47.0203 Emergency order for protection - Available relief - Availability of judge or court officer - Expiration of order.

Cite as [A.S.C.A. 47.0203]

(a) A court may issue a written or oral emergency order for protection ex parte when a law enforcement officer states to the court in person or by telephone, and the court finds reasonable grounds to believe, that the petitioner is in immediate danger of domestic or family violence based on an allegation of a recent incident of domestic or family violence by a family or household member.

(b) A law enforcement officer who receives an oral order for protection from a court shall:

(1) Write and sign the order on the form required pursuant t section 47.0202;

(2) Serve a copy on the respondent;

(3) Immediately provide the petitioner with a copy of the order; and

(4) Provide the order to the court by the end of the next judicial day.

(c) The court may grant the following relief in an emergency order for protection:

(1) Enjoin the respondent from threatening to commit or committing acts of domestic or family violence against the petitioner and any designated family or household members;

(2) Prohibit the respondent from harassing, annoying, telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly;

(3) Remove and exclude the respondent from the residence of the petitioner, regardless of ownership of the residence;

(4) Order the respondent to stay away from the residence, school, place of employment of the petitioner, or any specified place frequented by the petitioner and any designated family or household member;

(5) Order possession and use of an automobile and other essential personal effects, regardless of the ownership of the essential personal effects, and direct the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to possession of the residence, automobile, and other essential personal effects, or to supervise the petitioner's or respondent's removal of personal belongings;

(6) Grant temporary custody of a minor child to the petitioner; and

(7) Order such other relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member.

(d) A judge or other court officer with authority to issue an order for protection must be available 24 hours a day to hear petitions for emergency orders for protection.

(e) An emergency order for protection expires 72 hours after issuance.

History: 2004, PL 28-16.