What is an ex parte? (ex par-tay, but popularly, ex party)
Very good question, most people have never heard the term.
The Ex parte attorney in Orange County CA explains that an ex parte is a Latin legal term that means “from, by or for – one party”.
An ex parte hearing is an emergency hearing. In other words, the party whom filed the motion for the ex parte felt that they had an emergency on hand that could not wait and needed the court to make a decision as soon as possible. (The moving party must show that an emergency exists and that there is an immediate need for the court to grant ex parte relief to prevent irreparable harm) Ex parte matters are typically temporary orders similar to restraining orders and temporary custody orders.
Normally, life-threatening matters are involved which cannot wait to be decided at a regular scheduled proceeding usually 30 to 45 days out. For that reason, if the Ex-Parte order requested is granted, the court will issue temporary orders and a hearing will be set within about 21 days. A hearing is then held with evidence and testimony that will assist the court in making a decision on the particular matters filed in the ex parte motion.
Here is one example, In a child custody matter, my client discovered that the children were going to leave the State of California and my client feared that the children were not going to be returned to California. Therefore, this was seen as an emergency and the ex parte was filed in order to prevent the children from leaving the State.
For help contact an Ex parte attorney in Orange County CA
In California, an ex parte proceeding is obtainable if notification is given before 10 am the previous court day, or with 4 hour notice if the issue concerns Domestic Violence. An Ex-Parte may also be heard without notice if you prepare a declaration that explains why providing notice would place a party in danger. Notice may be given in Oral, Written. You will need to read the local rules in your district to determine the proper procedure in the court for Ex-Parte motions.
Normally there is no oral argument and the motion is granted on the “pleadings” which means based only on your written papers.
If you still have questions on ” what is an ex parte”, please do not hesitate to contact us regarding an ex parte or any other family law issue in Orange County or Los Angeles County, you may contact us online or by telephone at 714-971-8000. The Family Law Offices of Yanez & Associates, delivers the best legal representation to individuals who are stressed about family law matters. Our family law attorney’s are experienced and ready to assist you. Our founding attorney is a Certified Family Law Specialist with offices in Orange County CA.