Domestic Violence, Legal Separation, Marriage, 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, Child Custody, Domestic Violence

Tips for Proving Child Abuse in a Custody Hearing

August 20, 2024 TRIWriter

In many custody cases, parents prioritize their child’s well-being above all else. However, in some situations, a child may not be safe with one of their parents, especially if there is a history of domestic abuse or child abuse or if there are concerns about the child being exposed to a potentially dangerous environment.

While it’s crucial for a parent to safeguard their child, it’s important to note that child abuse allegations are treated with the utmost seriousness by the courts and should not be made without careful consideration. Certified California Family Law Specialist Judy L. Burger can help you prove child abuse in your custody hearing to keep your children safe. Here are some things you should know.

Recognizing Child Abuse

The Federal Child Abuse Prevention and Treatment Act (CAPTA) as amended by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at minimum:

“Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation;” or
“An act or failure to act which presents an imminent risk of serious harm.”

California law defines child abuse as:

Physical injury inflicted on a child by another person
Sexual abuse, or
Emotional abuse

Child abuse can take many forms, including causing physical or psychological harm. While physical abuse may leave visible marks like bruises, psychological abuse can be harder to detect. Signs of psychological abuse may include a child becoming withdrawn or losing interest in activities they used to enjoy.

Emotional abuse and neglect may be more harmful in the long term than physical or sexual abuse.

It’s crucial for parents to be aware of these signs, as children who are being abused may be too young or scared to report it themselves. You may need help from medical or mental health professionals to help detect child abuse.

Proving Child Abuse

Proving allegations of child abuse in court or your custody hearing requires hard evidence. Hearsay – repeating what someone else told you – is not admissible evidence. Hard evidence that can withstand legal challenges by the defendant’s attorney is documented proof of actual abuse.

While this sounds simple, it can become complex. Sometimes, you may only be able to document the changes reflected in a child’s behavior that may point to abuse.

Here are some recommended ways to prove child abuse in a California family court:

Official Documentation

Official documents that show physical evidence of abuse reflect possible abusive behaviors or indicate a pattern of change in behavior that can indicate abuse are admissible. These can include:

Medical records (exam documentation, photos, mental evaluations, etc.)
School reports documenting grade changes or behavior shifts
Police reports of any incidents involving the other parent
Records showing missed or denied parenting time or parenting plan violations

Witness testimony

Witnesses provide context for your allegations and may offer credible first-hand evidence of abusive behavior. They can provide:

Written testimony
Video or photographic evidence
Out-of-court depositions
Live witness testimony
Expert custody evaluations (mental health experts, court-appointed parenting coordinators, home study professionals, etc.)

Custody Journals

A custody journal can help illustrate your relationships with the child and the other parent. You can document:

Situations in which you don’t believe the other parent acted in the child’s best interests
Interactions with the other parent
Attempts to comply with existing custody agreements
Quality time you spend with the child
The child’s emotional state
The child’s medical appointments
The child’s behavior
The child’s own comments

Reporting Child Abuse

If a parent has concerns about their child being abused by the other parent or someone in the other parent’s household, they have the right to ask the court for an order to limit or remove the other parent’s custody rights. If the court finds evidence of abuse, it will issue either a temporary or final order with custody terms that ensure the child’s safety.

Note: You cannot simply decide to ignore existing visitation or other parenting agreements if you suspect abuse or neglect. You could be held in contempt of court.

If you suspect abuse or the potential for abuse or harm, contact The Law Offices of Judy L. Burger. We can help you contact the Child Protective Services Department in your county and arrange for emergency responses. Our office can also petition the court for an ex-parte order to help keep you and your child safe until a court hearing can make more permanent decisions.

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

Emergency Issues, Ex Parte Solutions

January 10, 2019 Judy L. Burger Leave a comment

Some divorce cases require immediate action. California law allows this through the use of Ex Parte solutions.

What is an ex parte solution?

An Ex Parte solution is a Motion that is filed with the Court that does not require the usual waiting time. In some counties, a motion may be heard within 24 hours. Usually, notice to the opposing party or counsel must be given and must adhere to the particular County’s notice requirements.

The main reason for filing an ex parte divorce is to get your case in front of a judge as quickly as possible because of an emergency situation.

What kind of emergency situations require an ex parte action?

An ex parte action might be filed for any of the following reasons:

The person filing the ex parte divorce is in danger,
A child involved in the case is in danger, or
Property owned by the filing spouse may be destroyed or damaged.

What is the procedure for filing for ex parte divorce orders?

The procedure and documents required for an Ex-Parte Motion are complex and confusing. Each county has different requirements and procedures. If you fail to adhere to the county’s requirements or procedures, your motion may be denied.

Find out if your situation requires an ex parte hearing.

Judy Burger is a California Certified Family Law Specialist, and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Central California Coast.