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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

Councilman Fred Kucker accuses colleague of ex-parte communication

Aspen Daily News
Turnabout is fair play and at Monday night's regular meeting of the Snowmass Village Town Council, Fred Kucker dropped a political bombshell intended to resonate as loudly as the one levied Oct. 6 by fellow board member Chris Jacobson. Speaking during ...
 

CPUC proposes sanctions for ex parte violations

Fierce Energy
An Administrative Law Judge (ALJ) Ruling and an alternate Commissioner proposal have been issued by the California Public Utilities Commission (CPUC) regarding sanctions against Pacific Gas and Electric Company (PG&E) for ex parte violations ...
 

The National Law Review

Recent Nevada Opinion: Retroactivity Rules and Ex-Parte Communication with ...
The National Law Review
 

Romero: No ex parte talks with Related

Aspen Times
For the record, there were no ex parte conversations between Related Colorado or our legal counsel and anyone on the Snowmass Village Town Council. We are excited about the submission of the major PUD amendment next week, which maps out our ...
 

KERO-TV 23

CPUC issues proposals sanctioning PG&E for Ex-Parte Communications
KERO-TV 23
 

Bay Area Indymedia

PG&E Files Response To CPUC Order To Show Cause On Ex Parte ...
Greentech Media
 

Ex Parte Communications between Treating Physician and Attorneys in ...

The National Law Review
Under HIPAA, physicians are permitted to disclose ?protected health information? to their attorneys for purposes of their own healthcare operations. This allows physicians sued by patients for malpractice to provide their attorneys with the information ...
 

Kansas City Star

PG&E Corp. (PCG) Reports Communications with CPUC Which Potentially ...
StreetInsider.com (subscription)
 

Practice Guidance: Family Court ? Duration of ex parte (without notice) orders

Family Law Week
The Magistrates' Association and the National Bench Chairs' Forum had raised with the President the question of whether it is proper to grant an ex parte non-molestation injunction for an unlimited period. The President states in the guidance that to ...
 

EACJ Declines to Grant 'Ex-Parte' to Moshi Trader

AllAfrica.com
The East African Court of Justice (EACJ) has declined to grant ex-parte to a Moshi businessman Alfred Koroso who is seeking Sh. 512 million (K Sh. 28.5million) from the Kenyan government being damages for wrongful arrest, confinement and prosecution.