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
  • OR
  • five days from the service of process on the other party, whichever occurs first.

Additionally, the following three requirements must be met:

  1. 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.”
  2. The party of course must move for emergency relief.
  3. 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.