§ 15-15-4 - Temporary orders – Ex parte proceedings.
SECTION 15-15-4
§ 15-15-4 Temporary orders – Ex parteproceedings. – (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,including relief as provided in chapter 5 of this title.
(2) If it clearly appears from specific facts shown byaffidavit or by the verified complaint that immediate and irreparable injury,loss, or damage will result to the plaintiff before notice can be served and ahearing held on the matter, the court may enter any temporary order withoutnotice that it deems necessary to protect the plaintiff. Every order grantedwithout notice shall expire by its terms within any time after entry, not toexceed twenty-one (21) days, that the court fixes, unless within the time fixedthe order, by consent or for good cause shown and after hearing of argument bythe parties or counsel, is extended for an additional period. In case atemporary order is granted without notice, the matter shall be set down for ahearing within a reasonable time and may be given precedence of all mattersexcept older matters of the same character, and when the matter comes on for ahearing, the party who obtained the temporary order shall proceed with thecomplaint for an order pursuant to § 15-15-3 and, if he or she does not doso, the court shall dissolve the temporary order.
(b) When the court is unavailable after the close ofbusiness, a family court judge may grant relief to the plaintiff as provided inthis chapter. At the discretion of the judge, the relief may be granted andcommunicated by telephone to an officer of the appropriate law enforcementagency who shall record the order on a form of order promulgated for such useby the chief judge of the family court and shall deliver a copy of the order onthe next court day to the clerk of the court.
(2) In addition, when there is no family court in session ata location when a division of the district court is in session, the districtcourt judge at the division is authorized to grant relief to the plaintiffunder this chapter upon cause shown in an ex parte proceeding.
(3) No temporary order shall be granted pursuant to theprovisions of subdivision (1) of this subsection unless it clearly appears fromspecific facts shown in plaintiff 's written statement that immediate andirreparable injury, loss, or damage will result to the plaintiff before noticecan be served and a hearing held on the matter.
(4) Any temporary order granted pursuant to the provisions ofsubdivision (1) of this subsection expires at close of the next business dayunless a longer time is granted by the family court judge.
(c) Any order issued under this section and any documentationin support of it shall be filed immediately with the clerk of the family court.Filing shall have the effect of commencing proceedings under this chapter andinvoking the other provisions of this chapter, but shall not be deemednecessary for an emergency order issued under this chapter to take effect.
(d) The clerk of the family court shall have a certified copyof 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.