Hearing after ex parte order
Sec. 10. (a) Except as provided in subsection (b), if a court issues:
(1) an order for protection ex parte; or
(2) a modification of an order for protection ex parte;
and provides relief under section 9(b) of this chapter, upon a request
by either party not more than thirty (30) days after service of the
order or modification, the court shall set a date for a hearing on the
petition. The hearing must be held not more than thirty (30) days
after the request for a hearing is filed unless continued by the court
for good cause shown. The court shall notify both parties by first
class mail of the date and time of the hearing.
(b) A court shall set a date for a hearing on the petition not more
than thirty (30) days after the filing of the petition if a court issues an
order for protection ex parte or a modification of an order of
protection ex parte and:
(1) a petitioner requests or the court provides relief under
section 9(b)(3), 9(b)(5), or 9(b)(6) of this chapter; or
(2) a petitioner requests relief under section 9(c)(2), 9(c)(3), or
9(c)(4) of this chapter.
The hearing must be given precedence over all matters pending in the
court except older matters of the same character.
(c) In a hearing under subsection (a) or (b):
(1) relief under section 9 of this chapter is available; and
(2) if a respondent seeks relief concerning an issue not raised by
a petitioner, the court may continue the hearing at the
petitioner's request.
As added by P.L.133-2002, SEC.56.
Last modified: May 24, 2006