What is an Ex Parte Order?

Divorces are often the source of significant tension between couples. Due to that tension, it may be necessary for one spouse to seek an ex parte order in an Arizona family law case.

An ex parte order occurs when only one party appears in front of the judge to allege a substantial risk to the parties’ child’s physical, emotional, mental, or moral wellbeing. Initially, ex parte orders were an option for parties escaping domestic violence or situations of child abuse. The judge hears the information from the requesting party, then determines if those issues have merit. A determination is made immediately.  If granted, the Court will permit the other party to respond in a later-set hearing (typically set approximately 10 days after the entry of the ex parte order).

An Expedited Hearing

The purpose of the emergency ex parte order is to allow one spouse to see a judge faster than normal. However, exceptional circumstances apply.

The Arizona family courts are extremely wary about granting ex parte orders. Therefore, if you are a victim of domestic violence or your child has been abused by your spouse, you must speak with a family law attorney. An attorney has the resources to handle the extensive paperwork, will file a motion, and fight on your behalf.

Ex parte orders can be extremely complex. Therefore, speak with a family law attorney from Udall Shumway, PLC if you feel an emergency order may be necessary in your situation.

 

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding An Ex Parte Order, or other family law issues, please feel free to contact Jonathan D. Brooks at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.