Ex Parte Filings

In certain, limited, situations, the court may order temporary relief for the moving party prior to the hearing date obtained with the original filing. The proper method for obtaining such relief is filing an ex-parte motion. An ex-parte motion is one in which one party essentially requests relief without formal notice and hearing. Because an ex-parte motion deprives the opposing party of adequate notice to respond or prepare, an ex-parte motion may only be granted for very limited circumstances.

Pursuant to section 2045 of the Family Code (subject to change), those limited circumstances include:

Restraining orders stopping a person from transferring, encumbering, hypothecating (securing property as collateral), concealing, or disposing of property, except in the usual course of business or for the necessities of life.

A Protective Order

To paraphrase a local judge, ex-parte decisions are reserved to emergency situations that, without the requested order being granted, the moving party, or their child(ren), would suffer dire consequences.

Please call McCoy Fatula in Roseville, California, today to discuss the details of an ex-parte filing and how we can help. We are available at 916-945-2780 and by email. At our firm, a partner attorney handles every aspect of your case.