When couples are heading toward a dissolution or a divorce, angry words can turn to physical attacks. Everything You Need to Know About Free Child Custody Lawyers. The Order is generally good for a year and must be renewed via another motion and hearing. We will make sure flimsy charges are aggressively challenged and your rights are protected. In a Child Custody Case, Who Is Really the Better Parent, According to the Court? An Order for Protection cannot be supported unless a person can demonstrate a real threat, endangerment, abuse or desire to harm. This order remains in effect until a hearing is held, usually within days or a couple of weeks after the ex parte order is issued. But just because this happens in some cases, this doesn’t mean it happens every time. Obtain skilled legal counsel immediately to protect your rights to your property and your home and to parent your children. Courts around the country are required to grant ex parte orders when a person alleges that he or she has been abused by a family member, domestic partner or certain other individual. It must still go through the judicial system, as if the person went to the court themselves to file. Additionally, the Court may grant orders affecting numerous other rights of parties. Texas Law on Removing a Restraining Order, How to File a Temporary Restraining Order, The 'Lectric Law Library, Legal Definition of Ex Parte, Love To Know, Corp., Protective Order Legal Definition, State of Missouri, Revised Statutes Section 455-050, Putnam County Florida, What steps must be taken to obtain an Ex Parte Petition for Involuntary Examination, J. Douglas Barics, Attorney At Law, Order of Protection. The complainant can then ask the judge for a restraining order of a more permanent nature while the respondent can ask for the restraining order to be removed or modified to be less onerous. If you are a victim of an unfounded accusation of abuse, seek out knowledgeable legal advice as soon as possible. Ex Parte is removal of the child, or vulnerable person, from the current environment. People who seek an order of protection in the Greater Kansas City metro area may fear for their safety and their lives. Laws exist in every state to allow ex parte orders, but each prescribes different reasons for allowing them and different time frames for the hearing that necessarily follows. This means that the person filing the order for protection has the burden of proof in court, and the other party has the right to a proper defense at the hearing. A hearing is scheduled, at which both the person filing the paperwork and the defendant need to be present, or the judge can dismiss the case or find in favor of the person who was present. The United States Constitution's fifth amendment requires "due process of law" in judicial proceedings, which requires both parties being present or at least having fair notice. Whether you’re the one seeking an order of protection or have been served with one, you need experienced legal counsel to help you protect your rights. Call 816-347-1818 or contact us online to get started. The judge issued an ex parte protective order that requires Jim to stay at least 500 feet away from Karen at all times until the court can hear a response from Jim and determine a more permanent arrangement. At court, the judge decides if the protection order will be canceled or continued for one year. Different judges see these kinds of orders differently—some are quick to issue them in almost any case, while others issue them only in the most urgent of circumstances to avoid immediate and irreparable harm to the person asking for the order. One parent alleges a danger to the child from being with the other parent and seeks the removal of the child from that parent.
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