Ex Parte & Judge


#1

When an ex parte order is granted it is heard by the judge holding court that day, who may or may not be present for the return hearing. In most counties the courts do make an attempt to have the same judge hear a domestic case all the way through, but there are no guarantees.
An ex parte order is granted based only on the evidence presented as part of the ex parte motion, no other evidence is considered. The purpose of the return hearing is to allow you to present your side of the story, and the judge cannot make a decision regarding the case until he or she has heard evidence from both sides. This is why these orders usually only last for 10 days

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#2

When an ex parte order for custody is issued, is the judge (who will be hearing the case in court) the same one who has signed or allowed the order to be executed? My fear is that the judge will have already made a decision before I am able to present my side of the case.

And does the judge have prior access to other information in the case, such as the original request for temporary custody and the answers to the request … those drawn up by attorneys.??