Ex Parte

Question: Why would you opt for an ex parte rather than a restraining order? I do some volunteer work with a victim's rights center and we recently had a training over ex partes. I was wondering why a victim would choose an ex parte rather than a restraining order since an ex parte has no distance protection. I'm in Missouri so I don't know if it varies from state to state. Any suggestions or answers would be great.

Answer: I do not know what you were told in training but my understanding that an ex parte order of protection is indeed a restraining order and can include prohibition that the party restrained stay away from the petitioner. The "ex parte" designation means that the order is issued on application of the petitioner only, without notice to respondent and without a hearing. It is a temporary order that is served on the respondent and is followed by a hearing wherein the court determines whether to enter a full order of protection. I'm in Mo. too. Check the statutes. They set it all out.

Question: What is difference between a no contact order and an ex parte? This is the state of Missouri. I know that when someone goes for an ex parte (restraining order) against you, you are served with court papers to appear in court to *redeem* yourself. tell your side of the story. How is a no contact order different? There was one placed in a court that no one else knew about and the judge granted it. so what is the difference between the two? FYI, this was done where there was no criminal action against that person, no police were ever involved, nothing happened. Just all of a sudden there is a no contact order.

Answer: Ex parte is a Latin legal term meaning "from (by or for) one party". An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present. Please note, however, that in several cases (California is one of them), notice of the ex-parte is required to be provided to the other parties (in the event the other parties want to show up at court). A "no contact" order is just that - an individual cannot have contact with another individual who obtained the order.

Question: What is an ex-parte temporary restraining order in terms of a divorce? My husband filed for divorce and doesn't even have residency in the county where he filed. What is this 'ex parte temporary restraining order? Also, can I counter file divorce?

Answer: Laurie ... These questions are best handled by an attorney. I'm sure you'd agree. Unless a lawyer is hanging around Yahoo Answers giving free legal advice, the answers you receive may not be worth a dime ... and that applies to my answer, too. See my link below. It seems that an ex-parte order is where one of the parties appeals to the local courts for a notice or order to be issued. When it's an ex-parte decision, the other party's side of the story is not heard, and there is therefore an obligation of full and frank disclosure on the part of the applicant. Good luck with your problem. I've been through it myself.

Question: What happens after an ex parte is granted? What happens after an ex parte is granted? My attorney recommended I file an ex parte with the courts to have my son's father's overnight visits taken away due to neglect. The motion was granted. What happens next and how quickly?

Answer: An ex parte order is one that is made without a hearing on the matter at hand. Usually the ex parte order is one that is temporary and is made without prejudicing the rights of the father (in this case). That means that there will be a full hearing scheduled where both parties will be in attendance. At that time the ex parte order will be the subject and the evidence is presented that led to the request for that order. If the evidence shows that there was cause for the order, the order may be made permanent. And if the evidence shows that the order has no basis, it will be rescinded. Your attorney acted on the best interests of the child(ren) and the court granted the order because they too wanted to safeguard the health of the child(ren).

Question: what are the rules for filing an ex parte in child custody? A coworker is going through a heated custody battle of her 6 year old daughter. What are the rules for filing an ex parte in california?

Answer: Welcome to Bitchery 101 - If your co-worker has the right kind of plumbing (female), then it's easy. Call the cops. Claim "domestic violence", making outrageous and false claims, as many as possible. For example, he never puts down the toilet seat when he is done p1ssing, and so on. Shed some crockodile tears, while she's at it, and complain to police how afraid of him she is. Give them a long list of past injustices he has perpetrated against her, while also claiming total innocence and perfection. The rest is easy, because the police will arrest him, get a restraining order from the judge, and give her pretty much whatever she wants. Then, armed with a police report, and the temporary custody order, she can go to the nearest lawyer and hire him or her. No money will be required up front, however, because the lawyer will extract his fees from the man whom she became tired of and decided to toss him away like a used tampon.

Question: Can an ex parte order be signed by a Judge while the case is still open? Not only did the Judge sign an ex parte order on an open case, but when the party filed the motion for this ex parte order, they hadn't paid the filing fees and still haven't. Judge signed it anyways. Is the ex parte even effective?

Answer: EX PARTE - Lat. 'By or for one party' or 'by one side.' Refers to situations in which only one party (and not the adversary) appears before a judge. Such meetings are often forbidden. Although a judge is normally required to meet with all parties in a case and not with just one, there are circumstances where this rule does not apply and the judge is allowed to meet with just one side (ex parte) such as where a plaintiff requests an order (say to extend time for service of a summons) or dismissal before the answer or appearance of the defendant(s). In addition, sometimes judges will issue temporary orders ex parte (that is, based on one party's request without hearing from the other side) when time is limited or it would do no apparent good to hear the other side of the dispute. For example, if a wife claims domestic violence, a court may immediately issue an ex parte order telling her husband to stay away. Once he's out of the house, the court holds a hearing, where he can tell his side and the court can decide whether the ex parte order should be made permanent.

Question: How much notice do you have to give for an Ex-parte hearing? I am in California. I must file an ex parte for a Motion to Compel production of documents. I was told by an attorney ( I am pro per), that I do NOT have to give more than a 24 hour notice. Can anyone confirm this? Thank you!

Answer: 24 hours is usually the adequate notice time for ex parte, but every court has local rules which will tell you exactly what is required. In California many of the courts are online and have their local rules online. Here is a link to find your court.

Question: How can the law allow someone to put an ex parte against someone by lying and not check out the whole story? My daughters dad came to visit her at my house as he is homeless.He doesn't live with me .I tried numerous things to get him out.He had warrants and was picked up for them.I thought this would be the end of it.He went to the courthouse and filed an ex parte against me claiming I abused him and my daughter,is asking for full custody,saying we lived together,and needs me to pay all bills,child support and maintence to him.The hearing will allow me to tell my side of the story.However this isn't helping me now.I can't go into my own home or call my daughter.Before all this happened I beleive he stole checks and forged them as i reported this to police.They arn't doing anything.Now he has access to everything in my home and by law I can't do anything. .The police wouldn't hear my story and threatened to take me to jail.Even though he isn't on my lease they said for the fact he was ever there he has rights to be there.How is this legal or possible.I am the victim not the criminal!!!!!

Answer: You need a very good lawyer who is well versed in custody, (domestic relations).

Question: Is an ex parte order legal if payment for motion filed has not been received? The opposing party filed an ex parte motion. The Judge signed the order, but it was not entered into the system yet because payment had not been received by opposing party. Is the ex parte order still a valid order?

Answer: Yes. Never mess with a judge's order. Even on a technicality. It'll get you into trouble every time, and they don't like people who try to find ways around their orders. BTW, ex parte orders are normally extremely limited in time, so the opportunity to appear and oppose the it is on the table. ** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

Question: How Many times will North Carolina Deputies try to serve a Ex Parte Protection Order? I recently was granted a ex parte protection order but it has been several days now and the Sheriffs has told me that they have been unable to serve it yet. They wont tell me how many times they have tried already and wont tell me if they will keep trying. So I am wondering if they will keep trying to serve the order or will they just give up if after a while?

Answer: May be for 3 terms Source: http://legalcareusa.blogspot.com/

Question: Can anyone think of some good points on the Constitutional case of Ex parte Milligan? I am doing a research paper on Ex parte Milligan. Can anyone think of some good points to mention.

Answer: this is a decent summary: Ex Parte Milligan (71 U.S. 1, 1866) Trials in Wartime The Issue Does an armed conflict within the United States justify imposing military law? What's at Stake? For five men, this case literally meant life or death. In constitutional law, it provides guidance about the extent of legal guarantees in wartime. Facts and Background In 1864, during the Civil War, the Union Army arrested Lambdin Milligan and four other men in Indiana. They were charged with plotting to steal weapons and free Confederate soldiers held in prisoner-of-war camps. A military court sentenced them to die, but they appealed for their release under the Constitution's right of habeas corpus. President Lincoln was very concerned about Southern sympathizers undermining the war effort in the North. These "Copperheads" were especially active in the southern parts of Ohio, Indiana, and Illinois. To combat this threat, President Lincoln issued a number of orders putting certain civilian areas in the North under military control and imposing martial (military) law. This enabled the military to arrest and try civilians whom they suspected of being disloyal. However, the Constitution explicitly guarantees habeas corpus, which means that people have the right to go to court and have a judge determine if it is legal for them to be held. This is an important right, which prevents the authorities from acting illegally. In the Milligan case, the Court had to decide whether Lincoln had followed the law and the Constitution when he authorized martial law. The Decision The decision was issued a year after the war ended. The unanimous Supreme Court held that the President had gone too far. The Court stressed that Indiana was not under attack and that Milligan was not connected with Confederate military service, nor was he a prisoner of war. He was arrested at home, not on a military maneuver. Even more important, the courts in Indiana were open and functioning normally during the war. The government could have charged him with treason and tried him in the courts, where he would have had the right to a jury and the right to a fair trial, under the Constitution. The Reasoning The justices were eloquent in defending the rule of law. Here are some excerpts from the Court's opinion, which was written by Justice David Davis: It is the birthright of every American citizen when charged with crime, to be tried and punished according to law…. By the protection of the law human rights are secured; withdraw that protection, and they are at the mercy of wicked rulers, or the clamor of an excited people. Civil liberty and … martial law cannot endure together…in the conflict, one or the other must perish. The nation…has no right to expect that it will always have wise and humane rulers, sincerely attached to the principles of the Constitution. Wicked men, ambitious of power, with hatred of liberty and contempt of law, may fill the place once occupied by Washington and Lincoln; and if this [broad power of martial law] be conceded, the dangers to human liberty are frightful to contemplate. The Impact of the Decision Milligan was released from prison and never convicted by a civilian court. Fun Facts One of Milligan's lawyers was James A. Garfield, later President of the United States. Justice Davis, who delivered the Court's opinion critical of President Lincoln's executive order, was not only appointed to the Court by Mr. Lincoln, but was also his close friend and in fact had served as Lincoln's campaign manager in the 1860 presidential election.

Question: What is the law for a petitioner who violates an ex parte order? My little brothers girlfriend is constantly filing ex parte orders against him whenever they break up this one make 3 in 3 months. She is always the first one to violate them then he ends up arrested when she gets mad at him again. She came to our house last night and hit him with a beer bottle in the head so he held her down and he is the one who ended up in jail.

Answer: A match made in heaven. A person who takes out a restraining order is usually not breaking the law by contacting the other person first. But it depends on the court order. This is easily solved. Your brother should break up with her and never see her again. If she comes to his house, someone should call the police and have her cited for trespassing. But of course he won't do this because they both like the drama. Whatever.

Question: How to ge t the ex-Parte divorce decree certificate? my wife applied for divorce in india and i did n t turn up.and the judge ll proceeded with ex-parte proceedings, recorded her evidence & passed order for divorce. Now my doubt is that after the order is passed, any proceedure is left? whether any decree should be passed? and how i will get those? Pl. help.

Answer: Yes you can apply for the certified copies of the order & decree of Divorce passed by the District Judge in this Ex-parte divorce proceedings after paying the charges for the certified copies of these in the registry of the District Court which passed this order & you will get these within a week's time.

Question: Can an Ex Parte hearing be re-heard due to attorney malpractice? Our attorney filed our petition incorrectly, withheld significant information and misrepresented us in our ex parte child custody hearing. Can we have that hearing stricken and start over with a new attorney?

Answer: may want to consult a new lawyer to see what your legal rights are

Question: What is an ex-parte motion? For what reasons would you do one? And how do you do one? What are the required steps or procedures for the plaintiff side to do an ex-parte motion?

Answer: Ex parte motion is when you hold a hearing or file a motion without the other side being present. This is only allowed in a few situations where privacy is required or initmidation is likely. Examples: Grand Jury testimony Domestc Violence Protection order Hearings

Question: I filed an Ex Parte against my uncle, I wrote a letter to the judge to drop it because of pressure from my mom Neither myself of my "uncle" showed up to court today. It said online it was dismissed w/o prejudice. I am guessing I will be sent court costs. What could I be expecting with court costs? I would have shown, and was granted a temporary Ex Parte. But my mom didn't want me too, and was pressuring me to drop it. I gave the signed letter to the Judges office the day before.

Answer: You will not be assessed any court costs. The matter is dismissed/ finished w/out prejudice, that means that you can file again. But court costs are paid when you filed your ex parte request. Usually this is a filing fee. Since you did not go to court there will be no court costs.

Question: What is the meaning of a legal case which takes the form 'Regina v xxx (Respondent) ex parte xxx (Appellant)? For example Regina v. London Borough of Bromley (Respondents) ex parte Barker (FC) (Appellant) Regina v. Camberwell Green Youth Court (Respondents) ex parte D (a minor) (Appellant) I know what ex parte and regina means. What does it mean as a whole? I have seen these in House of Lords case names only.

Answer: The Crown is adopting an appeal by the Appellant who is not involved any longer. The Respondent to the Appeal is the original party. There would usually be a point of law the crown wants to clarify hence adoption by the crown of the appellant's case.

Question: Why is an ex parte legal iwithout the other parties defense? Ex husband obtained ex parte temp. custody in another state without my being able to defend myself. What next>

Answer: Due to their very nature (and the 5th and 14th Amendments), ex parte orders are always: 1) temporary 2) contestable It is obvious that you've been notified now about the order. Your next step is to hire a lawyer and contest the order. To answer the question directly, ex parte orders are used when a failing to act immediately could endanger someone. For example, a restraining order is ex parte since in the time it would take for a full hearing, someone could get hurt. Temporary custody falls into that category if your husband presented evidence to the court -- truthful or not -- that the child was in danger.

Question: Why file an ex parte rather than bifurcation for disolution of marriage? Why file an ex parte rather than bifurcation for disolution of marriage

Answer: Don't know. It depends on the law of your jurisdiction. Since we don't know where you live or where suit is pending, no one can answer this one.

Question: what happens when I file an EX Parte order in family court? I am taking my friend to court for guardianship,I also filed an Ex Parte I think it means she won't be notified of the process please explain that,also should I get a lawyer I mean yes she has been abusing the children along with her boyfriend,I can speak for myself but I get very nervous and emotional becuase of things I know and what the kids have told me,so do I really need a lawyer or should I just go in tell the truth myself,the lawyer cost $1,000 I'm thinking dam do I need to pay this man to tell the same thing I know or does it just look good in court.wow lawyers make good money He told me $200.00 an hour but I have to give him $1,000 up front.So I really need to know is this a good look or can he hit some points to the judge that I can't.

Answer: Ex parte means the the party to the case is not notified of the order you are seeking. Ex parte orders are temporary. In my state, they are used for emergencies and cannot last longer than 20 days. You're apparently trying to protect the children by removing the mother's custody and control. This is a difficult case. A lawyer would be extremely helpful. He/she can certainly hit some issues of law that are not known or easily available to you. However, instead of going to Court have you contacted Child Protective Services in your state? They can remove the children immediately if they are in danger. The problem is, they may not give the children to you. I know $1,000 is a lot of money, but this is a difficult area of the law. A lawyer would help you tremendously.