ExParte Order of Protection


#1

Dear Buck:

Greetings. Yes, there is something that can be done. A hearing that must occur within 10 days must occur within 10 days, and is only being continued so far if everyone agrees, generally. There are rules that allow one party to have a hearing before the judge by themselves for emergencies, which are balanced by the right to a hearing on these cases within 10 days from the date of entry of the order, if not sooner. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

How do you go about getting a private hearing before a judge? Can I request this through the court, or does my attorney have to request?

Claudia


#3

Dear Buck:

Greetings. When there is an emergency, an attorney can go and see a judge in the courtroom and ask to talk to them about the emergency “ex parte” without the other side there. This can only happen in emergencies and yes judges will do it for pro se parties (people without attorneys). Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#4

Thank you for all you advise. I called Haywood County NC this morning regarding the custody hearing next week. I was told that the Judge will only be hearing cases 4 days next week, and one trial could take up to two days. So there is a strong possibility my case will not even be heard at all. She said this trial is one from 2001! I asked her if it could take that long for this hearing, and she said yes. Her only suggestion was that my attorney be in court on Monday and try to get on the list for Wed. or Thurs. This is a nightmare. My two children ages 7 and 18 months are in the care of a drug user, just out of rehab for a few months, who didn’t even complete the program, and is not in any aftercare program. How can this be. My attorney hasn’t returned my phone calls for over a week…which doesn’t sound good.
What in the world can I do. These children do no need to be with my husband. I’m living in Tn now.

Claudia


#5

Dear Buck:

Greetings. Hearings on ex parte orders take precedence before other issues, unless the other case is peremptorily set. My advice is to try to retain an attorney that will call you back. Also, start to follow up every call to your attorney with an e-mail and a fax stating “today is the third day I have called, e-mailed, and faxed with no return call from anyone in the office.” That should help you get a reply. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#6

My husband (we’re seperated) gave a Judge faulse information an obtained an Order of Protection, allowing him to take custody of my two young boys (ages 7, and 17 months). First of all it’s hard to believe someone can file faulse claimes, without evidence and take your children. The hearding was supposed to have been in July, 10 days after I was served, but because there were so many cases on the docket, we were bumped until August 30. I’m now living in Tennessee, and am being told again that there are several cases to be heard and I could be postponed until Setp. or Oct. Is this possible? Is there anything I can do? My attorney doesn’t seem to be too concerned, while in the mean time my two boys are being raised by their drug addict father, who’s only a few months out of Drug Rehab. What is wrong with a system that allows this to happen. There should be some kind of emergency hearing.

Claudia