§ 31. Request to Modify Order by Respondent Due to Lack of Notice.

Statutes | 4 HCC § 1 Chapter VII § 31 | 2020

a. The respondent may request modification of an Elder Protective Restraining Order where he or she can show by a preponderance of the evidence that he or she did not receive adequate notice of the hearing for an Elder Protective Restraining Order.

 

b. Upon receiving the respondent&rsquos request, the Court shall set a hearing as soon as practicable, but not later than fifteen (15) days after the next day on which the Court is in session following the filing of the respondent&rsquos request. The Court Clerks shall send notice to the petitioner that the respondent is seeking a modification of the order.

 

c. The purpose of the hearing shall be for the Court to consider whether any less restrictive alternatives may be appropriate under the circumstances. The Court may modify an Order where the Order causes an unreasonable hardship upon the respondent, provided that the safety of the Elder or any family or household member protected by the Order is not jeopardized and remains the primary consideration.