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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

Duty of loyalty when claimants request ex parte proceedings

Lexology (registration)
Facts First-instance decision. Second-instance decision. Comment. On January 28 2014 the Paris Court of Appeal confirmed the duty of loyalty owed by a party seeking an ex parte order to secure evidence of infringement of its IP rights (saisie-contrefaon).
 

United States: Third Circuit Endorses Use Of In Camera, Ex Parte Witness ...

Mondaq News Alerts (registration)
Twenty-five years ago, the Supreme Court in United States v. Zolin, 491 U.S. 554 (1989) endorsed the use by district judges of in camera and ex parte review of privileged documents in order to determine whether the privilege was vitiated by the crime ...
 

Selectmen take no action on BOA removal request

Seacoastonline.com
"There is certainly no ex parte communication," he said. "I can't say enough of how fair we have been with Sweet Peas." "I feel the same as Bill (Hamilton)," Cutting added. "We are an impartial board. We make a decision based on the ordinances of this ...
 

Mista's lawyer asks for money for expert witness

Fremont News Messenger
FREMONT ? Two motions filed by Igmidio Mista's attorney were granted Monday in Sandusky County Common Pleas Court, and one was decided on during an ex parte hearing. Mista, 33, of Fremont, has been charged with three counts of murder, one count ...
 

Mum is kept in dark over home eviction threat

Herald.ie
Ms Dunne said she and her husband were willing to restart monthly payments to the bank. Judge Linnane said she would grant an ex-parte order staying the possession order until May 16. She noted Ms Dunne intended entering negotiations with the bank.
 

Irish Independent

Mother 'knew nothing of eviction until sheriff called to throw her family out'
Irish Independent
 

Politico

GOP vs. IRS' Lois Lerner: The breakdown
Politico
 

ESPN

Price dismissed from MU basketball team a week after arrests
Columbia Daily Tribune
 

City takes Bibbs suit to federal court

The Wilson Times (subscription)
However, Bibbs was granted an ex-parte temporary restraining order Monday by Superior Court Judge Quentin Sumner. The restraining order prevents city employees from disconnecting utilities at 105 Douglas St. and requiring that he install a sprinkler ...
 

Eliot board members accused of bias, conflicts of interest

Seacoastonline.com
Hardy said BOA members had ex parte discussions about Sweet Peas LLC. ?I am very concerned about ex parte communication,? she told the board. She said William Hamilton, during a discussion of consent agreements, sounded disgusted with Sweet Peas ...