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What is a domestic violence ex parte order?

Posted by Michael G. Butash | Aug 11, 2017 | 0 Comments

What is a domestic violence ex parte order?

A domestic violence ex parte order is a domestic violence injunction. It's ex parte because one party has filed an emergency motion and is having direct conversations with the court without the other party being present or privy to that conversation. It is strictly prohibited to have ex parte communication because it's a violation of the other party's due process rights. However, the law in the state of Florida acknowledges the need under emergency circumstances for ex parte communication. The way they remedy it is if they court grants the ex parte injunction, they set a hearing as soon as possible, usually within one or two weeks, so that the other party can show up before the court and put on their case and chief. The court can determine, based on both sides of the story, whether or not the injunction should be made permanent.

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...

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