Conozca la Ley: North Dakota
ACTUALIZADA 1 de julio, 2008
An Ex Parte Order is a temporary order you can get in court without your abuser being present.
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- How do I get an ex parte order?
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In general, an ex parte order is a temporary order. In order to get a DV protection order, which lasts longer, you have to have a full court hearing, where your abuser may be present. An ex parte order will restrain your abuser from the time you file for the DV protection order until your full court hearing. You may receive an ex parte order without the knowledge of your abuser. Your abuser does not have to be in court for you to get an ex parte order.
Ex parte orders are granted only if you can prove to the judge through your testimony or evidence that one is necessary to prevent immediate harm to you or your family.
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An ex parte order can:
- Forbid the abuser from threatening, molesting, injuring, harassing, or having contact with you
- Forbid the abuser or anyone the abuser lives with from entering your home
- Award temporary custody or establish temporary visitation rights of minor children you have with your abuser
- Order your abuser to hand over any firearms in his possession to the authorities and forbid him from buying firearms while your order is in effect
Whether a judge orders any or all of the above depends on the facts of your case.
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If you receive a DV protective order after a full hearing, your ex parte order lasts until your abuser is served with (formally given) the DV protective order.
arribaHow do I get an ex parte order?
You must go to a district court in your county and file an application. Please see the How do I get a DV protection order? section below for more detailed information.
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According to North Dakota statutes, if you are in urgent need of an ex parte order and the courts are closed, you may file an application for an order with a magistrate (for example, a law-trained municipal judge). If you are granted an order by a magistrate, it will last 72 hours, or until a district court can grant you an ex parte order.