Remedies

(a)If the court finds by a preponderance of the evidence that the petitioner has been a victim of nonconsensual sexual contact or nonconsensual sexual penetration by the respondent, the court COL 6/21/2023 CH. 40A SEXUAL OFFENSE PROTECTION ORDER shall issue a sexual offense protection order. The petitioner shall not be denied a sexual offense protection order because the petitioner or the respondent is a minor or because the petitioner did not report the assault to law enforcement. The court, when determining whether or not to issue a sexual offense protection order, may not require proof of physical injury on the person of the victim or proof that the petitioner has reported the sexual assault to law enforcement.

(b)The court may provide relief as follows:

(1)restrain the respondent from having any contact, including nonphysical contact, with the petitioner directly, indirectly, or through third parties regardless of whether those third parties know of the order;

(2)exclude the respondent from the petitioner’s residence, workplace, or school, or from the day care or school of a child, if the victim is a child;

(3)prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance from a specified location; and

(4)order any other injunctive relief as necessary or appropriate for the protection of the petitioner.

(c)Denial of a remedy may not be based, in whole or in part, on evidence that:

(1)the respondent was voluntarily intoxicated;

(2)the petitioner was voluntarily intoxicated; or

(3)the petitioner engaged in limited consensual sexual touching.

(d)The court may order the respondent to surrender all firearms, ammunition, permits to purchase firearms, permits to carry firearms, and other dangerous weapons that are in the care, custody, possession, ownership, or control of the respondent if the court finds any of the following factors are present and the petitioner requests that the respondent’s firearms, ammunition, permits to purchase firearms, permits to carry concealed firearms, and other dangerous weapons be seized: COL 6/21/2023 CH. 40A SEXUAL OFFENSE PROTECTION ORDER

(1)the use or threatened use of a dangerous weapon by the respondent or a pattern of prior conduct involving the use or threatened use of violence with a firearm against persons;

(2)threats to seriously injure or kill the petitioner or minor child by the respondent;

(3)threats to commit suicide by the respondent; or

(4)serious injuries inflicted by the respondent upon the petitioner or a minor child.

(e)Any protection order shall be for a fixed period of time as the court deems appropriate. The court may amend its order or agreement at any time upon subsequent petition or motion filed by either party.

(f)A knowing violation of a court order issued under this Section is a misdemeanor punishable by imprisonment of no less than forty-eight

(48)hours and not more than one

(1)year, and by a fine of not more than One Thousand Dollars ($1,000).