10.1.7.070 HEARING ON APPLICATION; NOTICE

A. Upon receipt of the petition seeking an Order of Protection, the Court may find immediate and present danger of Elder Abuse and/or Exploitation, in which case the Court shall issue an emergency Order of Protection. Such emergency Order of Protection shall set a hearing within fourteen (14) days to determine if the Order shall continue. The Prosecutor shall make personal service upon the Defendant not less than five (5) days prior to the hearing. In the event that personal service cannot be completed in time to give the Defendant the minimum notice required under this section, then the court may set a new hearing date as soon as possible.

B. Notwithstanding the provisions of Section 7(A) above, service may be made by publication for at least one week prior to the date of the hearing; provided, that the petitioner files with the Court an affidavit stating that an attempt at personal service made by a law enforcement official was unsuccessful and that a copy of the petition and notice of hearing has been mailed to the Defendant's residence or that the residence of the Defendant is not known. The Court shall set a new hearing date if necessary to allow the Defendant the five-day minimum notice required under paragraph (A) above.

C. Any relief granted in an emergency Order of Protection shall not exceed thirty days, and any relief granted in a final Order of Protection, after a hearing, shall be for a fixed period of time not to exceed one year, except when the Court determines a longer fixed period is appropriate.