DOCSLIB.ORG

Sexual Assault Protection Order Matrix Revised 2015

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Sexual Assault Protection Order Matrix Revised 2015 Sexual Assault Protection Order Matrix Revised 2015 National Center on Protection Orders and Full Faith & Credit 1901 North Fort Myer Drive, Suite 1011 Arlington, Virginia 22209 Toll Free: (800) 903-0111, prompt 2 Direct: (703) 312-7922 Fax: (703) 312-7966 Email: [email protected] Website: http://www.fullfaithandcredit.org State statutes are constantly changing. Please independently verify the information found in this document. If you have a correction or update, please contact us at (800) 903-0111, prompt 2 or via email at [email protected]. This project is supported by Grant No. 2014-TA-AX-K046 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice, Office on Violence Against Women. Compiled by the National Center on Protection Orders and Full Faith & Credit TABLE OF CONTENTS NOTE: For your convenience, hyperlinks are located on each state name in this Table of Contents. For faster access, please select the name of the state you would like to view. ALABAMA .................................................................................... 3 MONTANA ............................................................................... 159 ALASKA ....................................................................................... 8 NEBRASKA ............................................................................... 161 ARIZONA ................................................................................... 12 NEVADA .................................................................................. 165 ARKANSAS ................................................................................. 15 NEW HAMPSHIRE..................................................................... 171 CALIFORNIA ............................................................................... 21 NEW JERSEY ............................................................................. 178 COLORADO ................................................................................ 38 NEW MEXICO ........................................................................... 184 CONNECTICUT............................................................................ 43 NEW YORK ............................................................................... 189 DELAWARE ................................................................................ 47 NORTH CAROLINA .................................................................... 193 FLORIDA .................................................................................... 56 NORTH DAKOTA ...................................................................... 196 GEORGIA ................................................................................... 62 OHIO ....................................................................................... 199 HAWAII ..................................................................................... 65 OKLAHOMA ............................................................................. 206 IDAHO ....................................................................................... 73 OREGON .................................................................................. 212 ILLINOIS ..................................................................................... 74 PENNSYLVANIA ........................................................................ 217 INDIANA .................................................................................... 82 RHODE ISLAND ........................................................................ 225 IOWA ........................................................................................ 96 SOUTH CAROLINA .................................................................... 227 KANSAS ..................................................................................... 99 SOUTH DAKOTA ....................................................................... 231 KENTUCKY ............................................................................... 103 TENNESSEE .............................................................................. 234 LOUISIANA .............................................................................. 106 TEXAS ...................................................................................... 239 MAINE ..................................................................................... 113 UTAH ....................................................................................... 245 MARYLAND .............................................................................. 117 VERMONT................................................................................ 251 MASSACHUSETTS ..................................................................... 123 VIRGINIA ................................................................................. 256 MICHIGAN ............................................................................... 127 WASHINGTON ......................................................................... 259 MINNESOTA ............................................................................ 139 WEST VIRGINIA ........................................................................ 262 MISSISSIPPI ............................................................................. 152 WISCONSIN ............................................................................. 268 MISSOURI ................................................................................ 156 WYOMING ............................................................................... 275 2 STATE STATE PROVISIONS ALABAMA Definition of Sexual ALA. CODE § 30-5-2 (2015). Abuse/Assault § 30-5-2. Definitions. I. Sexual abuse. Any sexual offenses included in Article 4, commencing with Section 13A-6-60, of Chapter 6 of Title 13A. ALA. CODE § 13A–6-61 (2015). § 13A–6-61. Rape; first degree. (a) A person commits the crime of rape in the first degree if: (1) He or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or (2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; or (3) He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old. (b) Rape in the first degree is a Class A felony. ALA. CODE § 13A–6-62 (2015). § 13A–6-62. Rape; second degree. (a) A person commits the crime of rape in the second degree if: (1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex. (2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective. (b) Rape in the second degree is a Class B felony. ALA. CODE § 13A–6-63 (2015). § 13A–6-63. Sodomy; first degree. a) A person commits the crime of sodomy in the first degree if: (1) He engages in deviate sexual intercourse with another person by forcible compulsion; or (2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being physically helpless or mentally incapacitated; or (3) He, being 16 years old or older, engages in deviate sexual intercourse with a person who is less than 12 years old. (b) Sodomy in the first degree is a Class A felony. 3 ALA. CODE § 13A–6-64 (2015). § 13A–6-64. Sodomy; second degree. (a) A person commits the crime of sodomy in the second degree if: (1) He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old. (2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective. (b) Sodomy in the second degree is a Class B felony. ALA. CODE § 13A–6-65 (2015). § 13A–6-65. Sexual misconduct. (a) A person commits the crime of sexual misconduct if: (1) Being a male, he engages in sexual intercourse with a female without her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with her consent where consent was obtained by the use of any fraud or artifice; or (2) Being a female, she engages in sexual intercourse with a male without his consent; or (3) He or she engages in deviate sexual intercourse with another person under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64. Consent is no defense to a prosecution under this subdivision. (b) Sexual misconduct is a Class A misdemeanor. ALA. CODE § 13A–6-65.1 (2015). § 13A–6-65.1. Sexual torture. (a) A person commits the crime of sexual torture: (1) By penetrating the vagina or anus or mouth of another person with an inanimate object by forcible compulsion with the intent to sexually torture or to sexually abuse. (2) By penetrating the vagina or anus or mouth of a person who is incapable of consent by reason of physical helplessness or mental incapacity with an inanimate object, with the intent to sexually torture or to sexually abuse. (3) By penetrating the vagina or anus or mouth of a person who is less than 12 years old with an inanimate object, by a person who is 16 years old or older with
Load more

Recommended publications
  • Legal Series #4 Bulletin, Enforcement of Protective Orders
    U.S. Department of Justice Office of Justice Programs Office for Victims of Crime J ANUARY 2002 LEGAL SERIES B Enforcement of U L L E #4 T I Protective Orders N Message From Introduction o deter violent, abusive, and intimidating acts against victims, both civil and crim­ the Director inal courts have been granted the authority to restrain improper conduct. Referred Over the past three decades, the to as “restraining orders,” “injunctions,” or “protective orders,” these orders restrict criminal justice field has witnessed an Tor prohibit one individual’s behavior to protect another individual. Although protective astounding proliferation of statutory orders are most often thought of in conjunction with domestic violence, state legislatures enhancements benefiting people who have advocated their use to restrict stalking conduct, prevent abuse of elderly or disabled are most directly and intimately affect­ individuals and children, and protect crime victims and witnesses from harassment by ed by crime.To date, all states have defendants. passed some form of legislation to ben­ efit victims. In addition, 32 states have Recently, states have provided for protective orders in new contexts. For example, in recognized the supreme importance of fundamental and express rights for California, an employer whose employee has been the subject of unlawful violence or a crime victims by raising those protec­ credible threat in the workplace may seek a protective order on the employee’s behalf.1 tions to the constitutional level. In Maine, petition for
    [Show full text]
  • Stalking Courtwatch Project
    STALKING COURTWATCH PROJECT REPORT Improving the Effectiveness of Court Processes for Individuals Seeking Stalking Protective Orders Multnomah County Family Violence Coordinating Council JANUARY 2004 Table of Contents Acknowledgements ...................................................................................................................... ii Introduction and Background ......................................................................................................1 Findings .........................................................................................................................................3 Recommendations ........................................................................................................................6 References .....................................................................................................................................9 Appendixes Appendix A: Oregon’s Stalking Protective Order Law ................................................................10 Appendix B: Multnomah County Circuit Court Self-Petition Complaint Form .............................11 Appendix C: Courtwatch Ex Parte Hearing Data Collection Form ..............................................13 Appendix D: Courtwatch Contested (Final) Hearing Data Collection Form.................................16 Appendix E: Restraining Order v. Stalking Protective Order: A Comparison ............................20 Appendix F: Stalking Protective Order .........................................................................................22
    [Show full text]
  • Indiana Protective Order Forms
    SPECIAL PROCESSES & PROCEDURES CONTACT: PROTECTION ORDERS & PROTECTION ORDER Melissa Arvin REGISTRY [email protected] The Indiana General Assembly charged the Division of State Court Administration [now the Office of Judicial Administration’s Indiana Office of Court Services (IOCS)] with the responsibility of designing and updating the forms used in protection order proceedings. To fulfill this duty, IOCS has been working closely with the Protection Order Committee established by the Indiana Supreme Court within the Judicial Conference of Indiana. The Committee explores and considers ways to improve the protection order process. Trial court judges, magistrates, and trial court clerks comprise the membership of the Committee with the IOCS providing staff support. The Protection Order Committee created and distributed a Protection Order Deskbook to trial court clerks, judges, and magistrates. Clerks should consult Chapter 2 in the Protection Order Deskbook for a very thorough discussion of the duties of a clerk with respect to protection orders. Forms The Protection Order Committee has developed a comprehensive set of forms divided into four main categories: • protection orders, • no-contact orders, • workplace violence restraining orders and • child protection orders. The Protection Order Committee conducts a yearly update and provides newly approved forms in July of each year. Under Ind. Code 34-26-5-3(e)(2) and 34-26-6-13, the use of the official state forms is mandatory. Protection Order Registry The Indiana Supreme Court partnered with the Indiana Criminal Justice Institute and the Indiana State Police to receive two federal grants to create and implement the statewide Protection Order Registry (POR) which makes judicial orders available, without cost, to local, state, and national law enforcement courts.IN.gov 7/1/2021 1 agencies within minutes of issuance.
    [Show full text]
  • How to Obtain a Domestic Violence Restraining Order
    HOW TO OBTAIN A DOMESTIC VIOLENCE RESTRAINING ORDER Prepared by Elizabeth D. Kemper, Esq. UCLA Student Legal Services (June 2015) 1. In addition to these instructions, you will need to obtain a packet of forms from the court. You should go to a California Superior Court and ask for the Domestic Violence Restraining Orders packet, with the Domestic Violence Prevention Act (“DVPA”) forms. The forms also may be obtained online at www.courts.ca.gov. A list of the forms you will need is in Form DV-505. Complete Form DV-100, Request For Domestic Violence Restraining Order (the "Request"), Form DV-110, Temporary Restraining Order (the "TRO"), and Form DV-109, Notice of Hearing (the “Notice”), as well as any other forms that are applicable to your situation (e.g., a child custody order); you may need to complete Form DV-101, Description of Abuse, if there is more than one instance of abuse. You also will need to complete the Family Law Case Cover Sheet. You should type the documents, although you may print clearly in black ink. 2. Make six copies of each document before you go to the courthouse. You must punch the top of your documents with two holes (each hole approximately 3 inches from each margin). Special two hole punches are available at the filing window for you to use. If you have questions about how to punch your documents properly, ask the clerk at the filing window before you appear before the judge. 3. Before going to the courthouse, you are supposed to give the person who has threatened or injured you (the "defendant") advance notice that you are going to ask the court to issue a Temporary Restraining Order (a "TRO") against him or her, unless you believe it would be dangerous to do so.
    [Show full text]
  • Temporary Restraining Orders and Gun Violence in Connecticut
    Temporary Restraining Orders and Fatal domestic violence is frequently Gun Violence in Connecticut caused by guns. Women are May 2015 Connecticut has strong gun laws, but one significant loophole leaves victims of intimate 500% partner violence vulnerable to gun violence: The state does not prohibit abusers subject more likely to be murdered by an to temporary restraining orders, or TROs, from possessing or purchasing guns. The intimate partner when state legislature is currently considering two bills—H.B. 6848 and S.B. 650—that would a gun is present and extend protections to victims of domestic violence during the critical period after they there is a history of have first filed for protection. domestic violence.7 What is a Temporary Restraining Order? Connecticut is home to high levels of gun violence that particularly affect victims of An individual in Connecticut who “has been subjected to a continuous threat of pres- domestic violence: ent physical pain or physical injury, stalking or a pattern of threatening” by a family or household member may seek a restraining order from the Connecticut Superior Court. Between 2000 and 2012, Upon demonstrating that the individual faces “an immediate and present physical dan- 188 people ger,” the Court may issue a TRO that remains in effect for up to 14 days pending a full in Connecticut were killed by 8 hearing on the restraining order application. The TRO provides court-ordered protec- an intimate partner. tion in the period between when she or he initially files for an order of protection and Of those murdered by an the hearing at which a judge considers the application and hears from the respondent.1 intimate partner, 39 percent were killed with a gun.9 The period immediately following the issuance of a TRO is one of the most dangerous for victims in abusive relationships.
    [Show full text]
  • A Temporary Restraining Order and a Motion for Preliminary Injunction
    Case 2:18-cv-02075-PBT Document 13-2 Filed 06/07/18 Page 1 of 38 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH, and CATHOLIC SOCIAL SERVICES, Plaintiffs, Civil Action No. 18-2075 v. Assigned to the Honorable Judge Tucker CITY OF PHILADELPHIA, DEPARTMENT Oral Argument Requested OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, and PHILADELPHIA COMMISSION ON HUMAN RELATIONS, Defendants. MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS’ MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION Case 2:18-cv-02075-PBT Document 13-2 Filed 06/07/18 Page 2 of 38 TABLE OF CONTENTS Page INTRODUCTION ...........................................................................................................................1 STATEMENT OF FACTS ..............................................................................................................2 PROCEDURAL HISTORY .............................................................................................................7 STATEMENT OF THE LAW .........................................................................................................9 ARGUMENT .................................................................................................................................10 I. Plaintiffs have a reasonable probability of prevailing on the merits .................................10 A. Plaintiffs are likely to prevail on their claim under the Pennsylvania Religious Freedom Act (RFPA) claims. ................................................................10
    [Show full text]
  • Adult Abuse/Stalking Order of Protection Issued Are Enforceable by All Remedies Available at Law for the Enforcement of a Judgment
    ORDERS OF PROTECTION – ADULT INFORMATION FOR BOTH PARTIES Missouri’s Domestic Violence Act provides protective relief for victims of domestic violence, stalking, or sexual assault. Chapter 455, Missouri Revised Statutes ADULT ABUSE / STALKING ORDER OF PROTECTION WHAT IS AN ORDER OF PROTECTION? An order of protection is an order issued by a Missouri court pursuant to the Domestic Violence Act that restrains a person from abusing, stalking, sexually assaulting, or harassing another person. Unlike a restraining order, an order of protection carries criminal penalties for violation. An order of protection is valid in every state and should be upheld by law enforcement in every state. There are two types of orders of protection: an ex parte order of protection and a full order of protection. An ex parte order of protection is issued by the court before the person against whom the order is directed has received notice of the petition or an opportunity to be heard in court. It is a temporary order. See more information regarding ex parte orders of protection on page 5. A full order of protection is issued after a hearing on the record when the person against whom the order is directed has received notice of the proceedings and has had an opportunity to be heard. See more information regarding full orders of protection on page 6. WHO ARE THE PARTIES? Petitioner A family or household member who has been a victim of domestic violence, or any person who has been the victim of stalking or sexual assault, who has filed a verified petition pursuant to the provisions of section 455.020, RSMo.
    [Show full text]
  • Stalking : Intervention Orders
    STALKING: INTERVENTION ORDERS John Willis and Marilyn McMahon School of Law & Legal Studies, La Trobe University Paper presented at the Stalking: Criminal Justice Responses Conference convened by the Australian Institute of Criminology and held in Sydney 7-8 December 2000 Introduction: Aims In this paper we explore a particular feature of selected anti-stalking legislation: the creation of intervention orders as a means (independently of, conjointly with, or subsequent to, criminal proceedings for stalking) of regulating stalking behaviour. We intend to: a) briefly review salient features of selected anti-stalking legislation b) consider the rationale for, and characteristics of, intervention orders for this purpose c) consider in some detail the particular provisions that apply in Victoria d) analyse the utilisation of anti-stalking intervention orders in one problematic category of disputes: disputes between neighbours e) evaluate the utility of intervention orders for this type of dispute. In Every Australian State and Territory The first Australian state to introduce (but not to pass) anti-stalking legislation was South Australia. In the midst of a State election campaign, the Attorney General of South Australia introduced the Criminal Law Consolidation (Stalking) Amendment Bill which made it an offence for a person to, on at least two occasions, harass a person with the intention of causing him or her to fear for his or her life or cause mental harm, apprehension or fear; the bill was finally passed in 1994. Before it had passed, however, Queensland had already introduced its own form of anti-stalking legislation. Subsequently, similar legislation has been introduced in every other Australian State and Territory.1 Thus, within a period of 3 years, each jurisdiction in Australia passed anti-stalking legislation.
    [Show full text]
  • County Court Restraining Orders
    Answers to Your Questions About County Court Restraining Orders Excellence in Customer Service Colorado Judicial Branch http://www.courts.state.co.us June 2002 CIVIL LAW In a civil case, the person seeking the restraining order is the petitioner. The person who is being restrained is the respondent/defendant. A victim of domestic violence, or any victim of violence or one who is in fear of personal harm, may go to civil court to get a restraining order, which is enforceable statewide and nationwide. There are two stages for getting a restraining order in Colorado: • First, you must obtain a temporary restraining order (TRO). The TRO lasts up to 14 days. It will state the date and time you must return to make the order permanent (the permanent hearing). • Second, you must return to court on the date indicated on the TRO for the court to issue a permanent restrain- ing order (PRO). If you do not return at this time, the TRO will expire. It will no longer protect you or your child. Once you obtain a PRO, the length of the PRO is at the discretion of the judge (except the part about children, which lasts no more than 120 days). The PRO is enforceable wherever you go. Advantages of civil court restraining orders: • Speedy relief. A judge usually can decide a TRO on the same day you request it. • No attorney necessary. You do not need an attorney to get a TRO. • Personal protection. A restraining order can do a lot more than order the defendant not to harm you.
    [Show full text]
  • CIVIL HARASSMENT RESTRAINING ORDER Protect Yourself from Abuse & Harassment This Guide Includes Instructions and Sample Forms
    Sacramento County Public Law Library & Civil Self Help Center ALERT: COVID-19 has temporarily changed the way courts are609 9th St. providing services. Our guides do not reflect these Sacramento,temporary changes. CA 95814 saclaw.org Contact the court directly for the most up to date information(916) on court874-6012 processes and procedures. www.saccourt.ca.gov >> Home >> Law 101 CIVIL HARASSMENT RESTRAINING ORDER Protect Yourself from Abuse & Harassment This Guide includes instructions and sample forms. Links to download the fillable forms are at the end of this Guide. Additional copies of this Guide can be accessed at saclaw.org/chro. BACKGROUND Need protection from family or a This Guide is intended to provide simple instructions on romantic partner? how to request the Sacramento County Superior Court issue a Civil Harassment Restraining Order (CHRO). A CHRO is an order directing a person not to harass or If you need protection from someone engage in violence against you. In Sacramento, CHROs who is a member of your immediate are filed at the Gordon D. Schaber Sacramento County family or a current or ex romantic Courthouse, 720 Ninth Street, in downtown Sacramento. partner, you may need a Domestic Violence Restraining Order instead. You may seek protection if you are worried about your For information, see the Sacramento safety because you are being stalked, harassed, sexually Court’s website at assaulted, or threatened by someone you do not have a www.saccourt.ca.gov/restraining- family or past or present romantic relationship with, like a orders/domestic-violence.aspx neighbor, co-worker, or roommate.
    [Show full text]
  • Domestic Violence Victim Information
    HOW TO GET A RHODE ISLAND DOMESTIC VIOLENCE AGENCIES November 2017 revision Case Number: • HELPLINE (24-hour, toll free) (800) 494-8100 TEMPORARY • Blackstone Valley Advocacy Center (401) 723-3057 RESTRAINING ORDER • Domestic Violence Resource Center of South County [ ] (401) 782-3990 Applying for a Temporary Restraining Order • Elizabeth Buffum Chace Center (401) 738-1700 DOMESTIC (TRO) is not diffi cult. There are two (2) steps: • Sojourner House (401) 765-3232 • Women’s Resource Center (401) 846-5263 Go to the proper court and ll out paperwork, VIOLENCE including an a davit, which is your sworn, written 1 ADDITIONAL RESOURCES FOR VICTIMS statement about the incident(s) that have made you fear for your safety. You must provide the court with a • Center for Southeast Asians (401) 274-8811 VICTIM photograph identi cation to le the paperwork. A er this • Crossroads’ Domestic Violence Program (401) 861-2760 paperwork is led with the court, a judge will review the • Day One (sexual assault) (401) 421-4100 INFORMATION documents. e judge may or may not ask you questions. • Department of Children, Youth, and Families If the judge signs your order, the order is valid for up to 1-800 RI-CHILD or 1-800-742-4453 twenty-one (21) days. A duly authorized o cer will then • Department of Elderly Affairs (aged sixty (60) or over) serve your abuser with a copy of the TRO. (401) 462-3000 • Domestic Violence Court Advocate Offices - Restraining If you want your court-ordered protection to last order assistance for the Family and District Courts longer than the temporary period (up to twenty-one 2 - Providence/Bristol County (401) 458-3372 (21) days), you must attend a second hearing.
    [Show full text]
  • Petition for Temporary Restraining Order And/Or Injunction
    STATE OF WISCONSIN, CIRCUIT COURT, COUNTY Name of Child: Amended Name of Petitioner (if not the Child): Petition for -vs- Temporary Restraining Order Respondent/ and/or Petition and Motion for Defendant: Injunction Hearing Respondent’s Address: (Child Abuse – 30710) Case No. If there is a CHIPS proceeding involving the child or the respondent is a minor, Use JC-1690. Do not use this form. Respondent’s: Sex Race Date of Birth Height Weight Hair color Eye color Please specify Child’s relationship(s) to Respondent/Defendant: Respondent’s Distinguishing Features: spouse cousin classmate (such as scars, marks or tattoos) former spouse sibling grandchild person in dating relationship neighbor child (biological/adoptive/step) current or former live-in relationship None known. Other: [Be specific] CAUTION: Respondent has access to weapon(s). Type of weapon(s): (Check all that apply) Location of weapon(s): Weapon(s) were involved in an incident [past or present] involving the child. I am: [Check one] petitioner. stepparent of the petitioner. guardian ad litem for child. parent of the petitioner. legal guardian of the petitioner. Other: I PETITION THE COURT for a Temporary Restraining Order and/or Injunction against the respondent under §813.122, Wis. Stats., based on the following: 1. The name of the child is and date of birth is . 2. The respondent is is not a parent of the child. [If the respondent is a parent of the child, the court must appoint a guardian ad litem] 3. The respondent has engaged in, has threatened to engage in, or based on prior conduct of the child and the respondent, may engage in [Mark any of the following boxes that apply] a.
    [Show full text]