Determination That Petition Filed Under False Pretenses, etc.; Voiding of Order; Revocation of Order.

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Section 12-26-10

Determination that petition filed under false pretenses, etc.; voiding of order; revocation of order.

(a) If a court makes a preliminary determination that a petition for an order of limited relief was filed under false pretenses or supported by false evidence, the court shall notify the petitioner, and the petitioner shall have 30 days to file a response to the court's determination. After 30 days or the filing of the response, whether or not the petitioner was able to be located, the court may order a hearing or enter an order revoking the order.

(b) Subsequent conviction of a Class A, B, or C felony shall void an order of limited relief.

(c) When an order is issued while the petitioner is on probation for the related offense, the court may revoke the order upon a finding that the petitioner has violated the terms or conditions of probation.

(Act 2019-464, §10.)


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