78B-7-107 - Hearings on ex parte orders.
78B-7-107. Hearings on ex parte orders.
(1) (a) When a court issues an ex parte protective order the court shall set a date for ahearing on the petition within 20 days after the ex parte order is issued.
(b) If at that hearing the court does not issue a protective order, the ex parte protectiveorder shall expire, unless it is otherwise extended by the court. Extensions beyond the 20-dayperiod may not by granted unless:
(i) the petitioner is unable to be present at the hearing;
(ii) the respondent has not been served;
(iii) the respondent has had the opportunity to present a defense at the hearing;
(iv) the respondent requests that the ex parte order be extended; or
(v) exigent circumstances exist.
(c) Under no circumstances may an ex parte order be extended beyond 180 days from thedate of initial issuance.
(d) If at that hearing the court issues a protective order, the ex parte protective orderremains in effect until service of process of the protective order is completed.
(e) A protective order issued after notice and a hearing is effective until further order ofthe court.
(f) If the hearing on the petition is heard by a commissioner, either the petitioner orrespondent may file an objection within 10 days of the entry of the recommended order and theassigned judge shall hold a hearing within 20 days of the filing of the objection.
(2) Upon a hearing under this section, the court may grant any of the relief described inSection 78B-7-106.
(3) When a court denies a petition for an ex parte protective order or a petition to modifyan order for protection ex parte, upon the request of the petitioner, the court shall set the matterfor hearing and notify the petitioner and serve the respondent.
(4) A respondent who has been served with an ex parte protective order may seek tovacate the ex parte protective order prior to the hearing scheduled pursuant to Subsection (1)(a)by filing a verified motion to vacate. The respondent's verified motion to vacate and a notice ofhearing on that motion shall be personally served on the petitioner at least two days prior to thehearing on the motion to vacate.
Amended by Chapter 34, 2010 General Session