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Ex Parte Order

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maggie14

Junior Member
What is the name of your state? North Carolina- I was served with a exparte order my reg. mail on Aug. 8th. for substance abuse and neglect (which is false) My ex's lawyer set the court date Aug. 15th on this matter. The funny thing is all parties showed up in court for this except for my ex's lawyer who file the suit against me. My ex told the judge that his lawyer should be here any moment, after waiting and hearing other cases, the lawyer still did not show up, so the judge continue the case til the 12, which is our reg. custody court date. My question is: Since my ex's own lawyer did not show up and its been over a month now since I was mailed the ex parte order, can I file a motion now to drop this exparte motion against me. Also let me add that my ex also called DSS on me and they came out and done a safety accessment and I got the results back from that. It said that: Not sufficient evidence to substantiate neglect. Please advise!
 


BL

Senior Member
I wouldn't worry much . Show up at the Hearing , bring up the False Allegations .

Judges aren't stupid .
 

maggie14

Junior Member
Can I file a motion to have the ex parte motion that was served on me dismissed, due to lack of evidence?
 

Mbarr

Member
maggie14 said:
. . . so the judge continue the case til the 12, which is our reg. custody court date. My question is: Since my ex's own lawyer did not show up and its been over a month now since I was mailed the ex parte order, can I file a motion now to drop this exparte motion against me.
It is unlikely that the Court would rule on a motion to set aside the ex parte order, when your court date is so close.
 

maggie14

Junior Member
That is true, but a motion filed by my ex for full custody of my daughter is also suppose to be heard and I also filed a motion of a change in venue that is also going to be heard that day. Do you think the judge will heard all of these motion in one day? Or will he go for a con't on some of it?
 

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