An ex parte order is one that is made without the other party being present. Konopka asked the judge for an emergency ex parte (one-sided) hearing, but the judge denied her request. ing to the ex parte document, the woman visited Bauer's home again on May 15.
Here are some examples of what ex parte orders can do: Prevent the other party from taking a child out of the country or state. Prevent the other party from destroying property. Prevent the other party from removing assets in a divorce proceeding. Require the other party to stay away and not harass you.
The term “ex parte” means "from one party” in Latin, which can describe any situation where a judge communicates with only one side (or one party's lawyer) in a legal matter. Ex parte hearings are only granted in extreme cases, as they contradict the fundamental right to due process guaranteed by the Constitution.
An Ex Parte Application is used for one party to ask the Court for an order without providing the other party(ies) the usual amount of notice or opportunity to write an opposition.
New York City ex parte restraining orders or orders of protection are orders issued by a judge while the defendant is not present in court. Ex parte restraining orders can sometimes be the result of harassment offenses, stalking, assault, and sometimes even domestic violence offenses.
Latin term meaning "by or for one party." The term refers to an attorney's communication with: A judge or arbitrator without notice to, and outside the presence of, the other parties.
An Ex Parte Application is used for one party to ask the Court for an order without providing the other party(ies) the usual amount of notice or opportunity to write an opposition.
An OSC is a court order that must be signed by a Judge before it is served upon the opposing party. - Request an OSC only if your request requires immediate action or you seek a stay. - You may ask for a Temporary Restraining Order (TRO) to stay (stop) an action being taken by a party.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.