What is an Ex Parte?
Updated October 29, 2024.
Have you heard the term “ex parte” but are not quite sure what it means? Freed Marcroft’s attorneys are here to help explain the concept of ex parte and its implications in family law cases.
“Ex parte” is a legal term often arising in emergency family law issues. Ex parte refers to legal proceedings that take place without all parties present. This can happen when one party requests an emergency order or seeks temporary relief without notifying the other party.
For context, due process requires that parties are entitled to notice and the opportunity to be heard. This is true in all court cases, including divorce and family law cases.
But in emergency situations, an “ex parte application” provides an exception to the rules of due process. It allows you to petition the court without prior involvement of the other parties involved in your case. If the judge grants the emergency motion, the order is only temporary. The court holds a full hearing with all the parties within a short period of time. In other words, ex parte applications seek immediate, temporary court orders pending a formal hearing with both parties present.
This article will explore the circumstances under which ex parte orders are granted, the process involved, and the potential impact on your case. Our goal? To empower you with knowledge and enable you to make informed decisions about your legal strategy.
Whether you are a divorcee seeking custody, requiring immediate protection from domestic violence, or dealing with any urgent family law matter, our article will guide you through the intricacies of ex partes in Connecticut.
What Does Ex Parte Mean?
Ex parte is Latin for “from one party.” Often people think it means “emergency.” This is understandable, given that ex parte applications arise out of an emergency.
Understanding the Purpose of Ex Parte Orders
Ex parte orders primarily aim to provide immediate protection or relief in situations where waiting for a full hearing could cause irreparable harm. In family law, such scenarios often involve urgent matters, such as domestic violence, child custody concerns, or financial emergencies. An ex parte order allows individuals to address these pressing issues without the delay of traditional legal processes.
Process of Filing for an Ex Parte Order
Filing for an ex parte order in Connecticut involves several steps that must be carefully followed for the court to consider them. Emergency motions are filed with the Court along with an affidavit signed by the applicant (the person requesting the Court order). Then, the Judge decides them based on the application itself without a hearing or prior notice to the Respondent.
Note that it’s critical to file your request for an ex parte with the correct Connecticut court. Along with the application, the requesting party may need to pay a filing fee, although fee waivers are sometimes available for those who cannot afford them. After filing, the court will review the application and determine whether to grant a hearing on the matter.
If the court is satisfied with the application’s merits, a judge may issue a temporary order without the other party’s presence, often on the same day the application is filed. However, the court will typically schedule a follow-up hearing to allow the other party to present their side and contest the order if they choose. This subsequent hearing is crucial for ensuring that both parties have the opportunity to address the situation and that the legal process remains fair and just.
What Types of Ex Parte Motions Exist in Connecticut?
The three most common types of emergency motions in Connecticut family law are:
- Restraining and Protective Orders
- Emergency Ex Parte Applications for Custody
- Temporary Injunctions
Read: What Are the Types of Restraining Orders?
Read: How Do I Obtain a Civil Protective Order?
Challenging an Ex Parte Order
If the court granted an ex parte against you, you can challenge it in court. This challenge often occurs during the follow-up hearing scheduled by the court after the judge issues the initial ex parte order. At this hearing, both parties present their arguments, evidence, and any witnesses to support their respective positions.
To successfully challenge an ex parte order, the responding party must demonstrate that the order was not warranted based on the evidence presented at the initial hearing. This may involve providing counter-evidence, showing that the claims made by the requesting party were incorrect, exaggerated, or unfounded, or highlighting any procedural errors.
It’s critical to act promptly and consult with an attorney if you want to challenge an ex parte order. Ex partes happen on a very tight timeline, and the process can be complex. Missing deadlines or failing to present a compelling case can result in the order remaining in effect. Engaging an experienced family law attorney as soon as possible is critical — you want to give your lawyer as much time as possible to prepare for court and provide you with valuable guidance.
What Should I Consider Before Filing an Emergency Motion?
You will want to discuss the potential impacts of filing an emergency motion with your family law attorney.
First, and most importantly, if you, your child, or anyone else is in potential danger, your first call should be to the police.
After that, topics for consideration with your lawyer include:
Does a true emergency exist?
Your attorney can guide you through what circumstances are more or less likely to rise to the level of an emergency.
Are there any available options other than an ex parte motion?
For example, if the issues are serious but not time-sensitive, your lawyer may discuss other available pendente lite motions to file either in addition to or in lieu of an emergency application.
Potential impacts on the conflict level of your case
Ex parte motions tend to raise the level of acrimony on a case, although your case may already be high conflict. You might find your lawyer’s take on the impact, given the specific facts and circumstances of your case, helpful.
Consequences of Violating an Ex Parte Order
Violating an ex parte order can have serious legal consequences. In Connecticut, such violations are not taken lightly, as they undermine the protective measures intended to safeguard vulnerable parties. When an individual breaches an ex parte order, the affected party can file a motion for contempt, leading to potential legal repercussions for the violator. The court may impose penalties, which can include fines, changes to custody arrangements, or even jail time in cases of severe or repetitive violations.
Many people don’t realize that violating an ex parte order can also negatively impact the violator’s standing in ongoing family law proceedings. Courts may view violations as indicative of disregarding the law or the parties’ well-being. This perception may impact the court’s decisions regarding custody, visitation, and other critical aspects of family law cases. As a result, individuals facing an ex parte order should take compliance seriously and adhere strictly to its terms.
Moreover, the emotional and relational consequences of violating an ex parte order can be profound. Such violations can exacerbate existing conflicts, lead to heightened tensions, and further complicate legal proceedings. In other words, not following the terms of an ex parte order can increase conflict even further and lead to a cycle of legal disputes.
Next Steps
Ultimately, knowledge is a powerful tool in the realm of family law. Whether you are seeking an ex parte order for protection or facing one issued against you, understanding the intricacies of these legal mechanisms can significantly influence the outcome of your case. Being proactive, informed, and prepared can lead to a smoother experience during your Connecticut family law matter.
For more information about Connecticut divorce and family law, check out our Divorce Information and Facts. If you have questions or want to learn more about how our team of divorce attorneys can help you with your divorce, custody, or post judgment issue, please contact us here.
