Marriage, Domestic Violence, Legal Separation, Restraining Order, Termination of Parental Rights

Are Ex Parte Hearings Common?

October 29, 2024 TRIWriter

Ex parte hearings, also known as emergency hearings, are common in family law cases. These hearings allow one party to request immediate court intervention without the other party being present. They are typically used in urgent situations where waiting for a regularly scheduled hearing would cause irreparable harm. CA Certified Family Law Specialist Judy L. Burger shares some vital insights about emergency hearings.

What Is An Ex Parte Hearing?

The term “ex parte” comes from Latin and translates to “from one party.” It refers to a request made by one party to present evidence to the court with minimal or no notice to other involved parties. In California, these hearings are allowed in cases where there is an imminent threat of significant harm, and immediate action is necessary to prevent it.

Ex parte hearings are not meant to bypass the regular legal process. Instead, they are intended to address urgent matters that cannot wait for a scheduled hearing. The party requesting the ex parte hearing must demonstrate to the court that a genuine emergency requires immediate attention.

These hearings are subject to specific legal procedures and requirements and are typically granted only when there is a compelling reason to do so. The party requesting the hearing must provide clear and convincing evidence to support their request, and the court will carefully consider the potential impact of granting the emergency relief.

When Should I Request an Ex Parte Hearing?

Family disagreements can quickly escalate. Relationships can sour and become highly emotional. Child custody discussions between parents can sometimes become tense or even escalate to violence. In California family court, if you anticipate that discussions could become volatile or if you feel threatened, you have the option to request an ex parte hearing. In such a hearing, the court may grant emergency orders to protect you and your child, even in the absence of the other parent or party, if there is sufficient evidence to support your request.

Common reasons to request an ex parte hearing include the following:

To Protect a Child: Ex parte emergency orders are typically granted when there are allegations of child abuse, neglect, a threat of abduction, or other similar reasons when a child would need legal protection from serious harm.
To Prevent Physical Harm: Ex parte orders can be granted to protect an adult from possible domestic violence or other causes of imminent and serious harm. Preventing a personal injury from a previously violent person is a justifiable cause for an ex parte emergency order of protection. This includes if one parent threatens harmful actions if a sole custody petition is filed with the court.
To Prevent Financial Harm: Ex parte orders can also be requested if significant financial harm is imminent, threatened, or otherwise could cause serious loss to the victims. An example would be when one party claims a spouse is willfully destroying joint-owned property, leaving the first party without a means of support.

While ex parte hearings are relatively common in family law cases, they are reserved for urgent situations that require immediate court intervention. If you believe that you have a legitimate need for an ex parte hearing, it’s crucial to seek legal advice and assistance to ensure that your rights are protected and that the court fully understands the urgency of your situation.

California Ex Parte Hearings Attorney

In cases where custody matters are at risk due to impending harm or violence, or you feel threatened in any way, the Law Offices of Judy L. Burger can assist you in obtaining ex parte orders. If you find yourself in a situation where you or your child are facing abuse or feeling threatened, it is crucial to act.

A temporary restraining order may be necessary to safeguard you and your child from an abusive or manipulative spouse or parent. For immediate assistance in obtaining a restraining order, please reach out to the Law Offices of Judy L. Burger, which has eight offices across California to serve you.

Child Custody, Domestic Violence, Restraining Order

Child Custody Matters That Warrant Ex Parte Hearings

September 19, 2024 TRIWriter

If you need urgent legal orders to protect a child from harm, prevent personal injuries, or address other time-sensitive matters pertaining to child custody, you may need an Ex Parte Hearing. Also known as “Emergency Hearings,” these proceedings are typically requested by one party with little or no notice to the other involved parties. They are reserved for situations where imminent harm requires immediate action from the court.

The Law Offices of Judy L. Burger and her team specialize in handling the intricate paperwork and representation for ex parte hearings. Contact one of our California offices nearest you to learn more and get help with child custody matters and emergency hearings.

What Is an Ex Parte Emergency Hearing?

The term “Ex Parte” originates from Latin, meaning “from one party.” It is a request from a single party to present evidence to the court with little or no notice to other involved parties. In California, such hearings are permitted when there is an imminent threat of significant harm and immediate action is necessary to prevent it. This can include child custody matters.

The court can grant this emergency hearing and issue legal orders to protect parties from harm in extreme situations that make custody battles difficult or dangerous.

Child Custody Emergencies

Child custody discussions between parents can become heated and even violent. If you believe there is a good chance the discussions could turn bad or you feel threatened, you can request an ex parte hearing in a CA family court. If the court finds sufficient proof for emergency orders to protect you and your child, they may grant them even if the other parent is not present. Common reasons to request an ex parte hearing include the following:

To Protect a Child: Ex parte emergency orders are typically granted when there are allegations of child abuse, neglect, a threat of abduction, or other similar reasons when a child would need legal protection from serious harm.
To Prevent Physical Harm: Ex parte orders can be granted to protect an adult from possible domestic violence or other causes of imminent and serious harm. Preventing a personal injury from a previously violent person is a justifiable cause for an ex parte emergency order of protection. This includes if one parent threatens harmful actions if a sole custody petition is filed with the court.
To Prevent Financial Harm: Ex parte orders can also be requested if significant financial harm is imminent, threatened, or otherwise could cause serious loss to the victims. An example would be when one party claims a spouse is willfully destroying joint-owned property, leaving the first party without a means of support.

The Law Offices of Judy L. Burger can help you obtain ex parte orders in family court when custody matters are threatened by imminent harm or violence. You may also need a temporary restraining order to protect you and your child from an abusive or manipulative spouse/parent. When you or your child experience abuse or feel threatened, that is the time to act. Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order. We have eight offices across California to serve you.

Know When to Act

Disagreements between separated or divorcing parents can go awry for any number of reasons. Custody discussions can break down, and alarming reactions may threaten your mental and physical safety and that of your child. It is important to act swiftly and learn about the various legal means at your disposal.

If you find yourself in a situation where an ex parte hearing may be necessary, it’s crucial to seek assistance from a California Certified Family Law Specialist like Judy L. Burger. Her expertise and experience in handling such matters can provide the guidance and swift action needed to address threatening domestic circumstances through legal means. Contact us immediately to explore your options and get the help you need.

Child Custody, Domestic Violence, Restraining Order, Restraining Order

Ex Parte Hearings and Emergency Orders in CA Family Court

February 2, 2024 TRIWriter

Ex Parte Hearings are sometimes called “Emergency Hearings” because a court mostly hears them in emergency situations. California Family Court judges may issue legal orders as a result of these hearings to protect a child, prevent personal injuries, and for other time-sensitive matters.

California Family Law Attorney Judy L. Burger and her team can represent you and handle the intricate paperwork required for ex parte hearings. Learn more about these proceedings and when “emergency orders” may be warranted.

What Is an Ex Parte Hearing?

Ex Parte is Latin for “from one party.” This describes the request from a single party to communicate and present evidence to the court with little or no notice to other involved parties. Under California law, such hearings are allowed when significant harm is imminent and immediate measures are required to prevent it. This threat of harm may supersede the normal right of the other party to be present and hear the charges or allegations against them.

These hearings are not for simple or even heated arguments or disputes. A pattern of bickering or disagreements is not enough to request an ex parte hearing. There must be an imminent threat of harm where emergency action is required.

In such an emergency, the court may elect to hear the presentation and issue legally binding orders ex parte. This may be in the presence of both or only in the presence of a single party. If both parties are not present, these court orders are completely lawful and enforceable, just as if the opposing litigant were present.

When Would I Request an Ex Parte Hearing?

An ex parte hearing in CA family court may be requested by anyone who believes there is an imminent reason for a court order and can provide sufficient proof for needing an emergency order. Common reasons to request an ex parte hearing include the following:

To Protect a Child: Ex parte emergency orders are typically granted when there are allegations of child abuse, neglect, a threat of abduction, or other similar reasons when a child would need legal protection from serious harm.
To Prevent Physical Harm: Ex parte orders can be granted to protect an adult from possible domestic violence or other causes of imminent and serious harm. Preventing a personal injury from a previously violent person is a justifiable cause for an ex parte emergency order of protection.
To Prevent Financial Harm: Ex parte orders can also be requested if significant financial harm is imminent, threatened, or otherwise could cause serious loss to the victims. An example would be when one party claims a spouse is willfully destroying joint-owned property or marital assets, leaving the first party without a means of support.

The Law Offices of Judy L. Burger can help you obtain ex parte orders in family court when imminent danger or other pressing needs arise. Contact the office nearest you for more information and to schedule a consultation.

How Do I Request an Ex Parte Hearing in CA?

Several legal forms are required for requesting an ex parte hearing in California family court. You must also provide evidence for your request that the court will hear before granting any requests. Following is some of the information required:

Formal request for a hearing
Identity and contact information for involved parties and/or their attorneys
Reasons for an ex parte hearing
Any previous requests or orders on this or related matters
Any existing child custody, support, and visitation orders
Any notice made to the other party of this action or reasons why the opposing party should not be notified

Applicants must provide a full and detailed description of recent incidents showing the threat of or actual harm to a child, other person, or property. The evidence must demonstrate the harm that could be suffered without the requested emergency orders in effect.

A family court may grant ex parte orders on the evidence of filed paperwork alone, or they may request some oral testimony or other evidence.

Get Help from a California Certified Family Law Specialist

Judy L. Burger is a CA Certified Family Law Specialist with extensive experience in ex parte hearings and related matters. She can explain more in a confidential consultation and take swift action to request such hearings when warranted. Contact the closest location of The Law Offices of Judy L. Burger when threatening domestic circumstances arise and you need advice and assistance.

California Divorce, Domestic Violence

Different Types of Restraining Orders in California Family Law Cases

July 10, 2017 Judy L. Burger Leave a comment

An important tool to help a victim of threatened or actual domestic violence is an order of protection from the court. This civil court order, called a restraining or protective order, commands the abuser to stop the abuse or suffer punishment by the court. The type of restraining order entered depends on the process used to get the restraining order.

The restraining order entered in emergency situations is called an emergency protective order. A situation is considered to be an emergency when a police officer responds to a domestic violence call or when someone has made a report of abuse to the police. In such cases, the police can request an emergency protective order under California Family Code § 6250. The court can enter an emergency protective order without first holding a hearing, but this type of protective order is only good for seven days.

If a victim needs a protective order for a longer period of time, or if the victim wants to apply for the restraining order without police involvement, he or she may apply to the court for a domestic violence restraining order. Abuse is considered to be domestic violence if the abuser is related to the victim as a spouse or former spouse; a person the victim is dating or has dated; a lover; the other parent of the victim’s child; anyone related to the victim by blood, marriage, or adoption; or a person who regularly lives in the victim’s home.

However, before entering a permanent domestic violence restraining order, the court must hold a hearing, and the abuser must have notice of the hearing. If, after a hearing, the court enters a domestic violence restraining order, that order may specify what the abuser can and cannot do to the victim or how near to the victim the abuser can be. Such an order may also include orders regarding child support, visitation, and custody orders if the victim and the abuser have children together; orders regarding possession of a shared residence or pet; orders for spousal support; or an order prohibiting the abuser from possessing a firearm. A domestic restraining order may be entered regardless of whether the court has previously issued an emergency protective order regarding the parties. A domestic violence restraining order can last up to five years.

If you are in immediate danger, the court may issue a temporary restraining order after processing the application but before a hearing.

If you or a family member has been a victim of domestic violence, seek help from a qualified family law attorney. The Law Offices of Judy L. Burger are experienced in helping victims of domestic violence get the protection they need. Call today to see how we can help you: (415) 293-8314.