PROCEDURES FOR FINAL HEARING

9 PROCEDURES FOR FINAL HEARINGS

4.9.1 A final hearing must be scheduled within ten days of the filing of the

Complaint/TRO in the county where the Complaint/TRO was issued unless good

cause is shown for the hearing to be held elsewhere. Each county shall provide the

police and Municipal Courts with the designated days and times for final hearings.

4.9.2 If the return of service on the defendant has not been received by the day before a

final hearing, a designated domestic violence team member shall check with the

appropriate law enforcement agency responsible for service (such as sheriff or local

police) to ascertain whether the defendant was successfully served. The return of

service portion of the TRO must be immediately faxed to the domestic violence team

by law enforcement.

4.9.3 The Continuance Order may be used when a new date must be scheduled and there

are no substantive changes to the TRO. When substantive changes, including

amendments to the complaint, are needed, an Amended TRO shall be used, which

shall set forth the changes. The TRO must be attached to the Continuance Order for

service. If the defendant has been served with the TRO, notice of the new date may

be made by mail, if an address is known.

4.9.4 Any defendant who qualifies under the Servicemembers Civil Relief Act, 50 U.S.C.

501, et. seq., is entitled to have the proceedings stayed while the member is either in

military service or within 90 days after termination or release from such service for a

servicemember who has received notice of such proceedings, if the court receives a

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letter or other communication: (1) stating that current duty requirements materially

affect the servicemember’s ability to appear; or (2) from the servicemembers

commanding officer stating that current duties prevent the servicemember’s

appearance and that military leave is not authorized. This also permits a

servicemember granted a stay from such proceedings to apply for an additional stay

based on continuing material effect of military duty on the ability to appear. This

shall be entered into FACTS as an extended TRO.

The restraining order shall stay in effect until such stay is lifted.