Section 25-10-3 - Petition for protection order--Parties--Allegations--Affidavit--Pending action--Standard petition form.
25-10-3. Petition for protection order--Parties--Allegations--Affidavit--Pending action--Standard petition form. There exists an action known as a petition for a protection order in cases of domestic abuse. Procedures for the action are as follows:
(1) A petition under this section may be made by any family or household member against any other family or household member.
(2) A petition shall allege the existence of domestic abuse and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the domestic abuse.
(3) A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.
The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner. The Department of Social Services shall prepare the standard petition form.
Source: SL 1981, ch 198, § 3; SL 1987, ch 195, § 1; SL 2002, ch 129, § 1.