Statutes | 4 HCC § 5 Chapter III § 12 | 2020
a. If the Court issues an order for protection or a modification of an order for protection ex parte, the Court must set a date for a hearing on the petition upon a request by either party made within 30 days after service of the order or modification. The hearing must be held within 30 days after the request for a hearing is filed unless continued by the Court for good cause shown. The Court must notify both parties by first class mail of the time and date of the hearing, unless publication is required.
b. The Court must set a date for a hearing on the petition within 15 days after the filing of the petition if the Court issues an order for protection or a modification of an order ex parte, and the ex parte order: (1) Awards temporary custody of a minor child to the petitioner
(2)Excludes the respondent from the domicile of the petitioner
(3) Awards possession and use of an automobile to the petitioner. Such a hearing must be given precedence over all matters except older matters of the same character.
c. If the Court denies a petition ex parte or a petition to modify an order for protection that is requested without notice to the respondent, the Court must inform the petitioner of the right of the respondent to request a hearing upon notice of the order. d. In a hearing held pursuant to paragraphs above, relief in accordance with paragraphs 10 and 11 is available. If the respondent seeks relief concerning an issue not raised by the petitioner, the Court may continue the hearing.
e. An order for protection or a modification of an order for protection issued ex parte or upon notice and hearing is effective until further order of the Court, notwithstanding the acts of the parties. Temporary reconciliation will not revoke an order. Monetary relief and/or compensation awarded under this section must not exceed $5,000.