Rule 405. Trial [Effective Jan. 5, 2026]

(a) Attendance. A spectator who causes a disturbance in the courtroom, in the courthouse, or the vicinity of the courthouse may be excluded even if they are a potential witness. Unless they are a witness, any nonparty who is subject to a current no-contact order in regard to a party or potential witness may be excluded from the proceedings.

(b) Subpoenas. Both parties following case review may obtain subpoenas to compel the presence of witnesses. If a hearing is rescheduled, the subpoena's mandate shall transfer to the new date and time.

(c) Protective Relief. All protective relief may be awarded for up to two years and in excess of two years pursuant to statute. Protective relief includes but is not limited to prohibitions against further abuse, contact, communication, and proximity to the petitioner's person, residence, workplace, and minor children. Orders exceeding two years may be in force:

(1) For a specific duration, or

(2) Until terminated upon motion and hearing establishing that continuation of the order constitutes a manifest injustice, or

(3) Until terminated upon motion establishing satisfaction of a condition such as completion of domestic violence intervention treatment or payment of past due financial support or damages.

(d) Limits of Ancillary Relief. Relief beyond that available in subsection (c) may not be awarded or extended beyond one year. However, orders against nonresidents where there is an absence of actual notice or minimum contacts shall be limited to protective relief. Any such lack of personal jurisdiction shall be clearly recited in the order.

(e) Compliance Calendars. On its own motion, the Court may compel the respondent to appear and provide proof of compliance or good cause why he or she should not be held in contempt of court for noncompliance for any term for which written confirmation should reasonably be available. In addition to the relief recited in Rule 407(c), an order may be extended indefinitely until the respondent provides proof of compliance.

(f) Court discretion. Custody, child support, exclusive use of a home, and temporary possession of personal property of significant value may only be awarded if requested in the pleadings, upon an amendment to conform the pleadings to the evidence pursuant to Rule 15(b), or by agreement of the parties. Except when proceeding by default pursuant to Rule 404(d)(2), the Court is not otherwise limited by the pleadings and may award any appropriate relief authorized by statute.

(g) Findings of fact. If the parties have minor children together and the youngest has not reached his or her 17th birthday, then any order or dismissal issuing after a full evidentiary hearing shall be supplemented with a brief summary of the findings.

(h) Service of orders after trial. Orders issued after trial shall be given directly to each party present. If a party leaves the courthouse without receiving a copy, the order shall be mailed as provided in Rule 403(b)(3)(A) and deemed served for all purposes. If a party against whom an order is issued was not present for the hearing, then the order may also be mailed as provided in Rule 403(b)(3)(A) but if returned undelivered by postal authorities, then other forms of service shall be utilized until actual receipt is confirmed. History. Adopted, effective Jan. 5, 2026.