St. Louis ex parte order lawyer

Have you been served with an ex parte order? Are you being wrongfully accused of adult abuse or stalking? Call a St. Louis ex parte order attorney with JCS Law because you aren’t alone. Many people are falsely accused of these types of allegations.

At JCS Law our criminal defense lawyers helps those who were served with temporary orders of protection, or an ex parte order. Attorney John Schleiffarth can boldly defend you and represent you in an order of protection hearing.

An order of protection can cost you money, embarrassment, loss of employment, and loss of gun rights, so you should not sit back when being wrongfully accused. We can help; call us today for a free consultation with a St. Louis ex parte order attorney.

What is an ex parte order?

An ex parte order is one that a judge can grant without both parties being present for the decision. In Missouri, ex parte orders are typically granted in emergency cases for domestic violence, stalking, harassment, or child custody concerns.

The party seeking a restraining or custody order files for temporary orders and must demonstrate to a judge why the order should be granted immediately, ex parte (without the other party).

The order is heard by a judge directly upon its filing and, if granted, is immediately enforceable. The other party isn’t served with a copy of the order until after the judge’s decision. These orders are temporary and normally expire after 15 days following a hearing on a Full Order of Protection.

All ex parte orders are entered into a statewide system, Missouri Uniform Law Enforcement System (MULES), accessible to all law enforcement.

What are the different types of ex parte orders?

Missouri issues several types of ex parte orders, with different protections and restrictions for the respondent according to the situation. A skilled St. Louis ex parte order attorney with JCS Law is skilled in defending against the following:

Restraining orders

Petitioners can ask for several kinds of relief in an ex parte restraining order and must list the specific type of temporary relief on their petition, such as:

• Restrain the respondent from threatening to commit or actually committing domestic violence, sexual assault, stalking, or disturbing the peace of the petitioner
• Restrain the respondent from entering the petitioner’s dwelling if the property is jointly leased or occupied, jointly owned by both parties or leased or owned by just the petitioner
• Restrain the respondent from communicating in any manner, through any medium, with the petitioner

Temporary custody orders

Temporary custody orders may be issued for minor children that both parties share guardianship of, including biological, adopted, and in some cases, step-children. Temporary custody of pets may also be considered.

Temporary injunctions

Injunctions are court orders that force a person or entity to stop doing something (harassment, for example) or start doing something (leave a shared domicile). Injunctions can be temporary, permanent, or preliminary.

A temporary injunction preserves the legal status quo of both parties until a full hearing before a judge. In Missouri, temporary injunctions are typically used to prevent one party from taking an action that the other party wishes to stop.

A temporary restraining order (TRO) is a type of temporary injunction. In Missouri, a temporary restraining order can be issued without notice to the other party, but it cannot be in effect for more than 30 days without a hearing on the matter.

Emergency orders of protection

Emergency, or ex parte, orders of protection are similar to emergency restraining orders but are most often used in cases of stalking or domestic violence. These orders are used in an emergency to prevent further harm to the petitioner, such as in cases where the petitioner is trying to leave an abusive situation or believes they are in imminent harm.

The relief provided for an emergency protection order is the same as a restraining order; however, respondents who violate an emergency protection order will face criminal charges.

What are reasons for issuing an ex parte order?

The term “emergency restraining order” is a fairly accurate description of an ex parte order. However, because the other party is not permitted an opportunity for due process in these cases, the orders are deliberately set for a short time period.

Ex parte orders in Missouri are usually issued to block the respondent from taking action or protect someone from imminent danger. The Ex Parte Order of Protection is intended for true abuse victims but may be misused by someone going through a divorce or contentious custody case.

If you suspect this is true in your case, it’s best to consult a skilled criminal defense attorney, family law attorney, or St. Louis ex parte order attorney to discuss your legal options.

Domestic violence

Emergency protection orders can help a domestic violence victim and their minor children safely leave a home shared with the abuser. Because domestic violence situations can become volatile, especially when one partner makes plans to leave, ex parte protection orders are fairly common.

Child custody

An ex parte possession order grants temporary custody in a divorce or separation. It may be used if one parent fears the other parent will take the children to another state or if one parent feels that the other is unfit.

Sometimes, though, these orders may be abused in divorce cases when one spouse wants to paint the other in a worse light. If you’re concerned that your child’s other parent may file an emergency custody order, it’s best to let your St. Louis ex parte order attorney know immediately.

Property disputes

Ex parte orders and temporary (preliminary) injunctions are often used in property ownership disputes, like cases where one party wishes to make changes to the disputed property or sell it. These orders force both parties to cease any changes to the disputed property until a judge can decide the matter.

For example, suppose a neighbor starts building a fence on your property. In that case, you can file for a temporary injunction to stop the construction until a surveyor can determine the legal ownership of the land.

Harassment

An ex parte order for harassment aims to have the responder cease the harassing behavior in person, in the workplace, or online.

What are the consequences that come with breaking an ex parte order?

Ex parte orders restrict the responder’s freedom, assets, and access to their children. Although the orders are temporary, the consequences can be far-reaching. For example, an ex parte order in a divorce case could result in restricted access to your bank accounts or other property you rightfully own, like your car, or could prevent you from seeing your children.

Ex parte orders only benefit one party – the one that files the motion and is represented in the matter. The respondent has no opportunity to contest the requests in an ex parte order and must live with the judge’s ruling until a formal hearing is held.

What is the role of an ex parte order lawyer

Your St. Louis ex parte order attorney has to work fast after you’ve been served with the judge’s temporary decision. The relief requested in the ex parte petition will be in effect until a full hearing with both parties present, so your lawyer’s first step will be to petition the court for a hearing.

Protecting your reputation

Receiving an ex parte order can be a humiliating experience. Because the purpose of the order is to provide legal protection to someone with a legitimate need for protection, the two parties are deliberately kept apart and a law enforcement office or process server delivers you a copy of the ex parte order. This could be at work or your home, potentially damaging your reputation.

Your St. Louis ex parte order attorney helps protect your reputation. If the order is unwarranted or the petitioner’s claims unfounded, they present your case showing that you didn’t stalk, harass, or otherwise abuse the petitioner.

Contesting dubious evidence

Perhaps the most important role that your St. Louis ex parte order lawyer is to ensure that any evidence the petitioner presents in the full hearing follows Missouri rules of evidence by contesting any suspicious piece of evidence presented by the petitioner.

Defense against an ex parte order

The defense strategy your St. Louis criminal defense attorney may use in an ex parte hearing will be much the same as your defense to an accusation of stalking, harassment, or other similar behaviors.

Some common defenses in an ex parte hearing can include:

• Contesting the veracity of the petitioner’s evidence
• Questioning the petitioner’s character, honesty, and integrity – are they using an ex parte order to “get back” at you?
• Present reasons why you should have access to the assets, domicile, or children that the ex parte restricted

The judge in your hearing decides whether to make the ex parte order permanent at this hearing.

Why hire JCS Law

Attorney John Schleiffarth can investigate your situation and attack the statements made against you. We can help by using police reports, subpoenaing police officers, and other witnesses to testify on your behalf.

Our St. Louis ex parte order attorney is ready to help

Do you need legal representation after being served with an ex parte order? You deserve to have your voice heard and are entitled to present your side of the story. Contact JCS Law today at (314) 561-9690 for a free consultation with an experienced St. Louis ex parte order attorney.