Typically one party’s attorney files a motion with the court to ask for something such as a restraining order or to stop one party from moving a child out of state. The court agrees with the reasoning behind the order and issues it temporarily. Ex parte orders can be difficult to get. They’re usually reserved for the most serious circumstances, such as domestic violence, child abuse or child endangerment.
When do I request an Ex Parte Order?
Emergency situations call for an ex parte order. Usually, they’re used in domestic violence and child abuse cases. However, they can also be used when one party is going to move a child outside of the state or when someone is destroying, selling or removing marital property that he or she shouldn’t touch.
How Do These Orders Work for Fathers Involved in Child Custody Issues?
There are several child custody situations in which this type of order may be necessary. Emergency custody orders can be important if there’s been a domestic violence or sexual abuse incident, or when a child is in danger. California Family Code, Section 3064 states that Ex Parte Orders can be used in other cases, too, though, such as when:
A parent has hidden the child or threatened to flee the state with the child
A parent acts in a way that could harm a child, such as DUIs
What Happens at an Ex Parte Hearing in California?
If your situation is deemed to require an ex parte order, judges typically grant temporary orders that have to be reviewed at a later date, typically within a few days, but no more than 21 days from Temporary Order being granted.
During an ex parte hearing, the judge will review the evidence you and your attorney have provided and decide whether the situation is urgent enough to issue an emergency order. The judge may ask you questions or may simply rule on the filing.
If you are a Father in Orange, Riverside, or San Bernardino Counties that may need to request an Ex Parte Order, Call "The Fathers Rights Attorney" today to schedule a consultation.