Motion For Issuance Of Temporary Restraining Order Sample In Hillsborough
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Ex parte means that the abuser does not have to be present or given notice of the hearing. This is a preliminary hearing where the judge can grant you a temporary restraining order for 10 days.
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.
If by ex parte you mean a hearing where the other side fails to appear despite notice, then you must show that the other side was properly served with notice. You must then present evidence to prove that you are entitled to the relief you have requested.
A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.
Denial of the ex parte motion likely meant the Court was not convinced that the immediate grant of your request was necessary to protect the individual or the individual's rights. Don't forget the ex parte motion is one of the few times when the court system does not offer both parties a level playing field.
In California, either party can appeal a judge's decision to grant or deny a restraining order. In filing an appeal, you are asking a higher court to review the court's ruling.
Temporary Ex Parte Protective Orders These orders generally last up to 20 days but can be extended by the court if necessary, mainly if the final hearing has not yet occurred. In cases where delays in the court process occur, or new threats emerge, the court may grant an extension of the ex parte order.
Take action today by contacting your local Court Clerk to put a stop to the fear and abuse. During normal working hours, a Petition for Injunction can be filed with the Clerk's Office.
