Baltimore County has specific procedures outlined for Ex Parte Hearings that you should familiarize yourself with in case you are in an abusive situation. When filing a request for an Ex Parte hearing, you should always work with an experienced attorney who can make a strong case and ensure you and your children are protected from an abuser.
Ex Parte Hearings
Ex Parte Orders can be filed in court during an emergency situation where there is imminent risk of immediate, substantial and irreparable harassment or harm to a minor child or other party before a traditional hearing could be scheduled. These orders can grant temporary custody of children and require an abuser to:
Stop abusing the named party/parties
Completely cease contact with the named party
Stay away from the workplace and home of the named party, as well as the school that the children attend
Move out of a home that is shared by the abuser and the named party
What Happens When You Need an Ex Parte Hearing?
First, you will work with an attorney to prepare your request. The same day that you file a Petition for Protection, you will see a judge, who will decide if there are reasonable grounds to issue an Ex Parte Order. Because these are emergency orders designed for situations where people are in imminent danger, an attorney can create a strong case to ensure you remain safe. If the judge deems relief appropriate, a temporary Protective Order will be granted.
The temporary restraining order can last up to 10 days for a Baltimore County resident or 35 days for a non-resident, and they can be extended for one additional period. The party that was affected by the order can apply for a dissolution or modification on two days of notice to the party who obtained the order.
After the Ex Parte Order has been delivered, a Protective Order hearing will be scheduled within seven days of the date the order was filed. The moment that the Ex Parte Order is served, it is considered to be in effect. The Protective Order hearing will determine whether or not a final protective order should be extended.
Do You Need to Prepare for Ex Parte Hearings?
If you and your child are an imminent danger and in need of a protective order to prevent additional harm, Lebovitz Law can help. To learn more about how we can assist you, please contact us today.