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47.0204 Order for protection - Modification of orders - Relief available ex parte - Relief available after hearing - Duties of the Court - Duration or order.

Cite as [A.S.C.A. 47.0204]

(a) If it appears from a petition for an order for protection or a petition to modify an order for protection that domestic or family violence has occurred or a modification of an order for protection is required, a court may:

(1) Without notice or hearing, immediately issue an order for protection ex parte or modify an order for protection ex parte as it deems necessary to protect the petitioner.

(2) Upon notice, issue an order for protection or modify an order after a hearing whether or not the respondent appears.

(b) A court may grant the following relief without notice and hearing in an order for protection or a modification issued ex parte:

(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 member;

(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, or place of employment of the petitioner, or any specified place frequented by the petitioner and any designated family or household member;

(5) Prohibit the respondent from using or possessing a firearm or other weapon specified by the court;

(6) 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;

(7) Grant temporary custody of any minor children to the petitioner; and

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

(c) A court may grant the following relief in an order for protection or a modification of an order after notice and hearing, whether or not the respondent appears:

(1) Grant the relief available in accordance with subsection(b).

(2) Specify arrangements for visitation of any minor child by the respondent and require supervision of that visitation by the third party or deny visitation if necessary to protect the safety of the petitioner or child.

(3) Order the respondent to pay attorney's fees.

(4) Order the respondent to:

(a) Pay rent or make payment on a mortgage on the petitioner's residence and pay for the support of the petitioner and minor child if the respondent is found to have a duty to support the petitioner or minor child.

(b) Reimburse the petitioner or other person for any expenses associated with the domestic or family violence, including but not limited to medical expenses, counseling, shelter, and repair or replacement of damaged property; and

(c) Pay the costs and fees incurred by the petitioner in bringing the action;

(d) The Court shall:

(1) Cause the order to be delivered to the appropriate authority for service;

(2) Make reasonable efforts to ensure that the order for protection is understood by the petitioner, and the respondent, if present;

(3) Transmit, by the end of the next business day after the order is issued, a copy of the order for protection to the local law enforcement agency or agencies designated by the petitioner; and

(4) Transmit a copy of the order to the American Samoa Registry.

(e) An order for protection issued ex parte or upon notice and hearing or a modification of an order for protection issued ex parte or upon notice and hearing is effective until further order of the court.

(f) The designated authority shall provide expedited service for orders for protection.

History: 2004, PL 28-16.