Ex Parte Restraining Order
Ex parte is when somebody applies for and is given a restraining order by the court without any input from the person against whom they are seeking a restraining order. If the ex parte restraining order is issued in Norwalk, it will remain in place for two weeks.
Having a Norwalk protective order lawyer involved in the restraining order process, if somebody has applied for a restraining order against them, is important. The attorney can help the charged prepare to defend themself during the restraining order hearing.
If an ex parte restraining order is granted, the order goes into effect immediately. The person against whom the restraining order was applied for will receive notice that a restraining order has been placed against them. The notice will also include a hearing date within two weeks of the ex parte restraining order being granted.
The order is put in place immediately if the judge believes that there is an emergency situation in which it needs to be put in place to prevent an imminent threat of physical harm. If the judge is convinced that there is that imminent threat, they would put the ex parte order in place immediately with an opportunity for the respondent to challenge that restraining order within two weeks at the hearing.
Extending the Order
The hearing date is when the judge decides whether the restraining order should continue beyond its original two-week period of time.
After the two weeks, there will be a hearing in which both sides will be present. The person requesting the order would need to submit proof and evidence that convinces the judge that there is a viable imminent threat of physical harm that is present, therefore necessitating the continuation of a restraining order.
Role of an Attorney
It is important for a person facing an ex parte restraining order in Norwalk to have a defense attorney on their side. The lawyer can help the individual know what their rights are and to understand how best to proceed. An attorney can instruct the defendant on whether they should be making any statements as part of the hearing or even contesting the restraining order.
It is important to remember is that, for a civil restraining order, if it is granted and imposed against a particular person, that does not mean they are going to be charged or have been charged with a crime. If, however, they testify at the restraining order hearing and incriminate themselves, the testimony given at the hearing and any evidence that was submitted can be used to bring criminal charges.
It is important for a person in Norwalk that has been served with a restraining order application to speak to an attorney immediately because they have got to be able to best prepare themselves for that hearing but also to protect their other rights so that they do not get themselves into a more difficult or detrimental situation.