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 filed therewith, and these efforts have not been successful, or
(b) there is a probability 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 substantial likelihood of immediate risk of abuse.
Whenever the court issues an ex parte protection order, it shall do so provisionally, shall notify the respondent immediately with a copy thereof or through any other means, and give the respondent the opportunity to object thereto.
To such effect, the court shall schedule a hearing to be held within five (5) days following the issuance of the ex parte order, unless the respondent requests an extension. During this hearing, the court may render the order ineffective or extend the effects thereof for the period it deems necessary.
History —Dec. 16, 2011, No. 246, § 66, eff. 90 days after Dec. 16, 2011.