Title 47 - Domestic and Family Violence

47.0101 Purpose.

The purpose of this title is to recognize the…

47.0102 Definitions.

As used in this chapter, unless the context c…

47.0201 Eligible petitioners for order.

(a) A person who is or has been a victim of d…

47.0202 Uniform form required for petitions and orders – Required statements in petitions and orders – Duty of clerk to provide petitions and clerical assistance.

(a) The Attorney General’s Office shall: (1)…

47.0203 Emergency order for protection – Available relief – Availability of judge or court officer – Expiration of order.

(a) A court may issue a written or oral emerg…

47.0204 Order for protection – Modification of orders – Relief available ex parte – Relief available after hearing – Duties of the Court – Duration or order.

(a) If it appears from a petition for an orde…

47.0205 Required hearings – Duty of court when order for protection denied.

(a) Except as otherwise provided in subsectio…

47.0206 Court costs and fees.

Fees for filing and service of process must n…

47.0207 Registration and enforcement of foreign orders for protection – Duties of court clerk.

(a) A certified copy of an order for protecti…

47.0301 Presumptions concerning custody and residence of child.

In every proceeding where there is at issue a…

47.0302 Factors in determining custody and visitation.

(a) In addition to other factors that a court…

47.0303 Conditions of visitation in cases involving domestic and family violence.

(a) A court may award visitation by a parent…

47.0401 Crime involving domestic or family violence defined.

(a) A “crime involving domestic or family vio…

47.0402 Mandatory fine for conviction of a crime of domestic or family violence.

A person convicted of a crime of domestic or…

47.0403 Violation of certain orders for protection is misdemeanor.

Violation of one of the following orders issu…

47.0404 Enhance of penalty for second or subsequent crime involving domestic or family violence.

When a defendant makes a judicial admission,…

47.0501 Spousal privileges inapplicable in criminal proceedings involving domestic or family violence.

The following evidentiary privileges do not a…

47.0502 Record of dismissal required in Court file.

When a court dismisses criminal charges or a…

47.0503 Duty of prosecutor to notify victim.

A prosecutor shall make reasonable efforts to…

47.0601 Duties of law enforcement officer to victim of domestic or family violence – Required notice to victim.

(a) A law enforcement officer who responds to…

47.0602 Duties of law enforcement officer to prosecutor’s office.

Law enforcement officers who respond to alleg…

47.0603 Mandatory arrest for crimes involving domestic or family violence – Determination of primary aggressor – Required report.

(a) A law enforcement officer shall, without…

47.0604 Mandatory arrest for certain violations of orders for protection.

When a law enforcement officer has probable c…

47.0605 Authority of law enforcement officer to seize weapons.

Incident to an arrest for a crime involving d…

47.0606 Mandatory arrest for violation of conditions of release.

If a law enforcement officer has probable cau…

47.0701 Conditions of probation for perpetrator convicted of crime involving domestic or family violence – Required reports by probation department.

(a) Before placing a perpetrator who is convi…

47.0702 Conditions of parole for perpetrator convicted of crime involving domestic or family violence – Required reports by parole board.

(a) In additions to other conditions imposed…

47.0801 Creation of an American Samoan advisory council on domestic and family violence – Purpose – Required report.

(a) There is hereby created the American Samo…

47.0802 Composition and qualification of members.

(a) The American Samoa advisory council on do…

47.0803 Duties of Department of Public Health.

(a) The Department of Public Health shall mak…

47.0804 Duties of Department of Public Safety.

(a) The Department of Public Safety shall est…

Chapter 01 – General Provisions

Sections: 47.0101 Purpose. 47.0102 Definition…

Chapter 02 – CIVIL ORDERS FOR PROTECTION

Sections: 47.0201 Eligible petitioners for or…

Chapter 03 – FAMILY AND CHILDREN

Sections: 47.0301 Presumptions concerning cus…

Chapter 04 – CRIMINAL VIOLATIONS

Sections: 47.0401 Crime involving domestic or…

Chapter 05 – CRIMINAL PROCEEDINGS

Sections: 47.0501 Spousal privileges inapplic…

Chapter 06 – DUTIES AND RESPONSIBILITIES OF LAW ENFORCEMENT

Sections: 47.0601 Duties of law enforcement o…

Chapter 07 – PROBATION AND PAROLE

Sections: 47.0701 Conditions of probation for…

Chapter 08 – PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE

Sections: 47.0801 Creation of an American Sam…