813.126.New hearing or petition for review.

Many domestic abuse, child abuse, individuals-at-risk, and harassment orders start with a ruling from a court commissioner, and section 813.126 gives a party a path to have a judge take a fresh look. A motion requesting a de novo hearing on a commissioner’s determination, order, or ruling — including a denial of a temporary restraining order request — must be filed within 30 days after the commissioner acted. The court must then hold that hearing within 30 days after the motion is filed, absent good cause for an extension, and the commissioner’s determination remains in effect until the judge issues a final ruling.

The section also addresses what happens to a permanent injunction after the fact. If the criminal conviction that formed the basis for a permanent injunction under one of the covered sections is later vacated, the respondent may move for a hearing to review the injunction, and the court must hold that hearing within 30 days absent good cause for an extension. If the judge finds the conviction has indeed been vacated, the judge must modify the injunction’s duration or vacate it outright, weighing the risk to the petitioner and the time that has passed. Any modified injunction cannot run longer than the maximum term that would have been available at the outset had the injunction never been permanent, and if that maximum period has already elapsed, the judge must vacate the injunction.

Notice to the nonmoving party is required for a motion under either provision, with one exception: a motion to review the denial of a temporary restraining order does not require that notice.