Divorce Attorney Serving Minnesota
What are ex parte orders?
An ex parte order is an order issued which involves only one party. Ex parte orders are often used to protect one person from violence that could occur at the hand of an accused abuser, such as a spouse or ex-spouse. Ex parte orders can be put into effect without notice being given to the other party. As soon as the court signs an ex parte order, it goes into effect and will remain in effect for a fixed period of time, as set by the court.
It is important to know that an affidavit must be filed within 14 days of the ex parte order being issued or else the order will expire. Once the affidavit is filed, a hearing must take place. Should the petitioner fail to request a hearing, the court will issue a notice to the respondent letting the other party know they can request a hearing. If neither party requests a hearing, the ex parte order will expire.
One of the main reasons a Minnesota court will issue an ex parte order, is when there is immediate threat of domestic abuse or
spousal abuse. Granting the ex parte order not only helps protect the threatened individual, but they often receive some form of relief which the court has deemed to be proper.
In Minnesota, ex parte orders may provide the following:
- It restrains the abusing party from committing further acts of abuse
- Restrains the abusing party from entering a shared residence, or the residence of another specific party until granted permission by further court orders
- Restrains the abusing party from entering the petitioner's place of employment
- Restrains the abusing party from having any kind of contact with the petitioner, whether over the phone, via mail, email, through a third party or in person
- May require the abuser to continue insurance coverage without making any changes in coverage or beneficiary information
Ex parte orders can be very important when it comes to protecting you and your family. Whether you need to have an ex parte order issued or you have questions about the ex parte order process, we recommend you consult with a Minnesota divorce lawyer at our firm right away. We will review your situation, answer your questions and assist you in resolving your ex parte order needs.
Divorce Lawyer in Minnesota
Going through divorce proceedings can be a difficult and extremely emotional experience. If you add to that an abusive spouse, the situation can quickly race out of control. Thankfully, there are laws which are designed to protect you in cases such as this. A knowledgeable attorney from our firm can help you understand your rights and guide you through the process of getting an ex parte order issued against your abuser.
We have many years of experience helping clients with their legal needs. We take great pride in doing what we can to protect our clients' legal and constitutional rights. Your protection is very important and you should never have to live in fear. Let us help you.
Contact a Minnesota divorce attorney at Heimerl & Landers today, so we can assist you in getting an ex parte order issued and thus giving you back a little peace of mind.