Ex Parte
A court hearing or order requested by one party without the other party being present or notified in advance. Used in emergencies involving immediate danger.
Understanding Ex Parte
Ex parte orders are granted in urgent situations where waiting for a full hearing would cause irreparable harm — such as domestic violence, child abduction risk, or imminent asset dissipation. The requesting party must show the court that immediate action is necessary and that notice to the other party would defeat the purpose. Ex parte orders are temporary and typically require a follow-up hearing within 10-21 days where the other party can respond. They are most commonly used for emergency protective orders, temporary custody in dangerous situations, and asset freezes.
Real-World Examples
The wife obtains an ex parte restraining order after her husband threatens violence, requiring him to leave the home immediately without prior notice to him.
Related Terms
A pattern of abusive behavior used by one partner to maintain power and control over the other. It encompasses physical, emotional, sexual, psychological, and financial abuse.
Automatic Temporary Restraining Order (ATRO)Court orders that automatically take effect when a divorce is filed, preventing both spouses from hiding assets, canceling insurance, or taking children out of state.
Court OrderAn official directive issued by a judge that has the force of law. Violating a court order in a divorce case can result in contempt charges, fines, or jail.
Related Guides
Have Questions About Ex Parte?
Our AI advisor can explain how ex parte applies to your specific situation — free, private, and available 24/7.
Ask About Ex ParteWas this helpful? Help us keep it free.
divorce911.ai is funded entirely by donations. Every dollar keeps the AI assistant and 1,700+ guides free for people in crisis.
Know someone going through a divorce? This could help them.
This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.