Ex-Parte Expires


#1

This ex-parte order, against me, which is known as a domestic in a civil expires in weeks. My STBX is being served any day with our complaint covering divorce, custody, alimony, equ. distribution. I am noticing that the ex-parte order will most likely expire before we get into a hearing/meditation. I am not certain of the exact proceedings.
What are my rights when ex-parte expires before we get another court hearing? I plan to call my stbx to get my time back with our child. My lawyer mentioned I have legal rights but they do not want me to react. It’s very hard watching my child’s health care plummet under my stbx care. Our child is being used as a possession and I am praying that the legal system will see this when we get back into court. I have my files ready.
Is filing a complaint and summons the same thing as the complaint I mentioned above? My stbx broke visitation orders consistently enough for my lawyer to file a complaint and summons.
Thank you for helping me. Thank you for your time and efforts.


#2

If the ex parte order expires and is not renewed or no new orders are entered, then you no longer have any court ordered restrictions. Your rights would return to “normal,” i.e. the same rights you had prior to the ex parte order being entered.

A complaint and civil summons is the same thing as the complaint. These are documents needed to initiate a lawsuit, such as the one you have initiated for divorce, custody, alimony, and equitable distribution.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Thank you. How long after my stbx being served will our next court date or mediation happen?
In your experience, what can you foresee the custody ruling? I understand my situation is 1 in 1000’s that the judges see daily. I can’t understand the facts of findings that were ruled based off zero evidence, false allegations and lies in hearsay. Judge said “child needs to see their mother” I was still ruled with supervised visitations and a psychological eval that I completed with no diagnosis or rx. This order expires soon.
In your experience, what have you seen the custody judges rule in Meck. County after a child was taken from their mother under these conditions?
My stbx reacted because I called him and his family out on their years of identity theft and federal liens. They are using our child as a pawn. I have documents and dates demonstrating my stbx questionable personality. I pray the courts can see the truth to all of this.
Thank you for helping me. I hope this helps others.