Restrictions on issuance of mutual orders for protection against abuse.

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25-10-5.2. Restrictions on issuance of mutual orders for protection against abuse.

No court may, pursuant to the provisions of §25-10-5, issue a mutual order enjoining both petitioner and respondent from committing acts of domestic abuse unless:

(1)Both the petitioner and the respondent personally appear;

(2)The respondent alleges, under oath, the existence of domestic abuse by stating the specific facts and circumstances of the domestic abuse;

(3)The court finds, by a preponderance of the evidence, that domestic abuse has taken place.

Source: SL 1996, ch 169.


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