Court Procedures / Evidence / Service

Ex parte is Latin for “from one side.” If you or someone you know obtained an ex parte order, then this means they probably went to court and obtained an order against someone without that person present and without that person being notified ahead of time. The purpose of an ex parte order is generally to offer an individual temporary and immediate relief until there is a chance for the court to hold a hearing where both sides can be present. Then the other side who the order is against would be served with the order and would be given a court
date where s/he may be able to ask that the order be changed or fight against the order being continued. It can be issued in different types of cases such as custody case, protection order cases, etc.

For example, generally, someone may be able to obtain an ex parte restraining order if he or she is in immediate danger and has been abused or threatened with abuse (the exact standard will vary from state to state). In some states, a person may have to prove that without this ex parte order, irreversible damage could occur in the time it would otherwise take for the court to notify the other party and hold a full court hearing with both sides present. Again, this will vary from state to state and also may depend on the type of ex parte order you are trying to get (restraining order, temporary custody order, etc.) But, generally, to get an ex parte order, the individual could go to court without his or her abuser present and the judge could grant the individual an ex parte order. A judge may grant an individual an order based solely on one side of the evidence and testimony, and without holding a full hearing. Ex parte orders may be granted without the abuser’s knowledge, consent or opportunity to defend against it.