An Ex Parte application is a request for emergency orders. Ex Parte applications or hearings occur in situations where actual harm will occur if the case is not heard right away. The purpose of a request for an emergency order is to address matters that cannot be heard on the court's regular hearing calendar. An Ex Parte application usually arises when the issue needs to be heard sooner because a regular hearing would be set out in the distant future. Typically, temporary orders are made at the end of an Ex Parte hearing which remain in place until a new order from the court or the time of trial.
An emergency order is used to:
- Make orders to help prevent an immediate danger or irreparable harm to a party or the children involved in the matter;
- Make orders to help prevent immediate loss or damage to property subject to disposition in the case; or
- Make orders about procedural matters.
Process of Ex Parte Application
When an Ex Parte Application is needed, the first step is to contact the court and schedule a hearing, usually for the same week. After an Ex Parte hearing is schedule, you or your attorney will prepare the paperwork explaining the emergency at hand and the need for orders to made as soon as possible. Once the paperwork and notice of the Ex Parte hearing has been given to the other party, both parties attend the Ex Parte hearing in which the court makes temporary orders. The emergency order is temporary and in place until the set trial date or until another hearing occurs.
Issues that may require an Ex Parte include:
- Health concerns of the children
- Safety concerns of the children
- Need for financial support
- Need for attorney’s fees
- Move aways
Although these are common issues, be advised that this list is not exhaustive. Ex Partes can arise based on several different factual circumstances. If you need Family Law advice regarding an emergency order, contact Morales Law for a free consultation. Factual circumstances will vary and require specific procedures. This is for informational purposes only and should not be relied prior to, or in place of, consulting with legal counsel.