[§587A-38] Protective order.

324 words·~1 min read·/hi/587a-38

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)After a petition has been filed with the court under this chapter, the court, upon such hearing as the court deems to be appropriate, may issue a protective order to restrain any party from contacting, threatening, or physically abusing any other party or a child, if the court finds that a protective order is necessary to prevent domestic abuse (as that term and its component terms are defined in section 586-1) or a recurrence of domestic abuse.

(b)The protective order shall enjoin a party to be restrained from performing any combination of the following acts:

(1)Contacting, threatening, or physically abusing any protected party or child;

(2)Contacting, threatening, or physically abusing any person residing at the dwelling or residence of any protected party or child; and

(3)Entering or visiting the dwelling or residence of any protected party or child.

(c)The protective order may provide for further relief as the court deems necessary to prevent the occurrence or recurrence of domestic abuse.

(d)The protective order may require a party to leave the party's dwelling or residence during the period of time in which the protective order is in effect.

(e)The protective order shall be binding upon not only any party against whom the protective order is directed, but also upon each such party's officers, agents, servants, employees, attorneys, and any other persons in active concert or participation with each such party.

(f)The court may order that an individual be made a party for the limited purpose of issuing a protective order against that individual.

(g)Upon application and a hearing, the court may modify the terms of, or terminate, an existing protective order.

(h)Any party may provide to appropriate law enforcement authorities a copy of a protective order issued pursuant to this section.

(i)The protective order shall become effective upon service pursuant to section 587A-39(a). [L 2010, c 135, pt of §1]