Section 586-5 - Period of order; hearing(a) A temporary restraining order granted pursuant to this chapter shall remain in effect at the discretion of the court, for a period not to exceed one hundred eighty days from the date the order is granted or until the effective date, as defined in section 586-5.6, of a protective order issued by the court, whichever occurs first, including, in the case where a temporary restraining order restrains any party from contacting, threatening, or physically abusing a minor, for a period extending to a date after the minor has reached eighteen years of age.(b) On the earliest date that the business of the court will permit, but no later than fifteen days from the date the temporary restraining order is granted, the court, after giving due notice to all parties, shall hold a hearing on the application requiring cause to be shown why the order should not continue. In the event that service has not been effected, the court may set a new date for the hearing; provided that the date shall not exceed ninety days from the date the temporary restraining order was granted. All parties shall attend the hearing and may be represented by counsel. The court shall allow the petitioner to attend the hearing remotely if the petitioner's allegations include at least one allegation of domestic abuse as defined in section 586-1. In cases where the petitioner's allegations do not include at least one allegation of domestic abuse as defined in section 586-1, the court may allow the petitioner to attend the hearing remotely, with consideration of factors such as the petitioner's lack of transportation, child care, and paid time off, as well as the petitioner's fear of the respondent's presence. The protective order may include all orders stated in the temporary restraining order and may provide further relief, as the court deems necessary to prevent domestic abuse or a recurrence of abuse, including orders establishing temporary visitation with regard to minor children of the parties and orders to either or both parties to participate in domestic violence intervention.
Amended by L 2023, c 75,§ 2, eff. 6/14/2023.Amended by L 2021, c 27,§ 2, eff. 5/28/2021.Amended by L 2011, c 85, § 1, eff. 6/8/2011.L 1982, c 123, pt of §2; am L 1983, c 186, §1; am L 1987, c 315, §3; am L 1992, c 290, §3; am L 1998, c 172, §3