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Rule 21 Other Existing Orders

Part V. Issuance of Protective Orders

(a) Duty to Inquire About Other Existing Protective Orders. Before issuing a protective order, a judicial officer must examine all available records and question the plaintiff to determine whether any other protective order affecting the parties has been issued or served.

(b) Pre-Issuance Hearing. Upon finding that the parties have an existing protective order between them, the judicial officer may schedule a pre-issuance hearing with notice to both parties, unless the judicial officer determines, after reviewing all available records and questioning the plaintiff, that failure to issue the ex parte protective order is likely to result in imminent danger to the plaintiff or a protected person.

(c) Orders Affecting Family Law Matters. If a protective order conflicts with an existing legal decision-making order, the protective order controls until further order of a court.

Amendment history: Formerly Rule 1 in part, added Sept. 5, 2007, effective Jan. 1, 2008. Amended Sept. 16, 2008, effective Sept. 26, 2008. Adopted on a permanent basis effective Sept. 3, 2009. Amended Aug. 30, 2012, effective Jan. 1, 2013. Renumbered Rule 21 and amended Aug. 27, 2015, effective Jan. 1, 2016.