Legal Definitions - ex parte hearing

An ex parte hearing (pronounced "ex PAR-tay") is a legal proceeding where a judge hears arguments or receives evidence from only one party involved in a case, without the presence of or prior notice to the other party. These hearings are exceptional and are typically permitted only in urgent situations where immediate action is necessary to prevent significant harm or injustice, and where providing notice to the other side would defeat the purpose of the hearing.

Here are some examples:

• Emergency Protective Order: Imagine a situation where an individual is experiencing domestic violence and fears for their immediate safety. They can go to court and request an ex parte emergency protective order. In this hearing, the judge will listen only to the victim's testimony and evidence, and perhaps that of law enforcement, without the alleged abuser being present or even notified. The purpose is to quickly secure a court order for protection, such as requiring the alleged abuser to stay away, before any further harm can occur. This is an ex parte hearing because the judge makes a decision based solely on the information presented by one side due to the urgent need for protection.

• Temporary Restraining Order to Prevent Asset Transfer: A company discovers that a former executive, in violation of their employment contract, is attempting to transfer a substantial amount of company funds to an offshore account. The company's legal team can immediately seek an ex parte temporary restraining order (TRO) from a judge to freeze those assets. The judge would hear only from the company's lawyers, as notifying the former executive beforehand would likely prompt them to complete the transfer, rendering the order useless. This is an ex parte hearing because it's a one-sided presentation of facts to prevent immediate, irreparable financial harm before the other party can be formally brought into the legal process.

• Emergency Child Custody Order: A parent has credible information that their estranged spouse is planning to flee the country with their child, in direct violation of an existing custody agreement. The concerned parent can petition the court for an ex parte emergency order to prevent the child from leaving the jurisdiction or to grant temporary sole custody. The judge would hear only from the parent presenting the evidence, as giving prior notice to the other parent could accelerate their departure. This illustrates an ex parte hearing because it involves a judge making a critical decision based on one party's urgent request to prevent immediate and severe harm to a child.