An ex parte order is most typically used to speed up the legal process for certain orders through an emergency hearing prior to a later court date. It is often used for emergency purposes only, such as when there is a danger to an adult or child, severe financial need, or other circumstances in a case where time is a factor. It may allow certain actions to be taken before a court hearing. This type of legal order is common in California but may vary from county to county in matters such as obtaining the order and what the order means. It is always best to consult a lawyer when requesting an ex parte order to see if it is the right choice for your case.

Can I Request an Ex Parte Order for Divorce and Child Custody?

One of the main reasons someone might ask for an ex parte order is in a divorce or a child custody case. As an example, a spouse may request an ex parte order to receive financial assistance from their spouse prior to the divorce hearings. Another common use of the ex parte order is when a parent requests custody of a child from an abusive parent before the court hearing to determine legal custody.

How Do I Get an Ex Parte Order?

In order to obtain an ex parte order, an attorney needs to present the request and if approved, the order may be served to the other party immediately. There may also be a court hearing right away as opposed to a later scheduled court date. It is important to remember that an ex parte request is used only in emergencies when there is a threat to an adult, child, or property during a divorce or custody hearing. There should be evidence or some way of showing why the situation is an emergency warranting an ex parte order. It should also be noted that an ex parte order is not the same thing as a restraining order or protective order. If there is a worry of violence or abuse as retaliation, a restraining order may be the next step in some cases.

What Happens After an Ex Parte Order?

An ex parte order does not mean the original court hearing will be skipped. It acts more as an immediate solution before finding a long-term solution. In most cases, the ex parte order means the other party will not be able to challenge the order until the official court hearing. This is especially important in cases where there is the threat of abuse. From there, the case will typically move forward with a court hearing regarding the original matter at hand, such as the divorce or child custody hearing. It is advisable to seek legal counsel immediately when considering requesting an ex parte order as part of your case. A reliable family law lawyer will be able to guide you through the process while answering any questions you may have along the way. Contact our law firm today at (310) 271-7675 for more information on how we can help.