Oregon Ex Parte Status Quo Order of Temporary Restraint

State:
Oregon
Control #:
OR-HJ-495-04
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A04 Ex Parte Status Quo Order of Temporary Restraint
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FAQ

In legal ethics, ex parte refers to improper contact with a party or a judge. Ethical rules typically forbid a lawyer from contacting the judge or the opposing party without the other party's lawyer also being present.

Anyone that has gone through a custody or visitation battle in court, or is about to, may have heard the term status quo. Status quo, in terms of custody and visitation, means the schedule the parties have been following prior to court.

The court may grant ex parte relief without notice to the opposing party. An ex parte application presented without notice must be accompanied by a declaration that, for reasons specified, the applicant should not be required to inform the opposing party.

An ex parte order is one that is made without the other party being made aware of it. They often provide instant relief, albeit on a temporary basis. They are issued when immediate relief is needed and when scheduling a regular hearing and providing notice to the other party is not feasible.

In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.

What Happens After the Judge Reviews the 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.

A temporary restraining order (TRO) is an emergency (ex parte) court order prohibiting the defendant from taking some action. An ex parte order is only granted when: 1. Irreparable harm or immediate danger will occur before a.

An ex parte order of protection is a temporary measure that can be filed quickly. A full protection order, or restraining order, is granted after a court hearing and lasts for a longer period of time than the ex parte order.

Temporary orders are made by family courts at a hearing when couples separate.Decisions on issues that must be resolved quickly are made, and given temporary effect, until family court decisions can be made in a formal divorce hearing or until the parties agree through mediation or negotiation.

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Oregon Ex Parte Status Quo Order of Temporary Restraint