§586-5.5  Protective order; additional
orders.  (a)  If, after hearing all relevant evidence, the court finds that
the respondent has failed to show cause why the order should not be continued
and that a protective order is necessary to prevent domestic abuse or a
recurrence of abuse, the court may order that a protective order be issued for
a further fixed reasonable period as the court deems appropriate.



The protective order may include all orders
stated in the temporary restraining order and may provide for further relief as
the court deems necessary to prevent domestic abuse or a recurrence of abuse,
including orders establishing temporary visitation and custody with regard to
minor children of the parties and orders to either or both parties to participate
in domestic violence intervention services.  If the court finds that the party
meets the requirements under section 334-59(a)(2), the court further may order
that the party be taken to the nearest facility for emergency examination and
treatment.



(b)  A protective order may be extended for
such further fixed reasonable period as the court deems appropriate.  Upon
application by a person or agency capable of petitioning under section 586-3,
the court shall hold a hearing to determine whether the protective order should
be extended.  In making a determination, the court shall consider evidence of
abuse and threats of abuse that occurred prior to the initial restraining order
and whether good cause exists to extend the protective order.



The extended protective order may include all
orders stated in the preceding restraining order and may provide such further
relief as the court deems necessary to prevent domestic abuse or a recurrence
of abuse, including orders establishing temporary visitation and custody with
regard to minor children of the parties and orders to either or both parties to
participate in domestic violence intervention services.  The court may
terminate the extended protective order at any time with the mutual consent of
the parties. [L 1987, c 315, §4; am L 1991, c 235, §2; am L 1996, c 199, §1; am
L 1998, c 172, §4; am L 2001, c 295, §1]



 



Rules of Court



 



  Restraining orders, see HFCR rule 65.



 



Case Notes



 



  A chapter 586 protective order does not unconstitutionally
curtail a person's freedom of movement.  85 H. 197 (App.), 940 P.2d 404.



  Application of preponderance of the evidence standard as
appropriate judicial basis for issuance of protective order under this section
does not violate due process rights.  85 H. 197 (App.), 940 P.2d 404.



  No equal protection violation for use of preponderance of
evidence standard of proof for this section as family and household members not
suspect class and rational basis underlying this standard adopted by
legislature under chapter 571 for this chapter was to facilitate and expedite
judicial issuance of protective orders.  85 H. 197 (App.), 940 P.2d 404.



  The order to a respondent to show cause under subsection (a)
is a direction from the court to appear at a hearing to answer and to respond
to the petition's allegations, rather than a mandate which places the burden on
the respondent of initially going forward with evidence to prove the negative
of the allegations.  91 H. 438 (App.), 984 P.2d 1264.



  Unless expressly permitted by the court, §134-7(f)
unqualifiedly prohibits a person subject to an order under this chapter from
possession and control of a firearm during the pendency of that order; this
prohibition is effective irrespective of whether the respondent owned the
firearms involved.  91 H. 438 (App.), 984 P.2d 1264.



  Where defendant testified at defendant's criminal trial that
complainant was defendant's niece and that they had formerly resided together
at the home of defendant's father, this testimony established that defendant
and complainant met the definition of "family or household member"
under §586-1; thus, family court had jurisdiction to issue the protection order
under this section and the protection order was valid.  112 H. 136 (App.), 144
P.3d 584.