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DAVID CLARK
Criminal Defense Attorney

Ex Parte Restraining Orders in Bucks County

Ex Parte means one party being heard by the court without the accused being present by them or through counsel. Once the initial period is over, no other ex parte hearings can come into play. Ex Parte restraining orders in Bucks County are initially filed by a petitioner and approved by a court on a temporary basis because of emergency purposes. A judge can grant an ex parte restraining order if they believe there is an immediate threat of harm or violence to an individual. Once there is a formal hearing, the ex parte order is no longer in effect. However, when matters are handled in an appropriate fashion, legal counsel for the defendant will not allow such a ruling prior to a decision or disposition in the criminal case. If you are the subject of ex parte restraining orders in Bucks County, it is essential that you have an experienced restraining order lawyer by your side.

Defining an Ex Parte Restraining Order

By Bucks County law, simply stated, an ex parte restraining order is one that is initially filed by a petitioner and approved by a court on a temporary basis because of emergency purposes. These are the initial filings of emergency protection from abuse orders where there is an imminent harm or potential harm to an individual, child or other familiar members. In these cases, a court can order a temporary requirement such as removal of a protection from abuse order and an ex parte that is one part fashion. However, within two days, the other party has the ability through the use of an attorney to respond and/or contradict any of the orders originally placed in an ex Parte filing before the Court of Common Pleas.

Judge Grants Statute

A judge can grant ex parte restraining orders in Bucks County in circumstances involving imminent threat of harm and/or violence between one party and another, that is, should an individual be in imminent fear of bodily harm and/or injury, then it can be through an emergency protection from an abuse order by the court which is often ex parte that is only one party is there, that one’s saying it happened, order certain restrictive requirements even prior to a formal hearing.

This is an order that is put in place should the court find it necessary to protect the individual filing where it often involves children in abusive situations and/or wives or husbands in similar situations. Other familiar contacts often come into play, whether they be boyfriends, girlfriends, ex-boyfriends and/or ex-girlfriends. Under these circumstances, an individual can obtain an ex parte order and hope that the court can approve such order in a fashion that immediately protects the bodies with a formal hearing to follow within 48 hours.

How Long Does the Order Last?

Ex parte restraining orders in Bucks County last for approximately 48 hours or until a hearing can be had with both the petitioner and respondent present. In some cases, when they are appealed, they can last indefinitely through an entire course of an open criminal case or by agreement or by ruling in the court up to five years for a protection from abuse order. A hearing is scheduled once a judge agrees that there is a potential for imminent danger. No other ex parte hearings will follow the original hearing. Ex Parte means one party being heard by the court without the accused being present by them or through counsel. Once the initial period is over, no other ex parte hearings can come into play. Within 48 hours and/or a temporary hearing is had within 30 days, then the order will no longer be ex parte restraining orders in Bucks County and it will be a final order of the court.

Impacts on Case

An ex parte restraining order can have a significant impact upon an individual’s open criminal matter, should they both be based upon the same set of facts that the accused is facing in the criminal matter. Complainants may file protection from abuse orders in order to gain some sort of advantage over a defendant in a criminal manner, meaning, putting more restrictions upon what a criminal defendant can do while fighting their case.

A complainant will often attempt to use the fact that a protection from abuse order has been granted, whether ex parte or not, in the defense when presenting in a criminal court. In most cases, when the matters are handled in an appropriate fashion, legal counsel for the defendant will not allow such a ruling prior to a decision or disposition in the criminal case.

Benefits of an Attorney

When someone is the subject of ex parte restraining orders in Bucks County, it can impact their open criminal case. It is important that they have legal representation. Once there is a formal hearing, the ex parte restraining order becomes a standard final order. These orders are for emergency situations and last 48 hours but can be extended if the court decides it is necessary to have a legal separation between the parties. If you are part of a criminal or family court matter and an individual has submitted an ex parte restraining order, a judge will determine if it is necessary to have the emergency restraining statute. It is important to have legal representation if you are facing any ex parte restraining orders in Bucks County.

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David Clark Attorney at Law

David Clark Attorney at Law
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