An ex parte order is one that the court gives without telling the other party ahead of time. Judges use these when someone needs help but there isn’t enough time to schedule a standard hearing or give notice. These orders move faster and last for a short time.
With civil cases, you can get an ex parte motion approved without waiting for your opponent to reply. These orders are temporary and last until a judge can look at things more closely. Things can change fast once both sides weigh in. You might also get a temporary restraining order this way.
In the context of civil procedure, courts may grant ex parte hearings after serious consideration. This hesitation comes from the Fifth and Fourteenth Amendments which protect a person’s right to fair legal procedures (due process requirements). If only one side is included in the process, there’s a real concern that excluding the other side could cross a line.
When you file an ex parte motion, you’re asking the court for help before the other side gets to share their side of the story.
The judge decides if your situation calls for a quick, temporary order. Based on what’s needed, the judge might grant temporary full custody or put a restraining order in place. Keep in mind, these decisions are for the short term since the other party wasn’t present at the first hearing.
You might look for an ex parte order in a few situations. You might need to stop the other person from taking a child out of the state or country. You might also need to make sure they don’t destroy property. Another reason is to protect shared assets during a divorce. You might also ask them to keep their distance and stop harassment.
After an ex parte order is put in place, the court has to move faster to set up a hearing where both sides can show up and speak. The exact timeline can depend on where you live. In some places, this follow-up hearing has to happen within ten days, while other areas shoot for 14 to 20 days. The main idea is to give both sides a fair chance to present their facts and sort out claims.
If the judge says no to your ex parte request, the court might still set a hearing. For that hearing, you and the other side need to be there in person.
What Rules Govern Ex Parte Orders?
The ex parte court laws let you have conversations with a judge or the court staff without the public being mixed up in them. Just for an example, if you choose to challenge a ticket for a traffic violation, you can send a written explanation straight to the court yourself. You’re allowed to do this even if you’re arguing that the answer shouldn’t have been given to you. You can just mail your written statement in the envelope that comes with the ticket and the instructions on how to do this are right there on the ticket.
The judges can also hear some emergency requests for a temporary restraining order ex parte if there isn’t enough time to notify the other party about it. Sometimes, a judge will look at the ex parte letters written in secret during a settlement meeting. But only in specific situations. You can always contact the court if you need to check on the scheduling or find out about the status of your case.
The state courts use ex parte proceedings in different ways. You’ll see them come up in situations like child custody, replevin or other civil cases. Most of the state courts also have their own version of these procedures.
Take California and Illinois, for example. If you want to get an ex parte hearing, you need to submit a request before 10 a.m. on the day before the court meeting or even earlier if there’s an urgent reason for it. The law and motion hearings are held early in the morning, so a fax is used to confirm the request, though sometimes a phone call also works.
Some of the courts in California let you join the hearings by phone, which can make things easier for you. But there’s also some courts that only accept the written materials and don’t allow any in-person or phone arguments at all.
If you’re filing an ex parte application in California, you have to turn in a statement showing that you’ve followed these necessary steps. If you skip that important part, then the court won’t grant any of your requests.
Every single ex parte application also needs to include a declaration, made from your own personal knowledge, that explains there’s a real danger of harm or another legal reason why you’re asking for help in this particular way. Other considerations include irreparable harm, urgent danger, or any other statutory cause for obtaining relief ex parte.
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Can an Ex Parte Order Be Overturned?
The court will turn down the ex parte order and then close the case if the person asking for help isn’t legally allowed to do so.
During the hearing, you and the other person can share your sides. You get to use your own words, show any documents you have and you can also bring in things like photos, medical files, or police reports.
The other person can always object to the ex parte order. Then the judge needs to choose if you should get a permanent order instead of just the temporary one. If the judge thinks that you don’t need a permanent order, your petition will be written off and the ex parte order will no longer stand.
If you don’t come to the hearing, the court will dismiss the order. But if the other person doesn’t show up, then you’ll likely receive a permanent order for about a year or a little more.
Some courts allow a judge to grant a permanent order if the other person stays away from the hearing completely.
When the other person comes to court but doesn’t object at all, things are easy for you. The judge will turn your temporary order into a permanent one without needing any extra statements or evidence from you. But if the other person shows up and objects to it, then the court will hold a trial instead.
Both of you can talk to the judge and present whatever evidence you have with you. After hearing everything from both sides, the judge will choose if you should get a permanent order or if your case should be closed.
Should I Hire a Lawyer for Help With an Ex Parte Order?
When a court issues an order without one of the parties in attendance, it’s called an ex-parte order. These orders can take effect very fast and carry some real legal consequences.
You might still find it tough to manage ex-parte orders, since you have a ruling made without both parties present. This situation can sometimes catch you by surprise and leave you with very little time to respond.
If you have to fight an ex-parte order or need relief because of one, you should reach out to a criminal lawyer.
Your lawyer helps you get protection as soon as possible. You can also ask for their help to challenge an ex-parte order that you feel is unfair or that can affect you directly.
