View source for (2)2.2 Orders & Qualifications

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=(2)2.2 Orders and Qualifications=
This section provides statutes related to judiciary orders and the qualifications that shall be met for issuance.

== (2)2.2.1 Warrants ==
A court of competent jurisdiction shall only order the issuance of a warrant if the following qualifications of this statute are satisfied.

<b>(a) Bench Warrant</b>:
#Probable cause exists to believe that a criminal offense has been committed; and
#Probable cause exists to believe that the person named in the warrant committed the offense; and
#The warrant is supported by oath or affirmation, including a sworn statement or affidavit; and
#The warrant particularly describes the person to be arrested; and
#The warrant is issued by a court of competent jurisdiction.

<b>(b) Search Warrant</b>:
#Probable cause exists to believe that a criminal offense has been committed; and
#Probable cause exists to believe that evidence, contraband, fruits of a crime, or instrumentalities of a crime will be found in the place to be searched; and
#The warrant is supported by oath or affirmation, including a sworn statement or affidavit, setting forth facts sufficient to establish probable cause; and
#The warrant particularly describes the place to be searched and the items or persons to be seized; and
#The warrant is issued by a court of competent jurisdiction.

== (2)2.2.2 Subpoenas ==
A court of competent jurisdiction shall only order the issuance of a warrant if the following qualifications of this statute are satisfied. 

<b>(a) Subpoena for Testimony</b>:
#The testimony sought is relevant and material to an official proceeding; and
#The person named in the subpoena is reasonably believed to possess information pertinent to the proceeding; and
#The subpoena clearly identifies the person required to appear and testify; and
#The subpoena specifies the time, date, and place at which testimony is required; and
#The subpoena is issued by a court of competent jurisdiction.

<b>(b) Subpoena for Discovery</b>:
#The items, records, or information sought are relevant and material to an official proceeding; and
#The person or entity named in the subpoena is reasonably believed to possess or control the items sought; and
#The subpoena particularly describes the items, records, or information to be produced; and
#The subpoena specifies a reasonable time, date, and manner for production; and
#The subpoena is issued by a court of competent jurisdiction.

== (2)2.2.3 Order of Protection ==
A court of competent jurisdiction shall only order the issuance of an Order of Protection if the following qualifications of this statute are satisfied.

<b>(a) Application by Protected Person:</b>
#The order is requested by the alleged victim or protected person, or by a lawful guardian acting on their behalf; and
#The applicant affirms under oath or affirmation the factual basis for the requested protection.

<b>(b) Judicial Findings</b>:
#The court finds reasonable grounds to believe that the respondent has engaged in conduct that constitutes harassment, stalking, threats, violence, or other unlawful or coercive conduct toward the applicant; and
#The court finds that the order is necessary to prevent further harm or intimidation.

<b>(c) Scope and Particularity</b>:

#The order clearly identifies the protected person and the respondent; and
#The order particularly describes the prohibited conduct, restrictions, or required conditions imposed upon the respondent; and
#Any geographic, contact, or proximity restrictions are narrowly tailored to the circumstances.

<b>(d) Duration and Maintenance</b>:

#The order is issued for a defined duration; and
#The order shall remain in effect only so long as the protected person affirmatively maintains the order through the court as required by statute or court rule.

<b>(e) Issuance by Court</b>:

The order is issued by a court of competent jurisdiction.

== (2)2.2.4 Order of No Contact ==
A court of competent jurisdiction shall only order the issuance of an Order of Protection if the following qualifications of this statute are satisfied.

<b>(a) State Initiation</b>:

#The order is issued upon motion of the court or the prosecuting authority; and
#The order is not contingent upon application, consent, or maintenance by any private party.

<b>(b) Eligible Circumstances</b>:

#The respondent is charged as a defendant in a criminal proceeding; and
#The order is reasonably necessary to:
#Prevent intimidation, harassment, or retaliation against a victim or witness; or
#Preserve the integrity of judicial proceedings; or
#Prevent collusion, coordination, or obstruction between co-defendants.

<b>(c) Judicial Findings</b>:

#The court finds reasonable grounds to believe that contact between the respondent and the protected person or co-defendant would pose a risk to safety, fairness of proceedings, or administration of justice; and
#The order is necessary and proportionate to the circumstances.

<b>(d) Scope and Particularity</b>:

#The order clearly identifies the respondent and the protected person or persons; and
#The order particularly describes the prohibited contact or communication; and
#Any geographic or proximity restrictions are narrowly tailored.

<b>(e) Duration</b>:

The order remains in effect only for the pendency of the underlying criminal proceeding, unless modified or terminated by the court.

<b>(f) Issuance by Court</b>:

The order is issued by a court of competent jurisdiction.

== (2)2.2.5 Order to Appear ==
A court of competent jurisdiction may issue an Order to Appear in lieu of a warrant when authorized by this section.

<b>(a) Purpose</b>:

To compel a person to appear before the court at a specified time and place; and
To initiate or continue judicial proceedings without immediate arrest.

<b>(b) Qualifications</b>:

The court has jurisdiction over the person or proceeding; and
The person is reasonably believed to be capable of appearing as ordered; and
Issuance of a warrant is not necessary to ensure appearance or public safety.

<b>(c) Contents</b>:

The order clearly identifies the person required to appear; and
The order specifies the time, date, and place of appearance; and
The order states the legal authority and proceeding for which appearance is required.

<b>(d) Service and Notice</b>:

The person shall receive actual notice of the order, which may be accomplished by personal service, electronic service where authorized, or service through counsel of record.

<b>(e) Failure to Appear</b>:

Willful failure to comply with an Order to Appear may result in issuance of a bench warrant, contempt proceedings, or prosecution under Title 6 where expressly authorized by statute.

<b>(f) Issuance by Court</b>:

The order is issued by a court of competent jurisdiction.

== (2)2.2.6 Contempt ==
A court of competent jurisdiction may hold a person in contempt only in accordance with the provisions of this subsection.

<b>(a) Civil Contempt</b>:
A person is in civil contempt if he or she willfully fails or refuses to comply with a lawful order of the court, and the purpose of the sanction is to compel compliance.

#The court shall find that the order was clear, lawful, and within the court’s authority; and
#The person had actual notice of the order and a present ability to comply; and
#The contempt sanction is coercive in nature and shall terminate upon compliance.

<b>(b) Criminal Contempt</b>:
A person is in criminal contempt if he or she willfully disobeys, obstructs, or openly defies a lawful order of the court, and the purpose of the sanction is punitive.

#The court shall find that the order was clear, lawful, and within the court’s authority; and
#The person had actual notice of the order; and
#The contemptuous conduct was willful; and
#The sanction imposed is proportionate to the conduct.

<b>(c) Direct and Indirect Contempt</b>:

Direct contempt occurs in the presence of the court and may be addressed summarily to maintain order and authority; and
Indirect contempt occurs outside the presence of the court and shall be adjudicated with notice and an opportunity to be heard.

<b>(d) Limitations</b>:

#Contempt shall not be used as a substitute for prosecution of a criminal offense; and
#No person shall be held in contempt for failure to comply with an order that is vague, unlawful, or impossible to perform; and
#Civil contempt shall not be imposed for a punitive purpose.

<b>(e) Sanctions and Limits</b>:

#A sentence of incarceration for criminal contempt shall not exceed 90 days for any single act of contempt; and
#A sentence of incarceration for direct contempt imposed summarily shall not exceed 5 days; and
#Incarceration for civil contempt shall continue only so long as the contemnor has the present ability to comply and shall terminate immediately upon compliance.

<b>(f) Review and Termination</b>:

#Any incarceration for civil contempt shall be subject to judicial review at reasonable intervals not to exceed 30 days; and
#Civil contempt shall be terminated if the court finds that compliance has become impossible.

<b>(g) Issuance by Court</b>:

A finding of contempt shall be made only by a court of competent jurisdiction.