Ex Parte Protective Orders in Richmond
An Ex Parte hearing is any hearing in which the person being accused does not have a representative or voice. Most Protective Orders are Ex Parte initially, as well an Emergency Protective Order (“EPO”). The party that is been aggrieved testifies to actions of the accused. The accused is not present to answer for those actions or to refute those actions. At an Ex Parte hearing, the court can only issue an EPO. They cannot issue a two-year Protective Order without giving the accused an opportunity to refute the allegations against them.
When Would a Judge Grant an Ex Parte Order?
A judge will grant the emergency protective order if the aggrieved party makes an allegation of violence or threat of violence. Since there is nobody there to refute it, EPO’s are very easy to get. The complainant tells the judge (under oath) that somebody threatened violence against them or committed an act of violence against them and an EPO will be issued. EPO’s typically last 72 hours.
Extending an EPO
After the 72-hour period, an Ex Parte Protective Order can be extended. EPO’s are usually extended when a hearing date has been set but has not been heard yet. Under these circumstances, a judge could continue the Protective Order until the hearing date.
Does an Ex Parte Protective Order Impact a Criminal Case?
An Ex Parte Protective Order would not impact a person’s criminal case unless they violate the Protective Order. Since it is an Ex Parte hearing, the person who has the protective order levied against them does not know there is a protective order being levied against him until it is served on them. It is like not knowing that they have a warrant out for their arrest. Police officers are going to serve them with a warrant which means that if they are in the midst of illegal activity when they come to serve them with a protective order, they could be arrested and pick up new charges. An example would be somebody smoking weed in their house.
If there is an active Protective Order against them that they do not know about, then the police can come knocking on their door just to serve them with the Protective Order and since someone is smoking weed in their house, they are picking up new criminal charges for engaging in that illegal activity.
Ask for Legal Assistance Today
When presented with the burden of having to argue your case in court, you may find it difficult to argue against the state without having someone at your side with experience in handling criminal cases. When dealing with an EPO, it is important to have an attorney handle your case in order to be informed of any restrictions that may limit your ability to be around the alleged victim of the domestic violence offense.
By being fully aware of your limitations, you may find it easier to follow the regulations set by the Court. To learn more, be sure to contact an attorney today.
