Ex-Parte Hearings: Courts Are Strict—It Must Be a True Emergency

When navigating the complexities of divorce proceedings, understanding the court’s approach to temporary orders is crucial. One of the most misunderstood aspects is the concept of ex-parte hearings. These hearings are designed for urgent situations where immediate court intervention is necessary. However, courts have become increasingly strict about what qualifies as a true emergency. In this article, we’ll break down what ex-parte hearings entail, the proper procedures for requesting temporary orders, and why the courts may deny your request if it doesn’t meet their emergency criteria.

What Are Ex-Parte Hearings?

Ex-parte hearings are special court sessions where one party seeks immediate relief without prior notice to the other party. Typically, when you want temporary orders during a divorce—whether for custody, support, or other matters—you must follow a formal process:

• File a Request for Order (RFO) with the court.
• Submit a declaration and motion explaining your request.
• Get a court date, usually scheduled about 45 days out.
• Serve your spouse with notice of the hearing.
• Both parties appear in court to present their cases.

This standard procedure ensures fairness by allowing both sides time to prepare and respond. The judge then makes orders based on the evidence and arguments presented.

When to Use Ex-Parte Requests

Ex-parte requests bypass the typical notice period and hearing schedule because they are reserved for genuine emergencies requiring immediate judicial intervention. Examples might include situations where a child’s safety is at risk or when a party is in danger of significant financial harm that cannot wait for a regular hearing.

However, courts are very cautious about granting ex-parte relief. If the judge does not agree that the situation is a true emergency, they will refuse to hear the matter immediately and instead set it on the regular calendar. This means your request will be delayed, and you won’t gain the expedited relief you sought.

Common Misconceptions About Emergencies

Many people mistakenly believe that financial hardship or a sudden change in living arrangements automatically qualifies as an emergency. For instance, consider a case where one spouse moves out and cuts off financial support, leaving the other spouse unable to pay rent. While this is undoubtedly stressful, the court may not view it as an ex-parte emergency.

In these cases, the court expects parties to follow the traditional Request for Order process rather than seeking immediate ex-parte relief.

How to Approach an Ex-Parte Request

Before filing an ex-parte request, it’s important to evaluate whether your situation truly meets the court’s definition of an emergency. Consulting with an experienced divorce attorney can help you set realistic expectations. If you’re unsure, you can still file an ex-parte request, but be prepared for the possibility that the judge may not grant immediate relief.

As a general rule, if your attorney feels there is a 50/50 chance or less that the court will consider your matter an emergency, they will advise you accordingly. This helps prevent unnecessary court visits and disappointment.

Final Thoughts

Ex-parte hearings serve an important purpose in divorce cases, but the courts are clear: it must be a true emergency. Understanding the distinction between a genuine emergency and a situation that requires the normal court process can save you time, stress, and frustration.

If you have questions about whether your situation qualifies for ex-parte relief or need guidance on filing temporary orders, don’t hesitate to seek legal advice. Expert counsel can help you navigate the system and improve your chances of getting the relief you need.

Tim Blankenship Divorce661 offers free phone consultations to discuss your case and help you understand your options. You can reach out at (661) 281-0266 for personalized assistance.

Remember, knowing when and how to request ex-parte orders can make a significant difference in your divorce proceedings. Always approach these requests with care and accurate information to ensure the best possible outcome.