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
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