Statutes | 4 HCC § 1 Chapter VII § 29 | 2020
a. An Elder Protective Restraining Order Petition shall be filed and served pursuant to Sections 27 and 28 above.
b. The Court may issue, upon its own motion or the motion of a party, a written, oral, or telephonic Temporary Elder Protective Restraining Order without notice to an alleged perpetrator when the Court finds reasonable cause to believe:
(1) That the Elder is in immediate danger based on credible evidence that the respondent has or is likely to interfere with an elder protection investigation or the delivery of elder protective services and
(2) That prior notice is likely to increase the danger to the Elder or other family or household member(s) or will impede upon an elder protection investigation or the delivery of elder protective services.
c. The Court may grant the following relief in a Temporary Elder Protective Restraining Order: (1) Order the respondent to not commit or threaten to commit further acts of abuse, neglect, or exploitation of an Elder or
(2) Order the respondent to not contact, harass, stalk, telephone, or otherwise communicate with the Elder, either directly or indirectly or
(3) Order the respondent to avoid the residence of the Elder or any other location temporarily occupied by the Elder, or both or
(4) Order the respondent not to interfere with the investigation of abuse, neglect, or exploitation of an Elder, the provision of services to the Elder, or otherwise harass or intimidate CFS workers or other individuals employed to carry out the goals of this subsection or
(5) Order such other relief as the Court deems necessary to protect and provide for the safety of the Elder and any designated family or household member(s).
d. A Temporary Elder Protective Restraining Order is in effect until a hearing is held on the issuance of an Elder Protective Restraining Order pursuant to this Chapter. e. Following entry of a Temporary Elder Protective Restraining Order, the Court shall:
(1) Set a date for a hearing to be held within fifteen (15) days after entry of a Temporary Elder Protective Restraining Order.
(a) The time for hearing may be extended upon the written consent of the parties or extended once for an additional fifteen (15) days upon the finding that the respondent was not served with a copy of the Temporary Elder Protective Restraining Order despite due diligence. (2) Cause the Temporary Order to be served upon the respondent.
(3) Transmit a copy of the Temporary Order to any additional, appropriate law enforcement agencies or other agencies designated by the petitioner.
(4) The Court shall explain the contents of the Temporary Order to the Elder.