(2)2.2 Orders & Qualifications

(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.

(a) Bench Warrant:

1. Probable cause exists to believe that a criminal offense has been committed; and
2. Probable cause exists to believe that the person named in the warrant committed the offense; and
3. The warrant is supported by oath or affirmation, including a sworn statement or affidavit; and
4. The warrant particularly describes the person to be arrested; and
5. The warrant is issued by a court of competent jurisdiction.

(b) Search Warrant:

1. Probable cause exists to believe that a criminal offense has been committed; and
2. 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
3. The warrant is supported by oath or affirmation, including a sworn statement or affidavit, setting forth facts sufficient to establish probable cause; and
4. The warrant particularly describes the place to be searched and the items or persons to be seized; and
5. 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.

(a) Subpoena for Testimony:

1. The testimony sought is relevant and material to an official proceeding; and
2. The person named in the subpoena is reasonably believed to possess information pertinent to the proceeding; and
3. The subpoena clearly identifies the person required to appear and testify; and
4. The subpoena specifies the time, date, and place at which testimony is required; and
5. The subpoena is issued by a court of competent jurisdiction.

(b) Subpoena for Discovery:

1. The items, records, or information sought are relevant and material to an official proceeding; and
2. The person or entity named in the subpoena is reasonably believed to possess or control the items sought; and
3. The subpoena particularly describes the items, records, or information to be produced; and
4. The subpoena specifies a reasonable time, date, and manner for production; and
5. 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.

(a) Application by Protected Person:

1. The order is requested by the alleged victim or protected person, or by a lawful guardian acting on their behalf; and
2. The applicant affirms under oath or affirmation the factual basis for the requested protection.

(b) Judicial Findings:

1. 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
2. The court finds that the order is necessary to prevent further harm or intimidation.

(c) Scope and Particularity:

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

(d) Duration and Maintenance:

1. The order is issued for a defined duration; and
2. 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.

(e) Issuance by Court:

The order is issued by a court of competent jurisdiction.