Ex Parte/Emergency Order Attorney In Anoka, Minnesota
Usually when a party files a motion with the court, the opposing party has to be given the opportunity to be heard before the court order issues any sort of relief. However, there are times when emergency situations come about and this means that the party may petition the court for Ex Parte relief. In these cases, the court will order the relief that the party seeks before there is ever a hearing.
If you believe you have an issue that requires an Ex parte Order, you need the help of an experienced Anoka family law lawyer. Christian Peterson has extensive experience in these matters and can offer you the immediate help that you need and will defend your interests.
Guiding You Through Your Emergency
The Ex Parte order is an emergency remedy and should only be obtained when there is a legitimate and serious need. Examples of legitimate and serious needs include:
- Emergency injunctions
- Abuse or domestic violence
- Intentional interference with custody orders or kidnapping
- Failure to abide by a contempt order
In all cases, an Ex parte motion has to be filed with the court first. The opposing party is then entitled to receive notice of the motion. The court could request a hearing to determine whether or not the order should remain in effect.
Challenging An Ex Parte Order
If you are named in an Ex Parte order that keeps you from having access to children or your home, you can make yourself heard at the hearing. The hearing is your opportunity to defend yourself and your Minnesota family law lawyer can help you through this process. Unfortunately, there are times, especially during child custody or divorce proceedings, that an Ex Parte order may be sought and there was no reason to seek it. The hearing is an opportunity to challenge the legitimacy of the claims and have the order removed.
One type of emergency order is the Order for Protection. Violation of this order can cause an individual to be put in jail. There have been cases throughout Minnesota where an individual has sought an Order for Protection in an attempt to help them gain footing in a custody or divorce matter. At the same time, there are many Orders for Protection that are sought due to legitimate reasons. The hearing is conducted to distinguish what is a legitimate threat and what is not or whether or not a person really did fail to abide by a contempt order or interfere with custody orders. With the help of your attorney, you can effectively state your case against the order so that it can be considered.