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Do you know a woman who is being abused? A legal rights handbook

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Can I get an order if my partner is not in court?

Judges usually make important decisions that affect people's rights when those people are in court. This allows them to tell their side of the story. If there is a court proceeding against your partner, he will usually get notice of the proceeding so that he gets the chance to respond. But in dangerous situations, a judge might make exceptions.

For example, if you are asking for an order for exclusive possession or a restraining order because your partner is dangerous, your lawyer can apply to get the order without notice.

Without notice or ex parte order: a court order that was made without telling your partner beforehand that you were asking the court for an order.

This type of order only lasts for a short time. It gives you some protection right away. After the court makes this type of order, your partner can come to court to respond.