bill of particulars for protective order

The court may stay the imposition of the sentence if special circumstances exist.

Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the mandatory minimum sentence imposed provided that the defendant may be admitted to bail pending appeal pursuant to chapter 804. (3) For any subsequent violation that occurs after a second conviction for violation of the same order for protection, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000 provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine. (D) That is in the nature of domestic abuse, and occurs after a first conviction for violation of the same order that is in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not more than $150 provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine

(C) That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not more than $250 provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine (B) That is in the nature of domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000 provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine (A) That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not more than $250 provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine (2) For a second conviction for violation of the order for protection: (B) That is in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not less than $150 nor more than $500 provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine (A) That is in the nature of non-domestic abuse, the person may be sentenced to a jail sentence of forty-eight hours and be fined not more than $150 provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine (1) For a first conviction for violation of the order for protection:

The court additionally shall sentence a person convicted under this section as follows: A person convicted under this section shall undergo domestic violence intervention at any available domestic violence program as ordered by the court. (a) Whenever an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or intentionally violates the order for protection is guilty of a misdemeanor. §586-11 Violation of an order for protection.

Bill of particulars for protective order