13-3624

13-3624. Emergency orders of
protection

A. In counties with a population of one hundred fifty thousand persons or more
according to the most recent United States decennial census, the presiding judge of the
superior court, during the hours that the courts are closed, shall make available on a
rotating basis a judge, justice of the peace, magistrate or commissioner who shall issue
emergency orders of protection by telephone.

B. In counties with a population of less than one hundred fifty thousand persons
according to the most recent United States decennial census, a judge, justice of the
peace, magistrate or commissioner may issue an emergency order by telephone. The court,
within twenty-four hours after a defendant is arrested for an act of domestic violence,
shall register a certified copy of the release order with the sheriff's office of the
county in which the order was issued. The court shall notify the sheriff's office of
material changes in the release order, if the conditions of the release order are no
longer in effect and when the charges are resolved. The sheriff in each county shall
maintain a central repository for release orders so that the existence and validity of
the orders can be easily verified. The law enforcement agency shall advise domestic
violence victims where the victim may verify the registration and conditions of a release
order.

C. The judge, justice of the peace, magistrate or commissioner who is authorized to
issue emergency orders of protection may issue a written or oral ex parte emergency order
of protection if a peace officer states that the officer has reasonable grounds to
believe that a person is in immediate and present danger of domestic violence based on an
allegation of a recent incident of actual domestic violence.

D. An emergency order of protection may include any of the following:

1. The defendant may be enjoined from committing a violation of one or more of the
offenses included in domestic violence.

2. One party may be granted the use and exclusive possession of the parties'
residence on a showing that there is reasonable cause to believe that physical harm may
otherwise result.

3. The defendant may be restrained from contacting the plaintiff, coming near the
residence, place of employment or school of the plaintiff or other specifically
designated locations or persons on a showing that there is reasonable cause to believe
that physical harm may otherwise result.

4. If the court finds that the defendant may inflict bodily injury or death on the
plaintiff, the defendant may be prohibited from possessing or purchasing a firearm for
the duration of the order.

E. An emergency order of protection expires at the close of the next day of
judicial business following the day of issue unless otherwise continued by the court.

F. A judge, justice of the peace, magistrate or commissioner may issue an oral
emergency order of protection pursuant to subsection C of this section upon request of
the alleged victim, if there is a finding that a person's life or health is in imminent
danger. If a person is either temporarily or permanently unable to request an order, a
third party may request an order of protection on behalf of the plaintiff. After the
request, the judicial officer shall determine if the third party is an appropriate
requesting party for the plaintiff. The officer who receives the verbal order shall
write and sign the order. The emergency order shall be served on the respondent, and a
copy shall be given to the protected party. The emergency order shall be filed as soon as
practicable after its issuance. The officer shall file a certificate of service with the
court and shall verbally notify the sheriff's office that the emergency order of
protection has been issued. If a person who is named in the order and who has not
received personal service of the order but has received actual notice of the existence
and substance of the order commits an act that violates the order, the person is subject
to any penalty for the violation.

G. The availability of an emergency order of protection is not affected by either
party leaving the residence.

H. A law enforcement agency that has jurisdiction to enforce an emergency order of
protection shall enforce the emergency order when it has reasonable cause to believe that
the order has been violated.

I. Failure of a law enforcement agency to enforce an emergency order of protection
pursuant to this section does not give rise to civil liability except pursuant to section
12-820.02.