Where there is a danger of acts of domestic violence to the aggrieved party or a minor child, the court is permitted to enter such ex parte orders as it may deem necessary to protect against such acts. A hearing on an order issued ex parte must be held “within 10 days from the date of issuance of the order or within seven days from the date of service of process on the other party, whichever occurs later.”
Although an ex parte order may provide for temporary custody of any minor child protected by the statute, the AOC domestic violence forms previously referenced do not provide the requisite allegations to establish a solid claim for custody and, therefore, should not be used if custody will be at issue. The same holds true when one is seeking other remedies such as child support or alimony.
In all of these examples, the preferable route to follow is to draft a complaint custom-tailored to the sorts of relief being sought in addition to relief from domestic violence. Some judges are reluctant to issue ex parte orders, although in some counties these orders are commonly entered.
