The court may issue an ex parte protection order if it determines that:
(a) Diligent efforts have been made to serve the respondent with a copy of the summons issued by the court and the petition that has been filed with the court, and these efforts have not been successful; or
(b) there is the likelihood that giving prior notice to the respondent may cause the irreparable damage that the petition for a protection order is trying to prevent, or
(c) when the petitioner shows that there is a substantial likelihood of immediate risk of abuse.
Whenever the court issues an ex parte protection order, it shall do so provisionally, and immediately notify the respondent with a copy thereof or through any other form, and give the respondent the opportunity to object thereto. To that effect, the court shall schedule a hearing to be held within the five (5) days following the issuance of the ex parte order, except if the respondent should ask for a postponement. During the hearing, the court may render in effective the order or extend the effects thereof for the period it deems necessary.
History —Aug. 1, 2003, No. 177, § 60, eff. 90 days after Aug. 1, 2003.