What to do about an ex parte order and a temporary domestic violence order?
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What to do about an ex parte order and a temporary domestic violence order?
My kids father was granted an ex parte order giving him temporary custody. This superseded my temporary domestic violence order before the hearing that was protecting my kids and myself from the father, as well as giving me custody of the children with no visits with the father. When I went to the hearing for the domestic violence order, 2 days after the ex parte was granted in the other case, I was granted a permanent order after the hearing. Does my order supersede the prior temporary exparte? Do I still need to attend the hearing for the ex parte now that I have a permanent order for restraint and custody?
Asked on September 2, 2012 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I think that you need to go and seek legal help as soon as you can. "Ex parte" means done by one party alone so you essentially did not have a say and I am sure that your ex was not forthcoming about the situation as it really is. I would not ignore court orders to appear. But I would not go by yourself. You need to bring a lawyer to the hearing and all your documentation that gave you custody, etc. Good luck.
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