Ex Parte, Full Protection Orders and Restraining Orders
During the time you file for child custody modification you may find yourself presented with an Ex Parte, also know as an Order of Protection or Restraining Order. As hard as it may, avoid them if you can. They can add more cost to an already expensive on going custody battle. Although sometimes when you need information that is enough to be the straw that broke the camels back, so to speak, play it smart and video tape everything.
A Sheriff will show up on your doorstep to serve you the papers for the Ex Parte. Don't panic. Accept the papers and contact an attorney immediately.
There are somethings to consider. It should be served to you and only you. You have 30 days. Because it may take sometime to get served you need to show up at the court hearing even if you don't have an attorney. When you go to the Ex Parte hearing you can request a hearing based on the fact that you have not had enough time to gain representation, an attorney. If a continuance is not granted you can request it be documented for the Court of Appeals. Don't try to strong arm a judge with this. Just ask.
If you contest the Ex Parte, the judge will keep a Temporary Order of Protection until he brings you all back in for a trial hearing. This is where DOCUMENT, DOCUMENT, DOCUMENT comes in very handy. Never to child exchange by yourself if possible. We bought a Sony HandyCam and started recording child exchange and recorded all phone conversations.
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Recorded Phone Conversations: Are They Admissable in Court?