Emergency Protective Orders (Ex-Parte Filings)
Are you concerned about your health and safety? Has there been domestic abuse in the past? Is your spouse likely to immediately try to hide assets in divorce?
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 requests something from the court without the other party being present.
Because an ex-parte motion deprives the opposing party of adequate notice to respond or prepare, this only happens in limited circumstances, such as
Restraining orders stopping a person from hiding assets (there are limits and qualifications to such an order)
- Protective orders preventing an abuser from threatening or harming his or her family
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 our lawyers can help. We are available at 916-945-2780 and by email. At our firm, a partner attorney handles every aspect of your case.