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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

Hotel Says Plaintiffs Conducted 'Ex Parte' Prostitution Inquiry

New Jersey Law Journal
Starwood Hotels is battling in federal court in Camden, N.J., over what it claims was an ex parte investigation into whether its hotel employees help customers procure prostitutes. The investigation in Burgese v. Starwood Hotels & Resorts Worldwide was ...
 

Daily Report (registration)

DeKalb DA Accuses Judge of Ex Parte Talks with Defense Lawyers in ...
Daily Report (registration)
 

San Francisco Chronicle

PG&E Faces Penalties, Restrictions Following Ex Parte Violations
Natural Gas Intelligence (subscription)
 

Obtaining exparte decree of divorce amounts to cruelty: Court

Zee News
"The obtaining of exparte decree of divorce amounts to mental cruelty and harassment. Further, pursuing the appeal before the High Court to get the divorce order set aside also amounts to mental harassment to the complainant (woman)," the judge said.
 

spyghana.com

Chime and CJ Skillfully Masterminds Kangaroo Exparte Order
spyghana.com
 

GhanaWeb

Gov't's ex-parte injunction on labour strike is cowardice ? Baako
GhanaWeb
 

GMA has slammed government's ex-parte motion

spyghana.com
The Ghana Medical Association (GMA) has slammed government's ex-parte motion against the ongoing strike, stating that its members are ready to face prison sentences for their action. Medical Knowledge Fiesta. The government Friday secured an ex-parte ...
 

GhanaWeb

Govt's ex-parte order smacks of bad faith ? Labour
GhanaWeb
 

Income Tax department may pass ex parte order against overseas account holders

Economic Times
NEW DELHI: The income-tax department could pass ex parte orders against overseas account holders who don't cooperate or appear before the authorities as it rushes to complete investigations in five months. "We could look at ex parte assessment orders," ...
 

The Guardian Nigeria

Tambuwal Seeks Ex-parte Order to Stop Removal
THISDAY Live