40B107. Ex Parte Temporary Order for Protection
(a) Where it appears from the petition and any additional evidence that the respondent has engaged in stalking conduct and that irreparable injury could result if an order is not issued immediately without prior notice, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant such injunctive relief as it deems proper, including the relief as specified under § 40B106(b)(1)-(4) of this Chapter.
(b) Irreparable injury under this Section includes, but is not limited to, situations in which the respondent has recently threatened the petitioner with bodily injury or has engaged in acts of stalking conduct against the petitioner.
(c) 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 injure 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.
(d) If the court declines to issue an ex parte temporary stalking protection order, the court shall state the particular reasons for the court’s denial.
(e) 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).