2-3-4. ASSISTANCE IN FILING PETITION-EXTENSION-HEARING-COST AND ATTORNEY FEES.

Upon the filing of a petition under this chapter, the Court may immediately, for good cause shown, issue and ex parte order of protection.  An immediate and present danger of abuse to the Petitioner shall constitute good cause for purpose of this section.  With ten (10) days of service of such an order on the Respondent under this Chapter, a hearing shall be held, at which time the Court shall either dissolve any ex parte order which has been issued, or shall, if the Petitioner has providing the allegation of abuse by preponderance of the evidence, extend the order of protection for a definite period of time not to exceed one (1) year.  Any ex parte order protection shall be in effect until the time of hearing.  If no ex parte order of protection has been issued as of the time of hearing, and the Petitioner has proved the allegation of abuse by a preponderance of the evidence, the Court may at the time, issue an order of protection for a definite period of time not to exceed one (1) year.  The Court shall cause a copy of the petition and notice of the date set for hearing on such petition, as well as copy of any ex parte order of protection, to be served upon the Respondent at least five (5) days prior to such hearing.  Such notice shall advise the Respondent that he may be represented by counsel.  If the Court, after the hearing, issues or extends an order of protection, Petitioner’s Court costs and attorney’s fees shall be assessed against the Respondent.

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