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Ex Parte

Whenever the judge hears from one side only. Generally, ex parte communications are prohibited because they can be unfair and violate due process. Both parties must have the right to tell the court their side of the story. However, there are some emergency situations when the court might find it appropriate. For example, see ex parte protective order.

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.

 


Ex Parte Related Products and News

EX PARTE Patricia Foster SKELTON

Texas Lawyer
Ex parte Garcia, 353 S.W.3d 785, 787-88 (Tex. Crim. App. 2011) (adopting the abuse-of-discretion standard articulated in Guzman v. State, 955 S.W.2d 85 (1997) for appellate review of article 11.072 habeas proceedings). The habeas court is the sole ...
 

Ex Parte Contacts

JD Supra (press release)
In Samsung Electronics Co., Ltd. in Black Hills Media, LLC, IPR2014-00717 Papers 6 and 7, IPR2014-00735, Papers 8 and 9 (July 10, 2014), the patent owner sent an improper email to the Board. In response, the petitioner send an improper reply email to ...
 

Judge Denies GlasWeld's Motion to Make Ex Parte Communication Public or for ...

glassBYTEs
?Counsel for GlasWeld Systems has learned of instances of ex parte communications among defendant Mike Boyle, Boyle's attorney, Madden's apparent attorney and the court,? GlasWeld's attorney writes in the court document. ?Most recently, on June 25, ...
 

Nigerian Tribune

Election tribunal begins sitting in Ekiti ?As APC withdraws ex parte motion
Nigerian Tribune
 

Nigerian Tribune

Tribunal grants APC's request, orders substituted service on Fayose
Nigerian Tribune
 

Guardianship of AL

The Recorder
Both the guardian and Shannon filed ex parte motions to set aside the order terminating the guardianship. The motions were denied on an ex parte basis and were set for hearing on August 7, 2013. Because her deadline for appealing would have expired ...
 

Adams County assessment appeals get rule revisions

The Evening Sun
There never was and will never be ex-parte communications with the board following an appeal hearing. Once an appellant leaves the hearing, the three-member appeals board is not allowed to deliberate with the staff person who operates the computer to ...
 

Search the National Law Review Database

The National Law Review
Listed below are all new filings before PTAB of requests for inter partes review (IPR) and covered business methods review (CBM). Since the last report, no new requests for ex parte reexamination at the USPTO have been posted. This listing is current ...
 

Court to hear PENGASSAN case Sept 25th

BusinessDay
The defendants had challenged the jurisdiction of the Federal High Court to hear the suit, which they claim was labour related. Consequently, the claimants instituted a fresh suit before the NIC, by way of ex-parte application, seeking similar reliefs.
 

Legally Distinguishing Trespassers, Licensees, and Squatters

Huffington Post
In many jurisdictions, an individual such as a spouse or relative who fears domestic violence may obtain a restraining order without a court hearing (ex parte). If this occurs, the landowner may be legally prohibited from entering the premises or being ...