Court Initiated Issuance of Sexual Offense

Protection Orders.

(a)When any person charged with or arrested for criminal sexual conduct as defined in Title 9 GCA Chapter 25, or any other crime as defined in Title 9 GCA Chapter 25A, Chapter 26, Chapter 28, and Chapter 89 is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim.

(1)A sexual offense protection order issued by the court in conjunction with criminal charges shall terminate if the respondent is acquitted or the charges are dismissed, unless the victim files an independent action for a sexual offense protection order. If the victim files an independent action for a sexual offense protection order, the order may be continued by the court until a full hearing is conducted pursuant to § 40A105 of this Chapter.

(2)The written order releasing the person charged or arrested shall contain the court’s directives and shall bear the legend: “Violation of this order is a criminal offense and will subject a violator to arrest. You can be arrested even if any person protected by the order invites or allows you to violate the order’s prohibitions. You have the sole responsibility to avoid or refrain from violating the order’s provisions. Only the court can change the order.”(3) A certified copy of the order shall be provided to the victim at no charge.

(b)When a respondent is found guilty of criminal sexual conduct as defined in Title 9 GCA Chapter 25, or any other crime COL 6/21/2023 CH. 40A SEXUAL OFFENSE PROTECTION ORDER as defined in Title 9 GCA Chapter 25A, Chapter 26, Chapter 28, and Chapter 89 and a condition of the sentence restricts the respondent’s ability to have contact with the victim, the condition shall be recorded as a sexual offense protection order.

(1)The written order entered as a condition of sentencing shall contain the court’s directives and shall bear the legend: “Violation of this order is a criminal offense and will subject a violator to arrest. You can be arrested even if any person protected by the order invites or allows you to violate the order’s prohibitions. You have the sole responsibility to avoid or refrain from violating the order’s provisions. Only the court can change the order.”

(2)A certified copy of the order shall be provided to the victim at no charge.

(c)A final sexual offense protection order entered in conjunction with a criminal prosecution shall remain in effect for a period of five

(5)years following the expiration of the latest sentence of imprisonment and subsequent period of community supervision, conditional release, probation, or parole.

(d)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).