10.1.6.070 Hearings; Ex Parte Order; Mutual Orders of Protection

(a) If an ex parte Order of Protection is granted, the Trial Court shall include in the Order either a date for a full hearing with all parties present or the opportunity for the respondent to be heard at a hearing with all parties present. If a full hearing is not scheduled by the Trial Court, the Trial Court shall schedule a full hearing after the respondent contacts the Trial Court, in writing, of the desire for a full hearing. The Trial Court shall promptly schedule a hearing on the ex parte Order of Protection.

(b) All Orders of Protection shall include the precise conditions that the respondent must follow. The duration of the Order of Protection shall be determined solely by the Judge.

(c) Mutual Orders of Protection and/or any provisions for restraining both parties shall only be issued if there are facts cited in the order that indicate that both parties acted primarily as aggressors and that neither party acted primarily in self-defense. Both parties must file a petition seeking an Order of Protection and/or any provisions for restraint before an Order of Protection is issued.