In California, it’s possible for someone to request an emergency court hearing or order. This is known as an ex parte motion, and is only reserved for situations that justify urgency. If granted, the judge then executes an ex parte order.
Many judges are hesitant to execute an ex parte order, particularly because it doesn’t give the other party a chance to respond and essentially circumvents due process. They typically reserve ex parte orders when the justification is clear and apparent.
While an automatic approval is not guaranteed, ex parte motions do happen, especially within the context of custody and divorce.
Why Request an Ex Parte Order?
An ex parte order is generally executed in urgent situations where someone might be in danger, could be dealing with abuse, and more. They can allow for temporary restrictions that protect you and your loved ones, but only if your application and all supporting documentation justify the order.
If executed, an ex parte order can include terms that:
- Order the other party to keep their distance and stop all harassment
- Prevent the other party from taking your child out of the state or the country
- Ensure that the other party doesn’t destroy any property or assets
- Keep the other party from trying to hide assets during divorce proceedings
Remember, as the other person was not present and the order was placed on an emergency basis, these terms are only temporary. This is then followed by a full hearing where both parties can present their sides and a more permanent court order can be established.
Getting Started with an Ex Parte Motion
If you’re dealing with any type of situation that warrants an ex parte motion, the first step is to contact a qualified legal professional. With these scenarios, time is of the essence and recruiting the assistance of an experienced professional can help ensure that your application for an ex parte motion is properly filed, supported with the requisite evidence, and more.
This is just a general view of how ex parte motions and orders work in California. Learn more by connecting with us directly at (949) 825-5245.
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