Protection Orders 101 Michael R. Moore Beadle County State’s Attorney GTEA Resource Prosecutor

Protection Orders 101 Introduction: –How Protection Orders Work –Identify top 5 problems you see with Protection Orders.

Protection Orders 101 Obtain an Order: –TPO: Judge an affidavit for a TPO against John. –What are the Judge’s options??

Protection Orders 101 Obtain an Order: –TPO: Judge enters TPO for Jane and Jane and John live at house John has owned for 20 years. –What are the Judge’s options??

Protection Orders 101 Obtain an Order: –TPO: Jane applies for Stalking Order but Judge finds Jane qualifies for domestic order. –Can Judge give Jane domestic TPO?

Protection Orders 101 Service: –TPO: Judge grants TPO against John and sets hearing. John is never served with TPO. What happens? SDCL

Protection Orders 101 Service: –TPO/Permanent Order: At hearing John does not show up and Judge finds grounds for permanent order. LE cannot find John to serve John with permanent order. 6 months later John shows up at Jane’s house and Jane calls police. –What should happen?

Protection Orders 101 Hearing: –TPO/Permanent Order: At hearing Judge finds grounds for permanent order. But also finds Jane was given a TPO for Domestic and not Stalking. Jane and John do not meet criteria for domestic order. –What should happen? –See SDCL

Protection Orders 101 Hearing: –TPO/Permanent Order: At hearing Judge tells respondent that if respondent does not contest order they will not lose their ability to possess guns. –Is this accurate?

Protection Orders 101 Hearing: –TPO/Permanent Order: At hearing respondent is represented by an attorney. –How does this change the process?

Protection Orders 101 After the Hearing: –Permanent Order: Petitioner is granted a TPO/PO. Petitioner gives order to the Sheriff. Order is not served but Respondent comes to Jane’s home. –What should happen?

Protection Orders 101 After the Hearing: –Modifications: Jane has PO against John. John has been posting bad things about Jane on his facebook wall. Jane wants order modified. –What should happen?

Protection Orders 101 After the Hearing: –Modifications: Jane has PO against John. Jane has been calling John repeatedly ask John to come over to house. John wants order modified and/or dismissed. –What should happen?

Protection Orders 101 After the Hearing: –Dismissal: Jane has PO against John. Jane now wants order dismissed. –What should happen?

Protection Orders 101 Enforcement: –Jane has PO against John. Jane enters local restaurant (only one in town) and John is eating. Jane calls LE. –What should happen?

Protection Orders 101 Enforcement: –Jane has PO against John. Neighbor reports John is at Jane’s home. LE arrive and no one comes to door at Jane’s. –What should happen?

Protection Orders 101 Enforcement: –Jane has PO against John. John tweets “Jane call me please dismiss the order, I am sorry, I love U!” This tweet is reported to LE by Jane’s mother that is still following John. –What should happen?

Protection Orders 101 Enforcement: –Jane has PO against John. Jane’s order is a tribal PO. Jane reports to LE in Beadle County that John has texted me and is on his way to see me and take me to dinner. –What should happen?

Protection Orders 101 Enforcement: –Jane has PO against John. John is stopped by game, fish and parks hunting pheasants. He is with 3 other people and there are 3 guns in the vehicle. –What should happen?

Protection Orders 101 Enforcement: –Jane has PO against John. Jane invites John over for dinner to “make up”. John and Jane do make up and Jane says she will dismiss order on Monday. Jane gets text from another guy which John sees and assaults Jane. –What should happen?

Protection Orders 101 Enforcement: –Jane has PO against John. Jane texts John telling John order is dismissed come on over. John comes over and Jane calls LE. LE find order has not been dismissed. –What should happen?

Protection Orders 101 Group Discussion: –How can we make POs better? –What should be added to the handout?

Protection Orders 101 Questions:

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Contact Me Michael R. Moore Beadle County State’s Attorney 450 Third Street SW, Suite 108 Huron, SD (605)