Legal Definitions - ex parte order

An ex parte order is a legal directive issued by a court at the request of one party in a case, without prior notice to or participation from the other party or parties involved. These orders are typically granted in urgent situations where immediate action is necessary to prevent significant harm or injustice, or when providing notice would defeat the purpose of the order itself. Because they are issued without all parties having a chance to present their side, ex parte orders are usually temporary and are followed by a full hearing where all parties can be heard before a more permanent decision is made.

Here are a few examples to illustrate this concept:

• Example 1: Emergency Protective Order

  Imagine a situation where a person is experiencing domestic violence and fears for their immediate safety. They can go to court and request an ex parte emergency protective order. The court might issue this order immediately, without notifying the alleged abuser, because the victim's safety is at imminent risk. This order would temporarily prohibit the abuser from contacting or approaching the victim. This is an ex parte order because it's granted based solely on the victim's testimony and evidence, without the abuser being present or having an opportunity to respond, due to the urgent need for protection.

• Example 2: Temporary Restraining Order to Preserve Evidence

  Consider a lawsuit where one company accuses another of stealing trade secrets. The plaintiff company might have credible information that the defendant company is about to destroy crucial digital evidence. The plaintiff could request an ex parte temporary restraining order from the court to prevent the destruction of these files. The court might grant this order without notifying the defendant, because giving notice could prompt the defendant to immediately delete the evidence, thereby defeating the purpose of the order. This is an ex parte order because it's issued to prevent irreparable harm (loss of evidence) before the defendant has a chance to be heard.

• Example 3: Order to Freeze Bank Accounts

  In a case where a victim has been defrauded and believes the perpetrator is about to transfer or hide stolen funds, the victim's attorney might seek an ex parte order to freeze the perpetrator's bank accounts. The court might issue this order without notifying the perpetrator, as giving notice would likely cause the perpetrator to immediately move the money, making it impossible to recover. This is an ex parte order because it's a temporary measure taken to preserve assets and prevent their dissipation, based on the urgent need to secure the funds before the perpetrator can act.