Viewing an earlier, undated versionView current (a) Any order of protection granted under this chapter shall be to protect the petitioner or the abused person or persons on whose behalf the petition was filed and may include:
- (1) Temporarily enjoining the respondent from abusing, threatening to abuse, or molesting the petitioner or the person or persons on whose behalf the petition was filed.
- (2) Temporarily enjoining the respondent from communicating or attempting to communicate with the petitioner in any way which would violate the provisions of this chapter and temporarily enjoining the respondent from entering or attempting to enter the petitioner's place of residence, employment, education, or other location as the court may order.
- (b) Every order of protection issued pursuant to this chapter shall conspicuously bear the following language: "Violation of this order is a criminal offense punishable by thirty days in jail or a fine of two hundred dollars or may constitute contempt of court punishable by up to one year in jail and/or a fine not to exceed fifteen hundred dollars".
(c) When the court has, after a hearing for any order of protection, issued an order of protection, it may, in addition:
- (1) Award temporary custody and temporary visitation rights with regard to minor children living in the home over whom the parties have custody.
- (2) Direct the respondent to pay temporary financial support for the petitioner and minor child unless the respondent has no duty to support the petitioner or minor child.
- (3) When the respondent has a legal duty to support the petitioner or minor children living in the household and the household's residence is jointly leased or owned by the parties or the respondent is the sole owner or lessee, grant temporary possession to the petitioner of the residence to the exclusion of the respondent.
- (4) Prohibit the transferring, destruction, encumbering, or otherwise disposing of real or personal property mutually owned or leased by the parties or in which one party claims an equitable interest, except when in the ordinary course of business.
- (5) Provide for temporary possession of the personal property of the parties and order assistance from law enforcement officers in removing personal property of the petitioner if the respondent's eviction has not been ordered.
- (6) Award costs and attorneys' fees to either party.
- (7) Award any other relief authorized by Section 20-7-420; provided, however, the court must have due regard for any prior Family Court orders issued in an action between the parties.
- (d) No protective order issued pursuant to this chapter may, in any manner, affect the title to real property.
- (e) No mutual order of protection may be granted unless the court sets forth findings of fact necessitating the mutual order or unless both parties consent to a mutual order.