What Is an Ex Parte Order?
An ex parte order is a ruling from the court that the other party is not present for. In Missouri, ex parte orders are often sought for emergency situations. Ex parte orders will often involve protection orders, custodial issues or other urgent legal matters.
Why Are Ex Parte Orders Issued?
Judges only issue an ex parte order when there is a chance that someone may be in danger or may be at risk. Ex parte orders are often granted in domestic violence cases, protective orders, harassment, and child endangerment. The goal of an ex parte order is to act quickly in order to provide the safest outcome until a full court hearing can take place. If you’re serious enough to go seek an emergency order, you must convince the court you need it; as it is a one-sided decision by nature.
How Long Does an Ex Parte Order Last?
In Missouri, an ex parte order is temporary. It lasts until a full hearing is held, usually within 15 days. At the hearing, both sides get to speak. Then the judge decides if a full order is needed. The full order can last from 6 months to a year, or even longer depending on the case.
What Occurs After an Ex Parte Order?
Once the order is served, the other party must abide by it. Should they violate it, they will be subject to arrest or other charges. The next step is a hearing in which both sides can present evidence. The judge can continue the order, alter it, or dismiss it. This will also reflect in the other party’s record if they violate the order.
What Can a Kansas City Ex Parte Lawyer Do?
An experienced Kansas City ex parte defense lawyer helps you understand the process. If you’re asking for an order, the lawyer prepares your paperwork and explains your side to the judge. If you’re served with one, the lawyer defends you in court. Either way, a lawyer helps protect your rights. A skilled lawyer also finds weak points in the other side’s claims.
Common Types of Ex Parte Cases in Kansas City
- Order of Protection: Protects someone from abuse or threats.
- Child Custody Emergency: Used when a child is in danger.
- Restraining Orders: Stops someone from contacting or going near another person.
- Stalking or Harassment: Stops repeated unwanted contact or threats.
- Elder Abuse Cases: Protects vulnerable adults from harm or neglect.
How to File for an Ex Parte Order
- Go to your local courthouse.
- Fill out a petition with facts.
- Meet with a judge for a quick review.
- If granted, the court sends the order to the police.
- The police serve the order to the other person.
- A court hearing date is set within a few weeks.
How to Respond to an Ex Parte Order
If you get served, don’t ignore it. Read the order carefully. Follow it even if you think it’s wrong. Then contact a lawyer. You will get a date for the court hearing. That’s your time to respond with your side. Bring any proof or witnesses that support you.
Rights of the Person Being Served
Even if the court made a decision without you, you still have rights. You can:
- Get a copy of the petition
- Show your side at the full hearing
- Have a lawyer speak for you
- Appeal the decision if needed
- Ask for more time to prepare if needed
Mistakes People Make
- Ignoring the order
- Talking to the person who filed it
- Showing up at places you’re barred from
- Not getting a lawyer
- Posting about the case on social media
- Throwing away court papers
How Judges Decide
Judges look at facts, not feelings. They check for:
- Threats
- Harm or risk of harm
- History of violence
- Evidence like texts, calls, or reports
- Witnesses or police involvement
If there’s no real risk, they may deny the order. Judges try to be fair but take safety seriously.
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What Evidence Helps Your Case?
- Screenshots of threats
- Police reports
- Witness statements
- Medical records (if hurt)
- Emails or texts
- Photos or videos
The more clear and direct your proof, the better your chances. Bring everything that supports your case.
How a Lawyer Builds Your Case
A lawyer will:
- Collect facts
- Check the law
- Prepare your side
- Speak to the judge
- Fight for your rights
- Keep you calm
- Stop you from saying the wrong thing
They also help with filing forms, setting dates, and talking to court staff. You don’t have to handle it alone.
Can an Ex Parte Order Affect Your Record?
Yes. While it’s not a criminal charge, it can show up in background checks. That can affect jobs, housing, and licenses. If a full order is granted, the record may stay longer. A lawyer can help you fight to stop or clear it. Some jobs, like in schools or care centers, may not allow people with these records.
What If the Order Is Based on Lies?
It happens. Some people file to get back at someone. In that case, a lawyer gathers proof to show the court what really happened. The judge can deny or cancel the order. False claims can hurt your name and your family. That’s why having a lawyer is key.
Can You Appeal an Ex Parte Decision?
Yes. If the judge rules against you, your lawyer can file an appeal. But act fast. There’s a short window. An appeal can correct wrong rulings. It gives you another chance to fix things. But you must follow court steps exactly.
Does the Order Apply Across State Lines?
Yes. Thanks to federal law, these orders are valid in all U.S. states. So if you move, it still counts. Police in other states must enforce it like their own. Breaking it in another state has the same risks.
When Should You Call a Lawyer?
- If you feel unsafe
- If you need help filing
- If you’ve been served
- If you need to fight false claims
- If your job or custody is at risk
- If you’re not sure what to do next
- If you want the order removed
Why You Shouldn’t Go Alone
The court is serious. Judges expect clear, calm answers. A skilled Kansas City criminal defense attorney knows the rules and the law. They speak for you and protect your rights. They may also help avoid bigger problems. Many people lose cases just because they don’t know how the court works.
FAQs
1. Can I file an ex parte order online in Kansas City? Yes. Some Missouri courts offer online forms, but you still may need to appear in person.
2. What if I break an ex parte order by mistake? Tell your lawyer right away. Mistakes can still lead to arrest. Never contact the protected person on your own.
3. Can I see my kids if there’s an order against me? Not unless the order allows it. Ask your lawyer to request a change or hearing.
4. Will the other person know what I said in court? Yes. They will get a copy of your statement and can reply at the hearing.
5. Can I ask the judge to remove the order early? Yes, but you need strong reasons. Your lawyer can request a new hearing or file a motion.
