What happens when you file an ex parte?
What happens when you file an ex parte?
An order that is issued ex parte means that it is issued without prior notice to the other parent, based only on your affidavit/testimony. If the judge issues an emergency ex parte order, the judge will schedule a hearing within 14 days2 and the respondent but be served at least 5 days before that hearing.
Does protective order affect divorce?
A restraining order can do a lot more than that, however. In fact, a restraining order can impact nearly every issue usually resolved in a divorce, except for actually changing the legal marital status of the parties.
Can you get an order of protection against someone you live with?
Although most states allow you to get a domestic violence protective order against someone you are married to or live with, you may not meet these requirements. Don't worry, many states also allow you to a get restraining order against someone you've dated or had a child with.
How do I stop an ex parte order?
The judge must decide whether to issue a permanent order to replace the temporary ex parte order. If the judge doesn't believe you need a permanent order, the judge will dismiss the petition and vacate, or cancel, the ex parte order. If you fail to appear at the hearing, the judge will dismiss the order.
