TITLE 39

HEALTH AND SAFETY

CHAPTER 63

DOMESTIC VIOLENCE CRIME PREVENTION

39-6304.  Action for protection. (1) There shall exist an action known as a "petition for a protection order" in cases of domestic violence.

(2)  A person may seek relief from domestic violence by filing a petition based on a sworn affidavit with the magistrates division of the district court, alleging that the person or a family or household member, whether an adult or a child, is the victim of domestic violence. Any petition properly filed under this chapter may seek protection for any additional persons covered by this chapter. A custodial or noncustodial parent or guardian may file a petition on behalf of a minor child who is the victim of domestic violence.

(3)  A person’s right to petition for relief under this chapter shall not be affected by that person’s having left the residence or household to avoid abuse.

(4)  The petition shall disclose the existence of any custody or any marital annulment, dissolution or separation proceedings pending between the parties, the existence of any other custody order affecting the children of the parties, and the existence of child protection or adoption proceedings affecting the children of any party.

(5)  When the petitioner requests custody of any child, the petition shall disclose:

(a)  The county and state where the child has resided for six (6) months immediately prior to the filing of the petition;

(b)  The party or other responsible person with whom the child is presently residing; and

(c)  The party or other responsible person with whom the child has resided for six (6) months immediately prior to the filing of the petition.

(6)  A petition shall be filed in the county of the respondent’s residence, the petitioner’s residence, or where the petitioner is temporarily residing.

History:

[39-6304, added 1988, ch. 341, sec. 1, p. 1014; am. 1989, ch. 136, sec. 3, p. 307; am. 2000, ch. 136, sec. 2, p. 356.]