In California, a party seeking an ex-parte order must notify all parties no later than 10:00 a.m. the court day before the ex-parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice. (CRC 5.165).
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Ex Parte Orders
Ex parte orders are filed when there is an imminent threat of danger or harm that requires immediate court action. Ex parte orders are issued to one party without the other party being present in court.
California law requires “due process” in judicial proceedings, which requires both parties being present or at least having fair notice of a hearing. Ex parte orders are in conflict with the concept of due process. These orders are only allowed in certain defined circumstances because they can be unfair and violate this due process requirement.
A judge will issue an ex parte order in an urgent matter, but allow a greater level of due process in a later hearing. Most often, these orders are done in cases of domestic violence or child abuse and generally in an emergency situation.
Types of Orders
A temporary restraining order is one of the most common types of an ex parte orders, where the judge is compelled to order one party to stay away from the other party to prevent bodily or serious emotional harm. But the party who is impacted by the restraining order generally will have a hearing as quickly as possible to explain the other side of the story to the judge.
The complaining party can then ask the judge for a restraining order of a more permanent nature while the respondent can ask for the restraining order to be removed or modified to be less onerous.
Filing For Orders
When filing for ex parte orders, you must must give notice of filing to the other party unless doing so will be an immediate threat of danger or harm. This can be established only in rare instances. Otherwise, you will need to take the following steps for notice:
- Notice must be given to the other party before you file your documents with the court.
- The notice must be given in person, by telephone, or by fax. If an attorney represents the other party, the notice must be given to that attorney.
- Ex parte orders requests are heard Monday through Friday, (excluding holidays) at 8:30 A.M.
- You must tell the other party the date, time and place where the ex parte action will take place.
- You must tell the other party that they have the right to appear if they wish to object.
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