22-19A-1. Stalking–Violation as misdemeanor–Second or subsequent offense a felony. No person may: (1)Willfully, maliciously, and repeatedly follow or harass another person; (2)Make a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or (3)Willfully, maliciously, and repeatedly harass another person by means of […]
22-19A-10. Hearing on petition for protection–Time–Service on respondent. Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless for good cause the court grants a continuance. Personal service of the petition, […]
22-19A-11. Relief granted by protection order. Upon notice and a hearing, if the court finds by a preponderance of the evidence that stalking has taken place, the court may provide relief as follows: (1)Restrain any party from committing acts of stalking or physical injury as a result of an assault or a crime of violence […]
22-19A-12. Ex parte temporary order pending full hearing on petition for protection. 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 […]
22-19A-13. Exceptional circumstances required before security authorized. 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.
22-19A-14. Modification of terms of protection order. 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.
22-19A-15. Delivery of protection order to law enforcement agency–Notice of order to officers. 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 available to other […]
22-19A-16. Protection order–Violation–Penalty. 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 also constitute an assault, as defined […]
22-19A-17. Defendant prohibited from contacting victim prior to court appearance–Misdemeanor. 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 […]
22-19A-18. Bond–No contact terms–Misdemeanor. 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, §1.
22-19A-2. Violation of restraining order, injunction, protection order, or no contact order as felony. 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 […]
22-19A-3. Stalking–Subsequent convictions–Violation as felony. 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 conviction for, or plea […]
22-19A-4. Harasses defined. 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.
22-19A-5. Course of conduct defined. 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. Source: SL 1992, ch 162, […]
22-19A-6. Credible threat defined. 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.
22-19A-7. Stalking a child twelve or younger–Felony. 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 […]
22-19A-8. Petition for protection order–Procedures. 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 […]
22-19A-8.1. Petition for protection order in which allegations support domestic abuse rather than stalking or physical injury. 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 […]
22-19A-9. Filing petition for protection–Venue. 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, 2008.
