Can I receive emergency relief without an ex parte order?
Where no domestic violence ex parte order is entered, the court must set a hearing after:
- providing five days’ notice to the other party
- five days from the service of process on the other party, whichever occurs first.
Additionally, the following three requirements must be met:
- The movant (you, or the person in danger) must believe that there is “danger of serious and immediate injury to himself or herself or a minor child.”
- The party of course must move for emergency relief.
- No ex parte order shall have been entered.
If service on the defendant cannot be obtained, the court may have a hearing on the motion without the defendant being present.
If you feel as though you or a loved one is in danger, please, seek immediate help.