When does an ex parte order take effect?

This order remains in effect until a hearing is held, usually within days or a couple of weeks after the ex parte order is issued. Another instance when an ex parte order may be issued is if significant financial injury may result by waiting for the regular proceedings to conclude.

What does an ex parte custody order mean?

What Is an Ex Parte Custody Order? An ex parte order is a legal document filed with the court without notifying the other spouse. You can submit ex parte orders for custody matters, the prevention of immediate bodily harm, or the prevention of financial damage.

Can a restraining order be issued ex parte?

The initial restraining order can be issued ex-parte, meaning the person who claims that he or she is in fear of bodily harm can get an order against you and you don’t have a right to say anything. So, you will not be officially notified of a restraining order until you are served.

What happens when a judge grants an ex parte motion?

The judge can grant the ex parte motion and issue a temporary order, such as a temporary full custody order or a temporary restraining order. Because the other party was not present, the order is only temporary. Some examples of ex parte orders are orders that: Prevent the other party from taking a child out of the country or state

What happens if you object to an ex parte order?

The respondent can object to the ex parte order. The judge must decide whether to issue a permanent order to replace the temporary ex parte order. If the judge doesn’t believe you need a permanent order, the judge will dismiss the petition and vacate, or cancel, the ex parte order.

What happens at the end of an ex parte hearing?

In some states, failure of the respondent to appear allows the judge to automatically grant a permanent order. If the respondent appears and doesn’t contest the order, the ex parte order will convert to a permanent order without any testimony. If the respondent appears and objects to the order, there will be a trial.