What happens if a spouse has committed family violence?
An ex parte protective order may be issued in an emergency and is designed to protect the applicant or family member from domestic violence. This order may force the other spouse from the home without a hearing if the complaining spouse signs an affidavit providing a detailed description of the circumstances and testifies at a temporary ex parte hearing. For the court to order a person excluded from his or her home without a hearing, the complaining spouse must have lived at the residence within the past 30 days, the person to be excluded must have committed family violence during that time period, and there must be a clear danger that the person to be excluded may commit further family violence. Since a temporary ex parte protective order is only valid for 20 days, a hearing during that time will determine if a final protective order should be issued. At the hearing on an application for a protective order, the court must find whether family violence has occurred or is likely to occur
