An ex parte domestic violence protective order is a temporary order entered before both sides have been heard. It can set immediate boundaries, but it is not the same as the later hearing where the parties can present their positions.
The North Carolina Judicial Branch describes the initial ex parte hearing, service of court papers and the opportunity for both parties to present evidence at a subsequent hearing.
Read the actual order
Temporary does not mean optional. Review any restrictions on contact, access to a home or arrangements involving children. Follow those terms while asking an attorney about your options.
If an order prohibits contact, do not assume that an apology, message through someone else or invitation to talk makes contact permissible. Seek advice before taking action that may conflict with the order.
Prepare for the hearing
Keep the complaint, order and hearing notice together. Relevant messages, photographs, recordings, witness information and a timeline can help an attorney understand the events. Discuss how that information should be preserved and presented.
The hearing is an opportunity to address the allegations and evidence. Do not assume the temporary order settles all questions, or that you can ignore the hearing because you disagree with what was alleged.
Consider related family matters
Tell the attorney about existing custody orders, divorce proceedings or a related criminal case. Those matters may involve different documents and court dates.
Learn about the firm’s protective-order representation or contact the office. If you are in immediate danger, call 911.
This article provides general information, not advice for an individual case.