586-3 Order for protection.
§586-3 Order for protection. (a) There shall exist an action known as a petition for an order for protection in cases of domestic abuse. (b) A petition for relief under this chapter may be made by: (1) Any family or household member on the member’s own behalf or on behalf of a family or household […]
586-4 Temporary restraining order.
§586-4 Temporary restraining order. (a) Upon petition to a family court judge, an ex parte temporary restraining order may be granted without notice to restrain either or both parties from contacting, threatening, or physically abusing each other, notwithstanding that a complaint for annulment, divorce, or separation has not been filed. The order may be granted […]
586-5 Period of order; hearing.
§586-5 Period of order; hearing. (a) A temporary restraining order granted pursuant to this chapter shall remain in effect at the discretion of the court, for a period not to exceed one hundred eighty days from the date the order is granted or until the effective date, as defined in section 586-5.6, of a protective […]
586-5.5 Protective order; additional orders.
§586-5.5 Protective order; additional orders. (a) If, after hearing all relevant evidence, the court finds that the respondent has failed to show cause why the order should not be continued and that a protective order is necessary to prevent domestic abuse or a recurrence of abuse, the court may order that a protective order be […]
586-5.6 Effective date.
§586-5.6 Effective date. The temporary restraining order shall be effective as of the date of signing and filing; provided that if a temporary restraining order is granted orally in the presence of all the parties and the court determines that each of the parties understands the order and its conditions, if any, then the order […]
586-5.8 Transfer or release of domestic abuse victims from shared wireless plans.
§586-5.8 Transfer or release of domestic abuse victims from shared wireless plans. (a) The court may issue an order requiring a wireless telecommunications service provider, without charge, penalty, or fee, to: (1) Transfer the billing authority and all rights to the wireless telephone number or numbers of a shared wireless plan to a petitioner who […]
586-6 Notice of order.
§586-6 Notice of order. (a) Any order issued under this chapter shall either be personally served upon the respondent, or served by certified mail, unless the respondent was present at the hearing in which case the respondent shall be deemed to have notice of the order. A filed copy of each order issued under this […]
586-7 Assistance of police in service or execution.
§586-7 Assistance of police in service or execution. When an order is issued under this chapter upon request of the petitioner, the court may order the police department to serve the order and related documents upon respondent and to accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence. […]
586-8 Right to apply for relief.
§586-8 Right to apply for relief. (a) A person’s right to apply for relief shall not be affected by the person’s leaving the residence or household to avoid abuse. (b) The court shall not require security or bond of any party unless it deems [it] necessary in exceptional cases. [L 1982, c 123, pt of […]
586-9 Modification of order.
§586-9 Modification of order. Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection. The court may deny, without hearing, a motion to dismiss or to modify the terms of an existing order for protection if the motion, on its face, does not allege facts […]