The Importance of Ex Parte Filings Against A Violent Party in Family Court Proceedings

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Usually when a party files a motion or some kind of petition or complaint to initiate a case, one must notify the opposing party before one obtains the order they are seeking. The courts recognize that sometimes just filing the initiating document can be unsafe especially in the context of personal protection orders and some other contexts where notice to the opposing party is dangerous.

For example, when filing for an order of protection or order for custody against a potentially dangerous partner it is possible to request that the Court grant an ex parte order. Making such a request does not require that the other party be given notice of the initial filing and hearing. If the Court believes the proof presented, including but not limited to the sworn affidavit and or testimony of the party who seeks the order, then the Court will grant the order but require it to be served on the other party.

If you are interested in obtaining ex parte relief such as a personal protection order, custody order or some other related issue, contact Diana Mohyi Attorney at Law.

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