Ex Parte Order

An order entered in the absence of one of the parties. The two most common ex parte orders in family are emergency temporary orders and protective orders. In both instances, the other party will be given a chance to respond and be heard, and that oppportunity will occur quickly (at least quickly for the Court). This is because due process wants both parties to have an opportunity to be heard before a final decision is made. And where only one party has had a chance to be heard on the issue before a ruling was entered, Courts want to give the other party their chance to be heard as soon as reasonably possible.