Ex Parte Relief: When Emergency Court Action is Necessary
You may have heard of ex parte, but what exactly does it mean? Ex parte is Latin for "one-sided," and in rare, emergency situations, the court can provide immediate relief to protect a party, a child, or the status quo. This relief acts as a temporary measure, requiring a follow-up hearing within 14 days to allow the affected party to present their side of the story.
Common Scenarios for Ex Parte Intervention
The most common scenario requiring ex parte intervention involves child custody. Despite this, ex parte relief is actually quite rare and typically reserved for extraordinary circumstances. Judges often prefer to set a temporary hearing rather than immediately sign an emergency ex parte order.
While custody issues are important, they often do not qualify as emergencies requiring immediate relief.
Legal Framework and Requirements
According to the Rule 65(b)(1) of the Arkansas Rules of Civil Procedure, Temporary Restraining Order, Issuing Without Notice: The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if:
(A) Specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition.
For a judge to grant an ex parte order, there must be an imminent risk of bodily injury, harm, or other irreparable damage. This often involves situations like excessive drug or alcohol use, violence, or other emergency factors that put a child in immediate danger.
Importance of Ex Parte Orders
Ex parte orders are crucial for protecting children from imminent harm and for shielding individuals from liability for contempt or court order violations. If you believe you are in an emergency situation that requires court intervention, it is imperative to consult a knowledgeable attorney for guidance to minimize liability.
Temporary Hearings vs. Ex Parte Orders
Not every custody issue is an emergency. More often, situations requiring prompt court attention are addressed through temporary hearings, which do not follow the same stringent rules as emergency ex parte orders.
Responding to an Ex Parte Order
If you have been served with an ex parte order, it is crucial to hire legal counsel as soon as possible to defend you at the hearing. This will help preserve and protect your rights effectively.
By understanding the nuances of ex parte orders and their appropriate use, you can better navigate the complexities of emergency court interventions and ensure the protection of your and your child's interests.
The knowledgeable and experienced attorneys are Leslie Copeland Law & Mediation are here to guide you every step of the way. Give us a call to set up a case evaluation with us today.