An ex parte restraining order in Fairfax is an immediate temporary order issued by a judge before the formal hearing for a permanent restraining order. An ex parte restraining order does not require both parties to be present. Only the party requesting the order has to be present. Such orders are in place to provide temporary relief to a petitioner. Contact a domestic violence lawyer if you have been served with an ex parte restraining order.
In order to obtain an ex parte restraining order in Fairfax, an individual must to go to their district court, explain why they need a temporary order, and swear an affidavit. The judge will then review the relevant facts in the individual’s testimony and decide whether or not it is appropriate to issue a preliminary restraining order.
Though the time period of ex parte restraining orders vary between states, they are temporary in nature and have an expiration date.
A judge will typically set an expiration date on the day both parties come to the court for a hearing that will determine whether or not a permanent restraining order can be granted.
Once the date is given, the ex parte order must be served to the party against whom the restraining order is sought. When the ex parte restraining order in Fairfax is served it becomes effective.
When the ex parte restraining order becomes effective, the individual who has been served is typically not allowed to contact the individual who requested the order for the duration of the order. Both parties will then appear in court once the order has expired to present how they would like to proceed with the order.
At this time, it is common for a permanent restraining order to be granted, for the temporary restraining order to be dismissed, or for the temporary restraining order to be continued.
In order to extend an ex parte restraining order in Fairfax, the parties must appear in court and ask for a continuance. There are a variety of reasons why an ex parte restraining order may be extended.
One reason, is that the individual requesting the order would like more time to gather evidence to build a stronger case. Another reason, is that the individual who was served may want seek counsel to see how best to respond to the order.
If a continuance is granted, the temporary restraining order will remain in effect for a period of time until it expires again.
An ex parte restraining order in Fairfax does not necessarily impact the criminal case. However, it is generally good practice to try to resolve the criminal case before the ex parte restraining order is dealt with.
This is why an individual who has been served and charged with a criminal offense will likely want to request a continuance of the temporary restraining order, to give time for their criminal offense to be resolved before testifying at a subsequent protective order hearing.
Northern Virginia Criminal Defense Group
