§ 11-37.2-3 - Temporary orders – Ex parte proceedings.
SECTION 11-37.2-3
§ 11-37.2-3 Temporary orders – Exparte proceedings. – (a) Upon the filing of a complaint under this chapter, the court may enter anytemporary orders that it deems necessary to protect the plaintiff from abuse.
(2) If it clearly appears from specific facts shown byaffidavit that immediate and irreparable injury, loss or damage will result tothe plaintiff, before notice can be served and a hearing held, the court mayenter any temporary order without notice that it deems necessary to protect theplaintiff. Every order granted without notice shall expire by its terms withinthe time after entry, not to exceed twenty-one (21) days, as the court fixes,unless within the time so fixed the order: (i) By consent; or (ii) Due to afailure to make service of process upon the defendant despite diligent efforts;or (iii) For good cause shown and after hearing of argument by the parties orcounsel, is extended for an additional period. In case a temporary order isgranted without notice, the matter shall be set down for hearing within areasonable time and shall be given precedence over all matters except oldermatters of the same character, and when the matter comes on for hearing theparty who obtained the temporary order shall proceed with the complaint for anorder pursuant to § 11-37.2-2, and, if he or she does not do so, the courtshall dissolve the temporary order.
(b) When the court is unavailable after the close of businessa complaint may be filed before any available district court judge who maygrant relief to the plaintiff under this chapter upon cause shown in an exparte proceeding.
(2) No temporary order shall be granted pursuant to theprovisions of this section unless it clearly appears from specific facts shownby the affidavit or by verified complaint that immediate and irreparableinjury, loss or damage will result to the plaintiff before notice can be servedand a hearing held.
(c) Any order issued under this section and any documentationin support of an order shall be filed immediately with the clerk of thedistrict court. The filing shall have the effect of commencing proceedingsunder this chapter and invoking the other provisions of this chapter.
(d) The clerk of the district court shall have a certifiedcopy of any order issued under this chapter forwarded immediately to the lawenforcement agency designated by the plaintiff. The clerk shall also providethe plaintiff with two (2) certified copies of any order issued under thischapter.