In the American legal system, it’s crucial for parties to a dispute to be informed of the proceedings. There must be a compelling reason for one party to ignore another. By understanding the application of an ex parte order, we can better manage its effect or avoid it altogether.
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Typically, an ex parte order won’t be granted unless the case qualifies as an “emergency.” An ex parte order is often only issued when there is a chance of imminent and irreparable harm.
What is an Ex Parte Order?
Parents can request the court to decide ex parte (without the other parent’s input) while filing for interim custody or a personal protection order.
An ex parte order is one that is made without informing the opposing party. Although only temporarily effective, they frequently offer immediate relief. They are granted when an expedient solution is required and when it is not practical to set up a normal hearing and give the other party notice.
Ex parte orders, also known as emergency orders, are frequently used in situations involving domestic violence or child abuse since they can be issued quickly.
An ex parte personal protection order remains in effect for at least 182 days, while an ex parte custody order remains in effect until it is replaced by a final custody order.
Ex parte orders are temporary orders made without providing the other spouse with notice or a chance to comment. Ex parte orders are frequently given when a divorce lawsuit is first filed. Status quo orders and/or asset injunctions are examples of common ex parte orders.
Ex parte orders may sometimes be given in cases of extreme exigency, such as when there is a concern for the possibility of one spouse leaving the nation or state with the children or when there is incidence of domestic abuse (which, in Michigan, are referred to as Personal Protection Orders).
Your spouse is served with a copy of any ex parte orders the court issues, and your spouse has 14 days to file any objections. The ex parte order remains in effect despite the filing of an objection up until the hearing. The order becomes a temporary order that is in effect until the divorce is granted if no objections are raised within 14 days.
What Benefits Come with Filing an Ex Parte Order?
An ex parte order has all the force of a court order behind it when it is issued. This enables the recipient to take action right away. For instance, the seeking party may typically get custody of the adult and take him or her to the doctor for treatment if the ex parte order is for guardianship of an adult. An ex parte order also avoids the frequently drawn-out procedure of anticipating a court order.
What Situation Will Require An Ex Parte Order?
Ex parte orders ought to be reserved for emergency situations. Judges rarely grant ex parte orders for child support, parenting time, or other matters involving children.
Ex parte orders are only permitted when the party asking for the order can show that:
- A hearing would cause irreparable injury; or
- Giving notice to the opposing party would induce them to act in a way that would cause irreparable harm before the judge could issue an order.
An ex parte order may be issued for a variety of reasons. Among the most typical are:
To safeguard a child
In an effort to safeguard a kid who is the victim of physical or sexual abuse, an ex parte order may be obtained. The court could ask for additional evidence to back up the moving party’s assertions before making such a decision that could impact a parent’s custody rights.
An ex parte order could be issued in other circumstances involving children. However, whether specific actions will result in an ex parte order varies between jurisdictions and between courts. For instance, while some judges might issue an ex parte judgment based on unpaid child support, truancy, or failure to follow a recent order, others might not.
A family law attorney can explain the prerequisites for the order and what arguments he or she may be able to make in an effort to obtain the order for people who seek to obtain an ex parte order or other order about their child.
To avoid causing personal injury
A protection order for a victim of domestic abuse is one of the most popular types of ex parte orders. Ex parte orders must be granted by courts across the nation when someone claims they have been abused by a family member, domestic partner, or other person. This order is in force up until a hearing, which often takes place a few days or weeks after the ex parte order was made.
To avoid serious financial damage
If waiting for the ordinary proceedings to be finished could cause a large amount of financial harm, there is another situation in which an ex parte order might be given. The ex parte order may be issued if a party may become impoverished if the court does not act right away. The court may also make an urgent order directing a party to cease if they are destroying marital property or acting in a way that could harm the other party’s financial or property interests.
There isn’t currently an ex parte motion form or ex parte order form available for determining custody, parenting time, or child support.
You might wish to consult a lawyer to ensure the motion and order are completed properly because there might be some complicated documents involved in the process.
How Do You Fight An Ex Parte Order?
Ex parte orders might bring a crucial subject before a judge for a prompt decision. However, these directives frequently include some risks. The fact that the orders are issued without a thorough hearing on the merits, for instance, makes them a prime candidate for misuse.
An order of this kind may be used by a party to get around the need to notify the other party in order to prevent the other party from mounting a defense. This may result in the non-moving party’s due process rights being violated. Ex parte orders may also be used as a blatant attempt to jump the queue and avoid having to wait for a hearing with the rest of the parties.
Work with your attorney as soon as you can because there is a prescribed period for you to respond or to object to the order.
An ex parte order becomes enforceable once it has been served. It comes into effect once the court signs it. If you ignore an ex parte order entered against you and served to you, the judge may find you in contempt of court. Contempt of court penalties may include the usual fines and the all inconvenient jail time.
There are two circumstance, a motion for an ex parte order necessitates a hearing:
- If the parent who requested it files an objection within 21 days of the court’s denial.
- If the other parent objects within 14 days of being served with a copy by the requesting parent and the court allows it.
If this is a child custody case, both parents must appear at an ex parte objection hearing in these situations, and provide testimony to a judge or domestic relations referee.
You must submit an Objection to Ex Parte Order and Motion to Rescind or Modify and serve copies of it on the Friend of the Court and the opposing party within 14 days of receiving the ex parte order. You will need your lawyer to guide you through documents.
You have 14 days from the date of mailing to file your objection and serve copies if you received the ex parte order via mail (not 14 days from the time you received the order).
You must get in touch with the court to ask for a hearing date. You will forfeit your right to protest and the ex parte order will remain in effect if you do not submit an objection within 14 days.
Remember, it is 14 days from the date of mailing.
You will have the option to discuss your objections to the order at the objection hearing.
You might want to know if you do successfully fight a PPO can you expect another? We suggest you read our article, “Can A Spouse Ask for A PPO Again If Denied In Michigan?” to know if you might be looking at another soon.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.