Ex Parte Order


#1

There was an attempt by my ex wife to file an 50b ex parte order against me. She has fabricated a lot of the allegations and will not have very much evidence to present that is conclusive of anything…The ex parte was denied, but she was granted a hearing. I am still a little worried just for the fact that she is distorting facts and will not hesitate to lie under oath because she has done so before. i am making sure to be thoroughly prepared for my defense regardless. My question is what is the likelihood of a judge granting a dvpo during the hearing even after the initial 50b was denied? Thanks!


#2

not a lawyer

I was in the same case, and my first advise would be to take a lawyer, a restraining order is a very important matter and can be a terrible nightmare if the judge decides to go with it.

Another very very important advise, DO NOT GO CLOSE TO YOU EX WIFE !!! If you really really have to, choose a crowded public place, record any conversation, record EVERYTHING. Many women will do some very crazy accusations, setup or anything to be sure she has total control of the situation, and that is another bad nightmare, nothing is easier for her to make a few small bruises on herself and call the police on you, you will spend 24h in jail and 8 months in hell with an endless battle in court.

For your original question, this is a good thing that the judge decided it was not an emergency and that she was not in a direct danger.
During the hearing, that could go in one way or another but the judge will base his decision only on facts that she can back up, so it’s not that easy for her to get that if nothing happened.

I would take a lawyer anyway, it cost between 750 -1000$, overall if you have kids, it s worth it.


#3

The basis for my question was due to the police officer telling me chances were slim if it was denied that she would actually get the dvpo at the hearing. thanks for the suggestions…on another note regarding costs, that is the other reason i posted. If I were to retain an attorney i would want a very good one, otherwise it would defeat the purpose to even have representation. A good lawyer wants 500-600 consultation fee, and a couple grand in a trust account. At 300 per hour that money will go fast…maybe i need to check around some more? That’s the quote i was given.


#4

I can’t speak to whether the judge will grant her DVPO or not - there is no rule of thumb about it being harder to obtain a DVPO if the judge initially declined to issue an ex parte order. Our consultation fee at Rosen is $300, and we offer a flat rate fee for our services. To set up a consultation with one of our attorneys, contact us and we can discuss the best way to proceed with your case. As an alternative, you can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month.