Notwithstanding what is established in other legal provisions, the court may issue an ex parte order for protection if it is determined that:
(a) Diligent attempts have been made to serve the respondent with a copy of the summons issued by the court and of the petition that has been filed before the court, which have been unsuccessful, or
(b) there is a probability that giving prior notice to the respondent will provoke irreparable harm which the order for protection is intended to prevent, or
(c) when the petitioner shows that there is a substantial probability of immediate risk of abuse.
Whenever the court issues an ex parte order for protection, it shall do so provisionally, it shall immediately serve the respondent with a copy thereof or in any other manner, and shall give the party an opportunity to object to it. To such effect, it shall docket a hearing to be conducted within twenty (20) days following the [issuance] of said ex parte order, unless the respondent requests a postponement to such effect. During said hearing, the court may render the order ineffective, or extend its effects for the term it deems necessary.
History —Aug. 15, 1989, No. 54, p. 199, § 2.5; Sept. 23, 2004, No. 485, § 1.