(1) a peace officer may inform a person in danger of abuse of the officer's ability to apply for an ex parte emergency protective order [EPO] &, with the person's consent or permission, may apply to a circuit court for the order when the peace officer has PC to believe:

(a)(A) the peace officer has responded to an incident of domestic disturbance & the circumstances for mandatory arrest exist as described 133.055 (criminal citation) (2)(a) OR

(B) the person is in immediate danger of abuse by a family member or household member AND

(b) an EPO is necessary to prevent the person from suffering the occurrence or recurrence of abuse

(2)(a) An application for an EPO described in (1) will consist of the proposed EPO & the peace officer's declaration under penalty of perjury setting forth the facts & circumstances underlying entry of the order

(b) the proposed EPO and the declaration may be sent to the court by electronic transmission that delivers a complete printable image of the order & signed declaration.

(3) on examining the application, a circuit court may enter an emergency protective order if the court finds there is probable cause that:

(a)(A) the peace officer has responded to an incident of domestic disturbance & the circumstances for mandatory arrest exist as described 133.055 (criminal citation) (2)(a) OR

(B) A person is in immediate danger of abuse by a family member or household member AND

(b) an EPO is necessary to prevent a person from suffering the occurrence or recurrence of abuse.

(4) an EPO entered under (3) will:

(a) restrain the respondent from contacting the person protected by the order & from intimidating, molesting, interfering with or menacing the person, or attempting to do so

(b) include the findings of probable cause authorizing order's issuance

(c) state the date that the order expires AND

(d) state a security amount for a violation of the order

(5) if the circuit court enters an EPO under (3):

(a) the peace officer will without charge provide a certified true copy of the EPO to the protected person & will ensure that certified true copies of the order & declaration are filed with the court

(b) a peace officer will serve the respondent personally. On completion of service, the peace officer will prepare a declaration under penalty of perjury of proof of service verifying that the EPO was served personally on the respondent, file a copy of the declaration with the court & enter the order into LEDS

(c) if the peace officer cannot complete service within 1 day of the EPO's entry, they shall notify the court that the documents have not been served

(6) Entry into LEDS constitutes notice to all LEAs of EPO's existence. LEAs will establish procedures adequate to ensure that an officer at the scene of an alleged EPO violation may be informed of the existence & terms of the order. An EPO is fully enforceable in any county or tribal land in this state

(7)(a) an EPO expires seven (7) calendar days from the date the court signs the order

(b) An EPO will remain in effect until the order expires or is terminated by court order. If the order is terminated, the clerk of the court will immediately have a copy of the termination order delivered to the peace officer who originally applied for the order. On receipt of the termination order, the peace officer will promptly remove the emergency protective order from LEDS

(8)(a) regardless of (1) when a peace officer responds to a domestic disturbance & has PC that an assault has occurred between family members or household members, or to believe that one such person has placed the other in fear of imminent serious physical injury, the officer will arrest & take into custody the alleged assailant or potential assailant.

(b) pending a contempt hearing for an alleged violation of an EPO, a person arrested & taken into custody pursuant per 133.310 (peace officer arrest authority without warrant) may be released as provided in 135.230 (definitions) to 135.290 (punishment by contempt of court)

(10) a peace officer acting in good faith will not be liable in any civil action for applying to or not applying to a circuit court for an ex parte emergency protective order under this section