What is Ex-parte Order?

An ex-parte order is a legal decision that a judge or magistrate can make in the absence of one of the parties involved in the case. The decision is typically made in urgent situations or when the other party is unable to attend the court hearing.

For instance, a victim of domestic violence can request an ex-parte order of protection against their abuser if their life is in danger and a full hearing cannot be held immediately.

Ex-parte orders can be severe for the absent party because they may not have the opportunity to defend themselves or present their evidence in court. Therefore, these orders are usually temporary and must be followed up with a full hearing where both parties can present their arguments and evidence.

Ex-parte orders include temporary custody orders, restraining orders, and emergency injunctions, among others. These orders are meant to offer immediate protection for the person requesting the order, and the judge may grant them based on the individual's sworn statement or affidavit.

It is important to recognize that ex-parte orders should not replace due process, and they should not be used to deprive someone of their rights without a fair trial.

If an ex-parte order is granted, the other party has the right to contest the order and request a full hearing to present their side of the case.