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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32154
Experience:  Began practicing Family Law in 1992
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I need an exparte quick but cant leave home

Customer Question

I need an exparte quick but cant leave home
Submitted: 5 months ago.
Category: Family Law
Expert:  JD 1992 replied 5 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Is there a specific question with which I could assist?
Customer: replied 5 months ago.
Expert:  JD 1992 replied 5 months ago.
What do you need an ex parte hearing for? I will be online and can help you in the next few minutes but I have to understand your case because the answer can change based on a lot of factors.
Customer: replied 5 months ago.
Expert:  JD 1992 replied 5 months ago.
You have to file a petition or application for whatever relief you are requesting, along with an affidavit supporting the petition, and then ask that it be set for an immediate ex parte hearing by telephone. However, you would be much, much better off hiring a lawyer by telephone to do it and then having the lawyer contact the police and getting them involved. The lawyer is more likely to get the judge to grant an ex parte hearing by telephone plus they can make arrangements for someone to come to your house and swear you in for the hearing.
Expert:  JD 1992 replied 5 months ago.
Regardless, that is the procedure that you use:1) File the petition2) supported by an affidavit3) request an immediate, emergency ex parte hearing by telephone,4) have someone swear you in,5) You then have to have the judge sign the ex parte order and have it served on him. An order, ex parte or not, isn't effective until it is served on the person.
Expert:  raymond-cssm replied 5 months ago.
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