§586-11 
Violation of an order for protection.  (a)  [Repeal and reenactment on July 1, 2010.  L 2009, c 11,
§19.]  Whenever an order for protection
is granted pursuant to this chapter, a respondent or person to be restrained
who knowingly or intentionally violates the order for protection is guilty of a
misdemeanor.  A person convicted under this subsection shall undergo domestic
violence intervention at any available domestic violence program as ordered by
the court.  The court additionally shall sentence a person convicted under this
subsection as follows:



(1)  For a first
conviction for violation of the order for protection:



(A)  That
is in the nature of non-domestic abuse, the person may be sentenced to a jail
sentence of forty-eight hours and be fined not more than $150; provided that
the court shall not sentence a defendant to pay a fine unless the defendant is
or will be able to pay the fine;



(B)  That
is in the nature of domestic abuse, the person shall be sentenced to a
mandatory minimum jail sentence of not less than forty-eight hours and be fined
not less than $150 nor more than $500; provided that the court shall not
sentence a defendant to pay a fine unless the defendant is or will be able to
pay the fine;



(2)  For a second
conviction for violation of the order for protection:



(A)  That
is in the nature of non-domestic abuse, and occurs after a first conviction for
violation of the same order that was in the nature of non-domestic abuse, the
person shall be sentenced to a mandatory minimum jail sentence of not less than
forty-eight hours and be fined not more than $250; provided that the court
shall not sentence a defendant to pay a fine unless the defendant is or will be
able to pay the fine;



(B)  That
is in the nature of domestic abuse, and occurs after a first conviction for
violation of the same order that was in the nature of domestic abuse, the
person shall be sentenced to a mandatory minimum jail sentence of not less than
thirty days and be fined not less than $250 nor more than $1,000; provided that
the court shall not sentence a defendant to pay a fine unless the defendant is
or will be able to pay the fine;



(C)  That
is in the nature of non-domestic abuse, and occurs after a first conviction for
violation of the same order that was in the nature of domestic abuse, the
person shall be sentenced to a mandatory minimum jail sentence of not less than
forty-eight hours and be fined not more than $250; provided that the court
shall not sentence a defendant to pay a fine unless the defendant is or will be
able to pay the fine;



(D)  That
is in the nature of domestic abuse, and occurs after a first conviction for
violation of the same order that is in the nature of non-domestic abuse, the
person shall be sentenced to a mandatory minimum jail sentence of not less than
forty-eight hours and be fined not more than $150; provided that the court
shall not sentence a defendant to pay a fine unless the defendant is or will be
able to pay the fine;



(3)  For any
subsequent violation that occurs after a second conviction for violation of the
same order for protection, the person shall be sentenced to a mandatory minimum
jail sentence of not less than thirty days and be fined not less than $250 nor
more than $1,000; provided that the court shall not sentence a defendant to pay
a fine unless the defendant is or will be able to pay the fine.



Upon
conviction and sentencing of the defendant, the court shall order that the
defendant immediately be incarcerated to serve the mandatory minimum sentence
imposed; provided that the defendant may be admitted to bail pending appeal
pursuant to chapter 804.  The court may stay the imposition of the sentence if
special circumstances exist.



The court
may suspend any jail sentence under subparagraphs (1)(A) and (2)(C), upon
condition that the defendant remain alcohol and drug-free, conviction-free, or
complete court-ordered assessments or intervention.  Nothing in this subsection
shall be construed as limiting the discretion of the judge to impose additional
sanctions authorized in sentencing for a misdemeanor offense.  All remedies for
the enforcement of judgments shall apply to this chapter.



If the court finds that the defendant has
knowledge of the location of any protected party's residence, place of
employment, or school, in addition to any other penalties provided in this
subsection, the court may, as a condition of probation, prohibit contact with
the protected party through the establishment of court-defined geographic
exclusion zones, including the areas in and around the protected party's
residence, place of employment, or school, and order that the defendant wear a
global positioning satellite tracking device designed to transmit and record
the defendant's location data.  If the defendant enters a court-defined geographic
exclusion zone, the defendant's location data shall be immediately transmitted
to the protected party and to the police through any appropriate means,
including the telephone, an electronic beeper, or a paging device.  The global
positioning satellite tracking device and its tracking shall be administered by
the court.  If a court finds that the defendant has entered a geographic
exclusion zone, the court shall revoke the probation and the defendant shall be
fined, imprisoned, or both, as provided in this subsection.  Based on the
defendant's ability to pay, the court may also order the defendant to pay the
monthly costs or portion thereof for monitoring by the global positioning
satellite tracking system.



(b)  Any
fines collected pursuant to subsection (a) shall be deposited into the spouse
and child abuse special account established under section 601-3.6. [L
1982, c 123, pt of §2; am L 1992, c 290, §6; am L 1993, c 229, §1; am L 1999, c
200, §2; am L 2008, c 180, §§2, 6]



 



Case Notes



 



  Family court's dismissal of petition alleging misdemeanor
under section upheld where, under §586-6, defendant not personally served with
protective order and not present at hearing at which order issued, despite
defendant's actual knowledge of order.  72 H. 493, 824 P.2d 106.



  Allegations in its bill of particulars, to which the State's
proof was limited, that defendant argued with wife about visitation at wife's
residence, was insufficient to constitute a violation of this section, where
order of protection allowed limited contact with defendant's wife for the
purpose of visitation.  92 H. 449 (App.), 992 P.2d 718.



  Pursuant to this chapter, absent special circumstances, the
family court should not be involved in any stage of the prosecution of an
allegation of a knowing or intentional violation of a protective order by an
adult person, including the stage where the allegations are referred to the
police or the prosecutor, other than to simply advise interested parties that
the proper place to present such allegations is to the police or the
prosecutor, not to the family court.  99 H. 363 (App.), 55 P.3d 856.



  When defendant knowingly contacted wife to discuss a topic
other than visitation, defendant violated this section.  105 H. 274 (App.), 96
P.3d 603.