Ex parte means without a party present. An ex parte protective order is one that is issued when not all parties are present. Often, that is in the context of an emergency protective order in which the respondent does not need to be present and does not have the opportunity to speak up or defend themselves before the order is issued.
An ex parte order can only be temporary because that means one party was not present to be able to offer evidence or contest the evidence. Therefore, any ex parte order will be resolved in the future court date. All parties should get notice of the future court date, and at that point, all parties will be present and able to present or confront the evidence.
If you have any questions about an ex parte order, you should reach out to an experienced protective order attorney. A dedicated Mecklenburg County ex parte order lawyer could advocate for you and help you understand your rights.
Depending on the circumstances, a person may not have the opportunity to have custody or regular visitation rights with their children following an ex parte protective order until they have the chance to get into court. This is because ex parte orders are done without them having the opportunity to speak to a judge to present or confront the evidence. If an ex parte order is issued and it does affect their child custody and visitation rights, they should contact a Mecklenburg County ex parte protective order attorney as soon as possible to make sure they are protected.
Contact is interpreted liberally by Mecklenburg courts. If the petitioner has perceived that there was contact and it was alleged as such, the court will favor the side of the petitioner rather than the respondent. It is essential to know that does not have to be direct contact or physical contact. Any communication or attempted communication whatsoever could be considered contact.
Actions as simple as liking a Facebook post or engaging with any other social media posts, even though it is not an expression of words, is considered contact. Anything that makes the petitioner aware of the person’s presence or aware of their activities would be considered contact, and it could also be as simple as being in the wrong place at the wrong time. If they were in a grocery store and the petitioner shows up and sees them, that could be considered contact even though they were not seeking them out. That is why it is imperative that they do not go to any place where they think the petitioner might also go.
Some protective orders will outline permissible contacts, often described as lawful and peaceful. The specifics of that will depend on each person’s case and what the judge specifies. Sometimes, permissible contact may be allowed as long as the contact is peaceful. For instance, exchanges of custody of children may be permissible. For more information, consult with a knowledgeable lawyer.
If you have had an ex parte order placed against you, get in touch with an accomplished defense attorney today. A Mecklenburg County ex parte protective order lawyer could fight for and stand up for your rights during the legal process. Call today.
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