Ex-parte hearing means one party is heard
Video Transcribed: Step two in a protective order process, the ex-parte hearing. What is that? I’m Tulsa attorney James Wirth, and I’m about to answer that question for you. Okay, so what is an ex parte hearing? Well, after a petition for a protective order is filed, it’s set for an ex parte hearing the same day, pretty much right away. In Tulsa County for instance, I’ve got a couple of different dockets. If you fall in the morning, then you’ll be on that docket. You file in the afternoon, you’ll be on another docket. As long as you file it in time by a certain time in the afternoon, you can be in front of the judge that same day.
At that ex parte hearing, it’s called ex parte because that means one party is heard. The other party is not heard. If you’re the plaintiff, you get to give your testimony. The judge reviews your petition where you make the allegations. The judge does not wait to hear from the other side before making a decision because under these cases you’re showing that there is imminent danger. If this isn’t granted right away then significant harm could come upon you, so don’t have time to listen to the other side.
The judge is going to review that, potentially ask you questions, get testimony from you and then decide whether that emergency exists. The judge will either grant or deny it at that time. If it is denied, that doesn’t mean that it doesn’t move forward for a regular hearing.
The judge can deny the emergency and still say, “Well, there’s enough here. I want to see if the protective order is necessary even though I didn’t find it it’s an emergency.” It will be set for hearing on a later date. If it is granted, then it’s going to be served upon the defendant at that time and that’s our next step in the process.
But don’t take my word for it with this general information on protective orders. If you’re involved with protective order, speak with an attorney. You can give me a call if you want to ask me questions or talk to somebody else, but if you’re looking for me, give me a call. 918-879-1681 or visit wirthlawoffice.com.
Tags: protective orders