§ 8-8.1-4. Temporary orders — Ex parte proceedings.
(a)(1) Upon the filing of a complaint under this chapter, the court may enter any temporary
orders that it deems necessary to protect the plaintiff from abuse.
(2) If it clearly appears from specific facts shown by affidavit that immediate and irreparable
injury, loss, or damage will result to the plaintiff, before notice can be served
and a hearing held, the court may enter any temporary order without notice that it
deems necessary to protect the plaintiff. Every order granted without notice shall
expire by its terms within the 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 a failure 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
or counsel, is extended for an additional period. In case a temporary order is granted
without notice, the matter shall be set down for hearing within a reasonable time
and shall be given precedence over all matters except older matters of the same character,
and when the matter comes on for hearing the party who obtained the temporary order
shall proceed with the complaint for an order pursuant to §â€‚8-8.1-3, and, if she or he does not do so, the court shall dissolve the temporary order.
(b)(1)(i) When the court is unavailable after the close of business a complaint may be filed
before any available district court judge who may grant relief to the plaintiff under
this chapter upon cause shown in an ex parte proceeding.
(ii) In addition, when there is no district court in session at a location when the family
court is in session, the family court judge at that location is authorized to grant
relief to the plaintiff under this chapter upon cause shown in an ex parte proceeding.
(2) No temporary order shall be granted pursuant to the provisions of this section unless
it clearly appears from specific facts shown by the affidavit or by verified complaint
that immediate and irreparable injury, loss, or damage will result to the plaintiff
before notice can be served and a hearing held.
(c) Any order issued under this section and any documentation in support of an order shall
be filed immediately with the clerk of the district court. The filing shall have the
effect of commencing proceedings under this chapter and invoking the other provisions
of this chapter.
(d) The clerk of the district court shall have a certified copy of any order issued under
this chapter forwarded immediately to the law enforcement agency designated by the
plaintiff. The clerk shall also provide the plaintiff with two (2) certified copies
of any order issued under this chapter.