What Are My Rights After Being Served An Ex Parte Order?

ex parte orderQuestion:

My wife recently filed an ex parte order and I was kicked out of our house. I only had a few minutes to gather my things. There are a few personal items, like work boots and my personal car, that I need.

How do I get this stuff without getting in trouble?

Answer:

Virginia Beach divorce attorney Jonah Dickey
Virginia Beach divorce attorney Jonah Dickey

I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information regarding your situation.

Depending on how your state’s protective orders are worded, you will probably need to get a court order permitting you or a third party to go to the house at a specific time and date to retrieve your things.

In Virginia, where I practice, once a judge issues a protective order, you cannot have any direct or indirect contact with the other party. Indirect includes any contact through a third party.

However, upon a motion to the court, the judge will generally permit you or a third party to enter the home on a specific date and time to retrieve personal items of necessity.

This is a serious matter with serious long term consequences. It is in your best interest to seek out the counsel of a licensed attorney in your area that can represent your interests to the court.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Virginia divorce lawyer Jonah Dickey, contact Cordell & Cordell.

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