Section 30-5-5 Standing to File Sworn Petition for Protection Order; Disclosure of Information; Costs and Fees.
AI-assisted research summary: This section sets who may file a sworn petition for a protection order, requires circuit clerks to make standardized petitions available without helping people complete them, bars mutual orders, allows self-representation, protects address and phone information, and requires separate orders and fee handling rules.
(a) The following persons have standing to file a sworn petition for a protection order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2) A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department of Human Resources may petition for relief on behalf of the following: a. A minor child. b. Any person prevented by physical or mental incapacity from seeking a protection order. (b) Standardized petitions for actions pursuant to this chapter shall be made available through the circuit clerks’ offices around the state. The circuit clerk shall not provide assistance to persons in completing the forms or in presenting their case to the court. (c) A sworn petition shall allege the incidents of abuse, the specific facts and circumstances that form the basis upon which relief is sought, and that the plaintiff genuinely fears subsequent acts of abuse by the defendant. (d) The court shall not enter mutual orders. The court shall issue separate orders that specifically and independently state the prohibited behavior and relief granted in order to protect the victim and the victim’s immediate family and to clearly provide law enforcement with sufficient directives. (e) Any plaintiff who files a petition under this chapter may do so through an attorney or may represent himself or herself throughout the legal process outlined in this chapter, including, but not limited to, the filing of pleadings, motions, and any other legal documents with any court, and the appearance in ex parte and formal court proceedings on his or her behalf. (f)(1) The following information shall not be contained on any court document made available to the public and the defendant by the circuit clerk’s office: The plaintiff’s home address and, if applicable, business address; a plaintiff’s home telephone number and, if applicable, business telephone number; the home or business address or telephone number of any member of the plaintiff’s family or household; or an address that would reveal the confidential location of a shelter for victims of domestic violence as defined in Section 30-6-1. (2) If disclosure of the plaintiff’s address, the address of any member of the plaintiff’s family or household, or an address that would reveal the confidential location of a shelter for victims of domestic violence is necessary to determine jurisdiction or to consider a venue issue, it shall be made orally and in camera. (3) If the plaintiff has not disclosed an address or telephone number under this section, the plaintiff shall satisfy one of the following requirements: a. Designate and provide to the court an alternative address. b. Elect to substitute the business address and telephone number of his or her attorney of record in place of the address of the plaintiff on any court document. (g)(1) No court costs or fees shall be assessed for the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a protection order or a petition for a protection order under this chapter. (2) No court costs or fees shall be assessed for the issuance of a witness subpoena under this chapter. (3) Costs and fees may be assessed against the defendant at the discretion of the court.