Many people live in volatile situations, many of which end tragically on a regular basis. According to the Domestic Violence Intervention Program, most times, vacating an abusive relationship is not only emotionally demanding but can also be life-threatening.
They add that the riskiest time in an abusive relationship is immediately after the break-up. It is 70 times more likely for females to be killed shortly after exiting the relationship than they were in the relationship.
Unfortunately, many abused people do not know about getting an ex parte to protect themselves from a violent partner. Others know but are afraid or do not know the procedure, while Many others do, which has helped save their lives.
What Is an Ex Parte Custody Order?
An ex parte order is a lawful statement documented with the court without informing your spouse. You can submit ex parte orders for custody cases to avoid bodily harm or to prevent financial loss.
These injunctions give timely relief, instead of lingering for weeks to get a court hearing. Moreover, the court generally delivers provisional assistance until the people involved plan a more formal hearing on the issue.
How to File an Ex Parte Custody Order
When it comes to custody circumstances, you can file for an order to safeguard your child/children. If the child suffers from any physical or mental abuse, you can file the order.
In some states, the order is offered for situations like child support payment failure or not obeying a court order. However, you will prefer to evaluate your state laws for the laws regarding the allocation of a temporary custody order.
If the order is granted, the court can end custody of the child from the other parent and prevent them from being involved in all facets of the child’s life to ensure their safety. To obtain that type of order often requires more proof for the court to make a decision. You may want to hire a skilled family law attorney to help you steer through this serious procedure.
How to Obtain an Ex Parte Order
To obtain a protection order, you must encounter an emergency. A judge will not grant the order if you’re simply disgruntled about the custody appointment of your kids.
In most court hearings, the other party gets notice of the problems being protested and the court date. However, for a protection order, the other spouse isn’t informed, giving more strength to the emergent circumstance.
To get an order, you’re required to petition the court. The local family court or a family lawyer can assist with filing the required documents. It takes about two days for a date to be issued by the court.
Once the judge grants the order, the official hearing is often set within a few weeks. At this point, the other party gets a notification of the hearing. During the hearing, the other party gets an opportunity to present their side of the story to the judge.
If you find yourself in an emergency pertaining to yourself or your children, consider hiring a lawyer to help you resolve this issue by seeking an ex parte.
A trained family attorney can assist you with navigating through the sensitive procedure, lending you or your children the safety you seek.