25-10-7 Limited duration of temporary order--Service on respondent--Notification of service to pet...
Limited duration of temporary order--Service on respondent--Notification of service
An ex parte temporary protection order is effective for a period of thirty days
except as provided in § 25-10-7.1 unless for good cause the court grants a continuance. No
continuance may exceed thirty days unless the court finds good cause for the additional continuance
The parties stipulate to an additional continuance; or
The court finds that law enforcement is unable to locate the respondent for purposes of
service of the ex parte protection order.
If a continuance is granted, the court by order shall extend the ex parte temporary protection
order until the rescheduled hearing date. The respondent shall be personally served without delay
with a copy of the ex parte order along with a copy of the petition, affidavit, and notice of the date
set for the hearing. The ex parte order shall be served without delay under the circumstances of the
case including service of the ex parte order on a Sunday or holiday. The law enforcement agency
serving the order shall notify the petitioner by telephone or written correspondence when the order
is served if the petitioner has provided to the law enforcement agency either a telephone number or
address, or both, where the petitioner may be contacted. The law enforcement agency and any officer
of the law enforcement agency is immune from civil and criminal liability if the agency or the officer
makes a good faith attempt to notify the petitioner in a manner consistent with the provisions of this
Source: SL 1981, ch 198, § 7; SL 1986, ch 220, § 1; SL 1994, ch 208, § 4; SL 2000, ch 119, § 2;
SL 2004, ch 175, § 1; SL 2005, ch 136, § 1; SL 2009, ch 132, § 1; SL 2016, ch 142, § 1.