Rule 407. Modification and Enforcement [Effective Jan. 5, 2026]

(a) Modification. Either party may file a motion to modify, extend, enforce, or rescind an active protective order and every motion will be scheduled for a hearing. The Court will facilitate notice as provided in Rule 403(b)(3)(A). Emergency applications may be filed pursuant to Rule 65.2. Furthermore:

(1) Abatement or mitigation of the protective provisions may only occur upon the knowing and voluntary consent of the petitioner, or clear and convincing evidence that continuation would constitute manifest injustice.

(2) Out-of-court agreements to modify the terms of an order are not enforceable until or unless approved by the Court.

(3) Modification of custody and visitation may be awarded as necessary to enhance safety and assure compliance.

(4) Modification of child support must be pursued by separate petition outside the context of the PFA.

(5) Ancillary relief may be modified to the extent necessary to realize its original purpose and terminated if the relief no longer serves its original purpose.

(6) An award of damages cannot be modified.

(7) No motion is required to recognize that ancillary relief has been superseded by a subsequent order.

(b) Extension. A protective order can be extended pursuant to statute. A motion to extend an order must be filed before the order expires, and the order will lapse if the motion is not heard prior to expiration. If a motion cannot be scheduled for a hearing before the expiration of the order and it alleges that domestic violence or a substantial violation of the order has occurred since the entry of the order or other immediate and present danger, then an ex parte hearing may be conducted and the order may be provisionally extended to the hearing date but not more than 30 days after the filing of the motion.

(c) Contempt. A petitioner may file a motion for contempt of court for a respondent's violation of any element of an order. When filing a motion for modification based upon the respondent's violation of the order, a separate contempt motion is not required. Upon a finding of contempt, the Court may do any or all of the following:

(1) Impose or enhance any protective relief that could have been awarded in the original order.

(2) Extend the order as provided in subsection (b).

(3) Adjust ancillary relief as necessary to enhance safety and assure compliance.

(4) Employ any other remedies available for civil contempt of court including but not limited to fine and imprisonment.

(d) Gun Relinquishment. Any order that directs a respondent to relinquish all firearms and to refrain from acquiring or possessing firearms and ammunition shall briefly recite the statutory category of abuse warranting the status. History. Adopted, effective Jan. 5, 2026.