Domestic Violence, Restraining Order, Restraining Order

What Should I Know Before Requesting an Ex Parte Hearing?

December 23, 2025 TRIWriter

Family law emergencies don’t always wait for regularly scheduled court dates. When urgent situations threaten your safety, your children’s well-being, or your financial security, California law provides a mechanism for immediate court intervention: the ex parte hearing. The Law Offices of Judy L. Burger, led by Certified California Family Law Specialist Judy Burger, has extensive experience handling ex parte matters and can provide swift, strategic representation for urgent situations.

Understanding Ex Parte Hearings in California

An ex parte hearing is an emergency court proceeding requested on shortened notice—sometimes with little or no advance notice to the other party. The term “ex parte” means “from one party,” indicating that these hearings can proceed even if the other side hasn’t had the typical amount of time to prepare a response.

Unlike regular motions that require 16 court days’ notice, ex parte applications can be heard within days or even hours of filing. California courts reserve ex parte hearings for genuine emergencies where waiting for a regular hearing would cause immediate harm or irreparable injury. Judges scrutinize ex parte requests carefully because they deviate from the normal process that gives both parties adequate time to prepare.

Ex parte hearings are not the appropriate venue for routine disputes or matters that have existed for weeks or months without creating immediate danger. Courts expect parties to use regular motion procedures unless circumstances truly qualify as emergencies requiring immediate judicial intervention.

When Ex Parte Relief Is Appropriate

California family courts grant ex parte hearings in specific urgent circumstances, including:

Immediate Safety Concerns: When domestic violence, child abuse, threats of harm, or kidnapping risks exist, ex parte hearings allow victims to obtain immediate protective orders, modify custody arrangements, or secure other safety measures without delay. These situations represent the clearest justification for emergency relief.
Child Custody Emergencies: Beyond safety threats, ex parte custody relief may be appropriate when a parent violates existing custody orders by refusing to return a child, when a parent plans to leave the jurisdiction with the child without permission, or when a child faces immediate risk of harm in their current placement.
Financial Emergencies: Ex parte financial relief addresses situations like a spouse draining bank accounts, hiding or destroying marital assets, failing to pay court-ordered support, causing imminent eviction or utility shutoff, or refusing to maintain required insurance coverage. The key is demonstrating immediate, irreparable financial harm.
Property Protection: When a spouse threatens to sell, transfer, or destroy significant marital property, ex parte orders can prevent these actions until a regular hearing addresses property division properly.

Information and Documentation You Need

Successfully obtaining ex parte relief requires thorough preparation and compelling evidence. Courts won’t grant emergency orders based on general allegations or unsubstantiated claims. You should gather:

Detailed Declaration Under Penalty of Perjury

Your declaration must clearly explain what emergency exists, why you couldn’t address it through regular motion procedures, when you learned of the emergency, what immediate harm will occur without court intervention, and what specific relief you’re requesting. Include specific dates, times, locations, and factual details that demonstrate the urgency.

Supporting Evidence

Gather all available evidence supporting your emergency claim: police reports, medical records, photographs of injuries or property damage, threatening text messages or emails, bank statements showing asset dissipation, witness declarations, and documentation of violated court orders. The more concrete evidence you provide, the stronger your case.

Notice Requirements Documentation

California law requires you to notify the other party of your ex parte request unless doing so would create danger or defeat the emergency relief’s purpose. You must document your efforts to provide notice, including when and how you notified the other party or explain why notice wasn’t possible. Failure to properly handle notice requirements can result in the denial of your request.

Proposed Orders

Prepare clear, specific proposed orders stating exactly what you want the court to order. Vague requests reduce your chances of success. Your proposed orders should be narrowly tailored to address the specific emergency.

Financial Information

For financial emergencies or requests involving support or attorney fees, provide current income and expense declarations, account statements, and documentation of the financial crisis.

Existing Court Orders

Bring copies of all relevant existing court orders, especially if your ex parte request involves alleged violations of those orders.

How the Ex Parte Process Works in California

The ex parte process moves quickly but requires strict compliance with procedural rules. Generally, you must notify the court and the other party by 10:00 a.m. on the court day before your requested hearing date. Some courts have specific ex parte departments or calendars, while others hear ex parte matters at designated times.

At the hearing, you’ll have limited time to present your case—often just minutes. The judge will review your written materials, hear a brief oral argument, and may ask questions. If the other party appears, they’ll have an opportunity to respond. The judge will then decide whether to grant temporary emergency orders.

Ex parte orders are temporary. If the court grants your request, it will typically schedule a follow-up hearing—called an Order to Show Cause hearing—within a few weeks, where both parties can fully argue the issues. The ex parte orders remain in effect until that hearing unless modified.

How Certified Family Law Specialist Judy Burger Can Help

Ex parte proceedings are high-stakes, fast-paced legal matters requiring sophisticated knowledge of family law and courtroom experience. Judy L. Burger’s certification as a Family Law Specialist by the State Bar of California Board of Legal Specialization demonstrates her exceptional expertise in handling complex, urgent family law matters.

This certification, earned by fewer than 10% of California family law attorneys, requires extensive experience, passing a rigorous examination, ongoing education, and peer recognition. When facing a family law emergency, working with a Certified Specialist provides significant advantages.

Judy Burger and her team understand what constitutes a true emergency warranting ex parte relief versus situations better addressed through regular procedures. She knows how to craft compelling declarations that clearly articulate the emergency, marshal persuasive evidence, comply with technical notice and procedural requirements, and present effective oral arguments in the limited time available.

The Law Offices of Judy L. Burger has successfully obtained ex parte orders protecting clients from domestic violence, preventing child abduction, stopping asset dissipation, and addressing other urgent matters throughout California. Judy’s experience includes representing clients at ex parte hearings and defending against improper ex parte requests.

Beyond obtaining immediate relief, Judy provides strategic guidance for the follow-up proceedings. Ex parte orders are just the first step; you need representation for the subsequent hearings where the court will determine whether to extend, modify, or terminate the emergency orders.

Frequently Asked Questions About Ex Parte Hearings

What happens if my ex parte request is denied?

If the court denies your ex parte request, you can still file a regular motion or Request for Order addressing the same issues through normal procedures. The denial doesn’t prevent you from seeking relief; it simply means the court didn’t find sufficient emergency circumstances to justify shortened notice. Your attorney can help you understand why the request was denied and develop an alternative strategy.

Can I request an ex parte hearing without an attorney?

While you can represent yourself in ex parte proceedings, doing so is risky. Ex parte hearings involve complex procedures, strict deadlines, and high stakes. Mistakes in paperwork, notice, or presentation can result in the denial of your request, potentially leaving you without protection in an emergency. The compressed timeline makes it especially difficult for self-represented parties to prepare effective requests.

How much does an ex parte hearing cost?

Costs vary based on case complexity and attorney fees, but ex parte matters typically require fewer attorney hours than regular motions due to the shortened timeline. Some ex parte requests include asking the court to order the other party to pay your attorney fees, especially in financial emergency situations.

What if the other party violates the ex parte order?

Violating court orders can result in contempt of court findings, fines, jail time, and other sanctions. If the other party violates an ex parte order, document the violations thoroughly and immediately inform your attorney. You may need to file an Order to Show Cause regarding contempt or request additional enforcement measures.

Can an ex parte order be overturned?

Yes. At the follow-up Order to Show Cause hearing, the responding party can present their full case, and the court may modify or terminate the ex parte orders based on complete information from both sides. This is why ex parte orders are temporary—they’re based on limited information presented in an emergency context. The subsequent hearing provides full due process for both parties.

Get Immediate Help for Your Family Law Emergency

When you’re facing a genuine family law emergency requiring immediate court intervention, time is critical. The Law Offices of Judy L. Burger provides experienced, strategic representation for ex parte matters throughout California.

Contact Certified California Family Law Specialist Judy Burger immediately if you need emergency court relief. Our team understands the urgency of these situations and can quickly assess whether ex parte relief is appropriate, prepare compelling documentation, and provide effective representation at your emergency hearing.

Call us now or visit our website—when emergencies arise, every moment counts, and expert legal guidance can make all the difference in protecting you and your family.

California Divorce, Child Custody, Domestic Violence

What Can I Do If I Suspect My Ex’s New Partner Is Mistreating the Children?

November 24, 2025 TRIWriter

Co-parenting after a divorce can be challenging, especially when new partners are involved. If you suspect that your ex-spouse’s new partner is mistreating your children, it becomes crucial to take action to ensure their safety and well-being.

Let’s explore the legal parameters of abuse under California law, provide steps you can take if you suspect mistreatment, and explain how The Law Offices of Judy L. Burger can assist you in navigating this challenging situation.

Understanding Child Abuse Under California Law

California law defines child abuse broadly, encompassing physical, emotional, and neglectful behaviors. The key statutes involved in child abuse cases include:

Physical Abuse: This refers to any non-accidental physical harm inflicted on a child. It can include hitting, burning, or any act that results in physical injury.
Emotional Abuse: Emotional abuse includes behaviors that harm a child’s emotional development or sense of self-worth. This can involve constant criticism, intimidation, or isolation.
Neglect: Neglect occurs when a caregiver fails to provide necessary care, supervision, or emotional support, putting the child’s health or safety at risk.

California Child Welfare Services takes reports of suspected abuse seriously. When a child’s safety is at stake, taking immediate action is critical.

Steps to Take If You Suspect Mistreatment

Never hesitate to investigate and report mistreatment of your children. Here are the steps to take:

1. Document Your Observations

Keep a detailed record of any concerning behaviors or incidents that lead you to suspect mistreatment. This documentation should include dates, times, descriptions of events, and any remarks made by the children that indicate mistreatment. Photographic evidence of injuries or changes in behavior can also be helpful.

2. Talk to Your Children

Approach your children in a calm and supportive manner. Let them know they can speak openly without fear of repercussions. Ask them about their experiences with their new partner, but do so gently. Avoid leading questions that may suggest how they should respond.

3. Consult With a Child Psychologist

If your children display signs of distress or behavioral changes, consulting a child psychologist may be beneficial. A professional can provide insights into any underlying issues of mistreatment and may help document the effects of any abuse on your child.

4. Reach Out to Your Ex-Spouse

If you feel it is safe to do so, consider discussing your concerns with your ex-spouse. Communicate your feelings respectfully, focusing on the children’s well-being. If they are receptive, this may provide an opportunity to address the situation cooperatively.

5. Contact Child Protective Services (CPS)

If you have substantial reason to believe that your children are in imminent danger or that their new partner poses a threat, it is vital to contact CPS or your local law enforcement agency. They can investigate your claims. Be prepared to provide them with the documentation you have gathered.

6. Seek Legal Counsel

If you believe your children are being mistreated and you have reasons to act on your suspicions, it is essential to consult with a knowledgeable family law attorney. A legal professional can guide you through the necessary steps to safeguard your child’s welfare, which may include modifying custody or visitation arrangements.

How The Law Offices of Judy L. Burger Can Help

At The Law Offices of Judy L. Burger, we understand the emotional turmoil that accompanies concerns about a child’s safety. Our firm is committed to safeguarding children and promoting their well-being.

Legal Guidance: Judy L. Burger is a California Certified Family Law Specialist with extensive experience in family law matters. She can provide you with the legal knowledge and support you need if you suspect your children are being mistreated.
Custody Modifications: If the situation necessitates a change in custody arrangements, Judy can help you navigate the legal process of modifying custody orders to protect your children.
Protective Orders: We can also assist in drafting any necessary legal documentation, such as protective orders aimed at ensuring the safety of the children during visitation periods.
Mediation and Negotiation: Our firm prioritizes amicable resolutions and can facilitate discussions with your ex-spouse regarding the concerns at hand, seeking collaborative solutions that prioritize the children’s welfare.

FAQs About Child Mistreating After Divorce

What constitutes child abuse in California?

Child abuse can include physical harm, emotional harm, and neglect. Any behavior that is harmful to a child’s physical or emotional well-being may fall under the definition of abuse.

How can I report suspected child abuse?

If you suspect child abuse, you can report your concerns to California’s Child Protective Services or local law enforcement. They will investigate the situation and take necessary action.

What should I do if my children tell me about mistreatment?

Listen supportively and document their statements. Encourage them to express their feelings, and consider seeking professional help if they seem distressed.

Can I file for custody modification if I suspect my ex’s partner is abusive?

Yes. If you believe your children are in danger, you can seek legal counsel to file for a modification of custody arrangements to protect your children.

How can Judy Burger assist me in this situation?

Judy Burger specializes in family law and can provide legal guidance, help in addressing custody issues, and assist with any necessary legal protective measures to safeguard your children.

Ensure the Safety of Your Children

Ensuring the safety and well-being of your children should be a priority. If you suspect that your ex-spouse’s new partner is mistreating them, it is essential to take action. Documentation, communication, and legal support are critical steps in addressing the issue effectively. At The Law Offices of Judy L. Burger, we are here to stand by your side and help you navigate these challenging circumstances, ensuring your children’s safety comes first.

California Divorce, Domestic Violence, Restraining Order, Restraining Order

What Happens at an Ex Parte Hearing?

September 30, 2025 TRIWriter

When navigating legal matters, particularly in family law, you may encounter various types of hearings, one of which is an ex parte hearing. Let’s delve into what an ex parte hearing is, the steps involved, the reasons courts may grant them, and how Judy L. Burger can assist you in this process.

What Is an Ex Parte Hearing?

An ex parte hearing is a legal proceeding in which one party presents its case to a judge without the opposing party being present. The term “ex parte” originates from Latin, meaning “from one party.” This type of hearing is typically reserved for situations where one party needs emergency relief or immediate action from the court, which cannot wait for the standard notice and hearing timelines.

Ex parte hearings are most commonly seen in family law cases, especially those involving child custody, support issues, or restraining orders. The urgent nature of these hearings requires the party requesting the hearing to demonstrate that significant, time-sensitive issues exist and that notifying the other party beforehand would result in irreparable harm.

Steps Taken During an Ex Parte Hearing

Here’s what to expect when requesting an ex parte or emergency hearing:

Filing the Motion: The party seeking the ex parte hearing must file a motion with the court. This motion should clearly outline the urgent nature of the request, specify the relief being sought, and provide supporting documentation to justify the expedited hearing.
Service of Process: While traditional hearings require advance notice to all parties, in an ex parte hearing, one does not need to notify the other party unless explicitly required by the court. However, if the situation allows, good legal practice often encourages the notifying party to inform the other party, as this can foster goodwill and transparency.
Preparing for the Hearing: The requesting party should prepare their arguments and evidence to substantiate their claims. This includes gathering documents, witness statements, or any other relevant evidence that can support their position.
The Hearing: During the actual hearing, the requesting party will present their case to the judge, explaining why immediate action is necessary. The lack of the opposing party does not mean the court will automatically grant the request; the judge will carefully consider the urgency and validity of the claims.
Court Decision: After hearing the arguments and reviewing the evidence, the judge may either grant or deny the request. If the request is granted, temporary orders may be issued until a full hearing with both parties can be scheduled.
Post-Hearing Actions: If the ex parte order is granted, copies of the order must typically be served to the other party as soon as possible. A follow-up hearing may also be scheduled to allow both parties to present their arguments.

Reasons Why Courts Grant Ex Parte Hearings

Ex parte hearings are not commonly granted and are reserved for situations that demonstrate a clear and urgent need. Some reasons a court might grant an ex parte hearing include:

Immediate Risk of Harm: If there is evidence that a child may be in imminent danger (physical or emotional), immediate action must be taken to ensure their safety.
Emergency Situations: Situations requiring immediate health and safety concerns, such as a parent requesting an order to prevent travel with a child due to substance abuse or domestic violence concerns.
Preserving Evidence: If there is a risk that evidence relevant to the case could be destroyed or tampered with, the opposing party should not be given prior notice.
Change in Circumstances: A sudden and significant change in circumstances that affects child custody or support, where waiting for a regular hearing could compromise the child’s best interests.
Uncontested Matters: If the opposing party agrees to the proposed changes or relief, an ex parte hearing can expedite the process.

How Judy L. Burger Can Help

Navigating ex parte hearings can be a complex and stressful process. Judy L. Burger is a Certified California Family Law Specialist with a wealth of experience in family law matters. Here’s how she can assist:

Expert Guidance: Judy can provide personalized legal advice tailored to your specific situation, helping you understand whether an ex parte hearing is appropriate for your circumstances.
Preparation of Documents: She can assist you in drafting and filing the necessary motions and documentation to ensure your case is presented coherently and effectively.
Representation in Court: With her extensive courtroom experience, Judy can represent you in the ex parte hearing, presenting your arguments persuasively to increase your chances of a favorable outcome.
Post-Hearing Support: If your request is granted, Judy can assist you in navigating the next steps to ensure compliance and preparation for any subsequent hearings.

Ex Parte Hearing FAQs

What is the timeframe for an ex parte hearing?

Ex parte hearings are typically held promptly; in some cases, they can occur on the same day the motion is filed, depending on the court’s schedule.

Do I need an attorney for an ex parte hearing?

While it is not required, having an attorney can significantly increase your chances of success, as they can guide you through the legal process, ensuring all necessary procedures and paperwork are correctly handled.

What if the court denies my ex parte request?

If the request is denied, you may still pursue your case through a regular hearing process, allowing both parties to present their arguments.

Can I appeal an ex parte ruling?

Yes, decisions made during ex parte hearings can often be appealed, but it is recommended to consult with an attorney to understand the specific options available.

How can I prevent an ex parte hearing filed against me?

It is essential to maintain open communication with your co-parent and adhere to the terms of any existing custody or support agreements to prevent misunderstandings that could lead to an emergency request.

CA Ex Parte Hearings Attorney

Navigating family law can be particularly challenging, especially in emergency situations. If you find yourself facing the possibility of an ex parte hearing, contact Judy L. Burger’s office for experienced advice and representation to protect your rights and the well-being of your family.

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.

California Divorce

What Is an Ex Parte Hearing?

July 13, 2015 Judy Burger

Regardless of the circumstances, divorce and legal separation are difficult for everyone involved. Sometimes, however, they can be particularly stressful, such as when there is a threat of violence, danger, or significant financial injury.

Fortunately, the California judicial system has in place a procedure to deal with circumstances like these quickly: ex parte hearings.

Ex parte hearings are simply emergency hearings. Depending on a court’s caseload, it can take weeks or even months to get a hearing before a judge.

Ex parte hearings are designed to reduce that time drastically. However, they are only available for true emergencies, when there is a threat of irreparable harm or immediate danger. Examples of factual circumstances that may warrant an ex parte hearing include the following:

child visitation or custody rights with a parent who leads a dangerous lifestyle;
a threat of grave injury to a couple’s children; and
a valid concern about depletion of community funds from a joint account.

An application for ex parte relief must be supported by very strong evidence of future irreparable harm or immediate danger. For example, exposure of a young child to alcohol and drugs could warrant an application for an ex parte hearing. Likewise, the prior acts of a spouse wiping out community funds from one bank account would likely warrant ex parte relief to prevent him or her from doing the same thing with other accounts.

In most cases, the person against whom an order will operate, usually the other party to the divorce or custody proceeding, has a right to notice before an ex parte hearing is held. This is because the judge may order relief that contravenes that person’s rights, such as the right to visitation or the right to access his or her own money. However, when absolutely necessary, notice may be avoided. This is only true if providing notice will result in immediate, irreparable harm.

Care must be taken when requesting ex parte relief. If it is requested unnecessarily, it can affect the court’s view of the parties in future proceedings. Judy Burger is experienced in presenting ex parte issues in the San Francisco Bay and Sacramento areas. If you believe ex parte relief may be needed in your case, contact her today at (415) 259-6636.