Can a judge give an ex parte order?

You might be afraid that you will be harmed if the abuser finds out you are asking for a PPO. In either case, you can ask for an ex parte order. If the judge gives you an ex parte order, you will not have to wait for a hearing before you get your PPO.

What happens after you file an order of protection?

After you file for an Order of Protection, a judge will review your petition and may grant a temporary “Ex Parte” order that grants certain protections and relief until the court date (approximately 15 days after the petition is filed). The temporary order may be extended if your case in continued.

Is there a fee to file a personal protection order?

There is no fee to file a petition for a personal protection order. However, it may cost you money to have papers served on the other party. This depends on who serves them. For more information, read Serving Your Personal Protection Order. Will the abuser see what I write in my petition?

Can a judge deny a personal protection order?

The judge cannot deny your petition solely because you don’t have a police report or other evidence. However, if there are police reports, medical records, or other evidence, you should file them with your petition. They can help the judge understand what happened to you and why you need protection.

What happens if an ex parte is not granted?

In cases where an Ex Parte is not granted, you may still receive a “Summons,” which does not include any protection or relief. A full Order of Protection can only be granted after the Respondent has been notified (see below). Full Orders of Protection are a minimum of six months in length. They are typically entered for one year and are renewable.

Can a protection order be issued ex parte?

“Since protection orders are done on an emergency, ex-parte basis, the defendant does not get an opportunity to explain their side of the case before the order is issued,” Mr. Cordell said.

When to avoid charges of Ex parte communication?

To avoid charges of ex parte communications, all parties (or their attorneys) should be present when: the judge discusses the case with a party, an attorney, a witness, or anyone other than the judge’s own staff the judge is giving instructions to the jury, or the judge (or any other person) is talking to the jury about the case.

Which is an example of an ex parte hearing?

The most common example of an allowable ex parte proceeding is a hearing on an emergency restraining order in a domestic violence case.