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Is my ex parte order permanent?

Jacksonville, NC |

I have an ex parte order. It specifically states "until either party files for court appearance." The father has shown no interest for just shy of three years. Is my ex parte order now permanent?

Attorney Answers 2


It would truly be best to have such a critical document reviewed by an attorney through a consult to ensure you get the best, spot-on analysis and assessment. But generally speaking, ex parte means that the order was entered without notice to the other side and thus no true "hearing". It's unusual for an actual ex-parte order (such as a domestic violence protection order or an emergency custody order since you mentioned "father") to not mention the expiration date. Perhaps what you have is a temporary order and you all just never went back for the final trial. You really just need to get that reviewed which could all happen in a consult, no need to necessarily hire beyond that, so not too expensive.
Good luck!

The responses contained herein do not form an attorney-client relationship, nor are they intended to be anything other than the educated opinions of the author. The responses may or may not apply to you and should not be relied upon as ACTUAL legal advice. Rather, what is being provided here is legal information that would be best followed through on with a consult with an attorney after learning more about your specific facts, needs, legal issues, and goals.

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No. It expires after 1 year if it's a dvpo. If it was an emergency custody it also would expire if there was never a hearing on temporary custody and then permanent custody.

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