§ 38-9F-11 — Enforcement

A law enforcement officer may arrest any person for a violation of this chapter if the officer has probable cause to believe that the person has violated any provision of a valid elder abuse protection order, whether temporary or permanent. The presentation of an elder abuse protection order constitutes probable cause for an officer to believe that a valid order exists. For purposes of this chapter, the elder abuse protection order may be inscribed on a tangible copy or may be stored in an electronic or other medium if it is retrievable in a detectable form. Presentation of a certified copy of the elder abuse protection order is not required for enforcement or to allow a law enforcement officer to effect a warrantless arrest. If an elder abuse protection order is not presented to or otherwise confirmed by a law enforcement officer, the officer may consider other information in determining whether there is probable cause to believe that a valid protection order exists. The law enforcement officer may arrest the defendant without a warrant although he or she did not personally see the violation. Knowledge by the officer of the existence or contents of, or both, or presentation to the officer by the complainant of, an elder abuse protection order shall constitute prima facie evidence of the validity of the order. If a law enforcement officer determines that an otherwise valid elder abuse protection order cannot be enforced because the defendant has not been notified or served with the protection order, the law enforcement officer shall inform the defendant of the order and allow the person a reasonable opportunity to comply with the order’s provisions before enforcing the order. In the event the law enforcement officer provides notice of the elder abuse protection order to the defendant, the officer shall document this fact in the written report.

Legislative History

(Act 2017-284, §11.)