77-3-1. Threatened offense — Complaint. A complaint that a person has threatened to commit an offense against the person or property of another, except in the case of stalking, may be made before any magistrate. Petitions alleging the commission of stalking shall be handled pursuant to Title 78B, Chapter 7, Protective Orders and Stalking Injunctions. […]
77-3-10. Assault in presence of magistrate or court. A person who, in the presence of the court or magistrate, assaults or threatens to assault another or to commit an offense against person or property, or who contends with another with threatening words, may be ordered by the court or magistrate to give security and if […]
77-3-11. Undertaking, when broken — Prosecution. (1) The undertaking is broken if the person posting the bond violates the conditions set by the court. (2) If the undertaking is broken and the county attorney produces evidence of the violation to the district court where the undertaking was filed, the court shall order an action on […]
77-3-12. Record of conviction conclusive evidence — Judgment on undertaking. In an action filed by the county attorney to recover on an undertaking: (1) The offense shall be alleged as a breach of the undertaking stated in a record of conviction and a record of conviction is conclusive evidence thereof. (2) If the court finds […]
77-3-2. Examination of complainant and witnesses. The magistrate shall examine, on oath, the complainant and any witnesses he may produce and may take their testimony in writing. Enacted by Chapter 15, 1980 General Session
77-3-3. “Complaint” defined. A complaint, within the meaning of this chapter, is a statement in writing setting forth the jurisdictional facts, specifying the threatened offense, and subscribed and sworn to by the complainant before the magistrate. Enacted by Chapter 15, 1980 General Session
77-3-4. Warrant of arrest — Temporary restraining order. If the magistrate believes there is reasonable ground to fear the commission of the offense threatened, he may: (1) Issue a warrant directed generally to any peace officer, reciting the substance of the complaint and commanding the officer to immediately arrest the person complained of and bring […]
77-3-5. Defendant taken before different magistrate — Procedure. When the person arrested is taken before a magistrate other than the one who issued the warrant, the peace officer who executed the warrant shall deliver it to the issuing magistrate with his endorsed return. The complaint and written testimony, if any, on which the warrant was […]
77-3-6. Change of venue. When the person complained of is brought before the magistrate, a change of venue may be had for good cause shown. Enacted by Chapter 15, 1980 General Session
77-3-7. Hearing — Evidence — Record. At the time set for hearing, the magistrate shall take evidence. The hearing may be recorded or reduced to writing. Enacted by Chapter 15, 1980 General Session
77-3-8. Findings and orders — Discharge — Undertaking — Commitment. (1) If it appears there is no reasonable ground to fear the commission of the offense alleged to have been threatened, the person complained of shall be discharged. The complainant may be ordered to pay the costs of the proceedings if the magistrate believes the […]
77-3-9. Filing undertaking with district court clerk. An undertaking shall be filed in the office of the clerk of the district court. Amended by Chapter 68, 1995 General Session
