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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2338
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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What is the legal statute re the number of days after the

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What is the legal statute re: the number of days after the granting of an ex-parte motion that a hearing must be held? I.e., ex-parte motion for temporary full custody on an 8 yr. old girl granted on 9/20/11 to the father while the mother was in hospital for 6 days. Hearing date is 10/20/11, despite the motion and Affidavit stating hearing must be within 21 days.

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

If this is a domestic assault case, the statute is General Laws of Rhode Island,Chapter 8-8.1-4

Steven Kincaid :

which says: If it clearly appears from specific facts shown by affidavit that immediate and irreparable injury, loss, or damage will result to the plaintiff, before notice can be served and a hearing held, the court may enter any temporary order without notice that it deems necessary to protect the plaintiff. Every order granted without notice shall expire by its terms within the time after entry, not to exceed twenty-one (21) days, as the court fixes, unless within the time so fixed the order: (i) by consent, or (ii) due to a failure to make service of process upon the defendant despite diligent efforts, or (iii) for good cause shown and after hearing of argument by the parties or counsel, is extended for an additional period. In case a temporary order is granted without notice, the matter shall be set down for hearing within a reasonable time and shall be given precedence over all matters except older matters of the same character, and when the matter comes on for hearing the party who obtained the temporary order shall proceed with the complaint for an order pursuant to § 8-8.1-3, and, if she or he does not do so, the court shall dissolve the temporary order.

Steven Kincaid :

Otherwise, it could be in 15-15-4 which says:

(1) Upon the filing of a complaint under this chapter, the court may enter any temporary orders that it deems necessary to protect the plaintiff from abuse, including relief as provided in chapter 5 of this title..

(2) If it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the plaintiff before notice can be served and a hearing held on the matter, the court may enter any temporary order without notice that it deems necessary to protect the plaintiff. Every order granted without notice shall expire by its terms within any time after entry, not to exceed twenty-one (21) days, that the court fixes, unless within the time fixed the order, by consent or for good cause shown and after hearing of argument by the parties or counsel, is extended for an additional period. In case a temporary order is granted without notice, the matter shall be set down for a hearing within a reasonable time and may be given precedence of all matters except older matters of the same character, and when the matter comes on for a hearing, the party who obtained the temporary order shall proceed with the complaint for an order pursuant to § 15-15-3 and, if he or she does not do so, the court shall dissolve the temporary order

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