English
Español40A107. Ex Parte Temporary Order for Protection
(a) An ex parte temporary sexual offense protection order shall issue if the petitioner satisfies the requirements of this Subsection by a preponderance of the evidence. The petitioner shall establish that:
(1) the petitioner has been a victim of nonconsensual sexual contact or nonconsensual sexual penetration by the respondent; and
(2) there is good cause to grant the remedy, regardless of the lack of prior service of process or of notice upon the respondent, because the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner’s efforts to obtain judicial relief.
(b) Upon issuance of an ex parte order, the court may order the respondent to surrender all firearms, ammunition, permits to purchase firearms, permits to carry firearms, and other dangerous weapons that are in the care, custody, possession, ownership, or control of the respondent if the court finds any of the following factors are present and the petitioner requests that the respondent’s firearms, ammunition, permits to purchase firearms, permits to carry concealed firearms, and other dangerous weapons be seized:
(1) the use or threatened use of a dangerous weapon by the respondent or a pattern of prior conduct involving the use or threatened use of violence with a firearm against persons;
(2) threats to seriously injury or kill the petitioner or minor child by the respondent;
(3) threats to commit suicide by the respondent; or
(4) serious injuries inflicted by the respondent upon the petitioner or a minor child.
(c) If the court declines to issue an ex parte temporary sexual offense protection order, the court shall state the particular reasons for the court’s denial.
(d) A knowing violation of a court order issued under this Section is a misdemeanor punishable by imprisonment of no less than forty-eight (48) hours and not more than one (1) year, and by a fine of not more than One Thousand Dollars ($1,000).
