§ 5 §4654 — Hearings

1.
Full hearing.
A hearing must be held at which the plaintiff shall prove the allegation of harassment by a preponderance of the evidence.
2.
Temporary orders.
The court may enter any temporary orders, authorized under subsection 4, without written or oral notice to the defendant or the defendant's attorney if:
3.
Emergency relief.
Emergency relief is available as follows.
4.
Interim relief.
The court, in an ex parte proceeding, may enjoin the defendant from engaging in any of the following:
5.
Service of order.
If the court issues a temporary order or orders emergency or interim relief, the court shall order a law enforcement agency or, if the defendant is present in the courthouse, a court security officer qualified pursuant to Title 4, section 17, subsection 15 or, if the defendant is in the custody of the Department of Corrections, the Department of Corrections to serve the defendant personally with the order, the complaint and the summons. The court shall cause the order to be delivered to the law enforcement agency, the court security officer or the correctional facility in which the defendant is incarcerated as soon as practicable following the issuance of the order, and the law enforcement agency, court security officer or chief administrative officer of the correctional facility or the chief administrative officer's designee shall make a good faith effort to serve process expeditiously.
6.
Dissolution or modification.
Notwithstanding any statutory provision to the contrary, on 2 days' notice to the plaintiff or on such shorter notice as the court may order, a person who is subject to any order may appear and move the dissolution or modification of the order and in that event the court shall proceed to hear and determine the motion. The hearing on the motion may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require. At that hearing, the plaintiff has the burden of justifying any finding in the ex parte order that the defendant has challenged by affidavit. Nothing in this section may be construed to abolish or limit any means, otherwise available by law, for obtaining dissolution, modification or discharge of an order.
7.
Extension.
If a hearing under subsection 1 is continued, the court may make or extend such temporary orders as it deems necessary.
8.
Service of order; use of electronic copies.
Notwithstanding any other provision of law, service of an order may be made pursuant to this section through the use of electronically transmitted printed copies of orders that have been transmitted directly from the court to the law enforcement agency or correctional facility making service. Return of proof of service may be made by electronic transmission of the proof of service directly to the court from the law enforcement officer making service or the chief administrative officer, or the chief administrative officer's designee, of the correctional facility making service.

Legislative History

PL 1987, c. 515, §1 (NEW). PL 1987, c. 708, §4 (AMD). PL 1989, c. 164 (AMD). PL 1991, c. 760, §3 (AMD). PL 1993, c. 199, §§3-5 (AMD). PL 1993, c. 475, §1 (AMD). PL 1993, c. 680, §§A10-13 (AMD). PL 1995, c. 265, §§4-6 (AMD). PL 1995, c. 650, §§4-7 (AMD). PL 1999, c. 542, §1 (AMD). PL 2001, c. 134, §2 (AMD). RR 2003, c. 2, §8 (COR). PL 2003, c. 658, §§4-7 (AMD). PL 2009, c. 94, §1 (AMD). PL 2009, c. 555, §1 (AMD). PL 2011, c. 559, Pt. C, §§4-6 (AMD). PL 2015, c. 410, Pt. C, §§2-4 (AMD). PL 2015, c. 443, §§2-4 (AMD). PL 2017, c. 288, Pt. A, §§5-7 (AMD). PL 2025, c. 90, §2 (AMD).