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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

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, ...
 

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 ...
 

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

Nigerian Tribune
ELECTION Petition Tribunal to hear cases emanating from conduct of the June 21 governorship election in Ekiti State began sitting in Ado Ekiti, on Wednesday. Chairman of the three-man panel, Justice Mohammad Siraj, of the Federal High Court, Jos ...
 

USPTO Defends Constitutionality of Inter Partes Review

The National Law Review
Both eCharge and the USPTO examined prior jurisprudence relating to a more familiar USPTO procedure: ex parte reexamination. In prior lawsuits challenging the constitutionality of ex parte reexamination?on grounds similar to those asserted by eCharge ...
 

Fox News

Illegal Relationship Exposed Between CPUC and PG & E: PG & E/CPUC emails
Bay Area Indymedia
 

Jamestown attorney reprimanded in court

Greensboro News & Record
Today, Guilford County Superior Court Judge Stuart Albright said questions were raised about whether Nixon-Roney had ex-parte communication with a previous judge in the case. Ex-parte communications occur when someone has contact with another ...
 

Anita Advani can get copy of Rajesh Khanna's will: HC

Times of India
... of the probate plea?to enable her to challenge the will?had been pending for three months, after which she was told that there was an order granting her permission to get a copy of the proceedings but that the order was stayed through an ex parte ...
 

Problems Plague System for Domestic Violence Restraining Orders

Hartford Courant
Anyone seeking a restraining order because of fear of domestic violence or abuse in Connecticut can get an "ex-parte" temporary order from a judge upon application. But state law requires that a hearing be held within 14 days, and the target of the ...
 

ARRESTS AND SUMMONSES

Columbia Daily Tribune
Jerome Francis Dunn, 48, of 705 Alton St., ex parte violation, $1,000 bond. Christopher Myles Garfias, 27, of 909 N. Cooper Drive, second-degree domestic assault, $4,500 bond. Tara Lynne Knedler, 32, of 5411 Volunteer Drive, peace disturbance. Rafael A.
 

Osun Defender

Ekiti 2014: Court Rejects PDP's Request To Use Soldiers (To Destroy Evidence ...
Osun Defender