As Amended
SEC. 93-21-11. Notice and hearing; temporary orders.
(1) Within ten (10) days of filing of a petition under the provisions of this chapter, the court shall hold a hearing, at which time the petitioner must prove the allegation of abuse by a preponderance of the evidence. The defendant shall be given notice by service of process as otherwise provided by law.
(2) Upon good cause shown in an ex parte proceeding, the court may enter such temporary order as it deems necessary to protect from abuse the petitioner, any minor children, or any person alleged to be incompetent. Immediate and present danger of abuse to the petitioner, any minor children, or any person alleged to be incompetent, shall constitute good cause for purposes of this subsection. A temporary order shall last no longer than ten (10) days.
(3) If a hearing under subsection (1) of this section is continued, the court may make or extend such temporary orders under subsection (2) of this section as it deems necessary. A continuance under this subsection shall last no longer than twenty (20) days.
SOURCES: Laws, 1981, ch. 429, Sec. 6, eff from and after July 1, 1981.