an agent, except under such conditions as may be provided in the order.
All law enforcement officers shall follow the same procedures as outlined in § 16-90-1107.
The circuit court shall not deny a petitioner relief solely because the act of domestic or family violence and the filing of the petition did not occur within one hundred twenty (120) days.
(a) In addition to other factors that a circuit court shall consider in a proceeding in which the temporary custody of a child or temporary visitation by a parent is at issue and in which the court has made a finding of domestic or family violence, the court shall consider: (1) As primary the safety […]
(a) Except as provided in subsection (b) of this section, a circuit court shall not grant a mutual order of protection to opposing parties. (b) Separate orders of protection restraining each opposing party may only be granted in cases in which each party: (1) Has properly filed and served a petition for an order of […]
(a) (1) (A) A person who is charged with violating an ex parte order of protection under § 5-53-134 may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated. (B) A person who is charged with […]
(a) Commencing July 1, 2017, at an initial or subsequent hearing on a petition filed under this subchapter, to ensure that the petitioner may maintain his or her existing wireless telephone number and the wireless numbers of minor children in the petitioner’s care, the court may issue an order directing a wireless telephone service provider […]
