26-111. Renewal; procedure; term.

239 words·~1 min read·/ne/chapter-26/26-111

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A petitioner may file a petition and affidavit to renew a protection order. A petition for renewal may be filed ex parte as provided in section 26-109 . Such petition and affidavit for renewal shall be filed any time within forty-five days before the expiration of the protection order, including the date the order expires.

(2)A protection order may be renewed on the basis of the petitioner's affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested renewal if:

(a)The petitioner seeks no modification of the order; and

(b)(i) The respondent has been properly served with notice of the petition for renewal and notice of hearing and fails to appear at the hearing; or

(ii)The respondent indicates that he or she does not contest the renewal.

(3)A renewed protection order shall specify that it is effective for a period of one year to commence on the first calendar day following the expiration of the previous order or on the calendar day the court grants the renewal if such day is subsequent to the first calendar day after expiration of the previous order.

(4)For a renewed domestic abuse protection order, if the court grants temporary custody of minor children, the renewed order shall specify the number of days of custody granted to the petitioner unless otherwise modified by the court.